Skip to main content
· 3/15/1976

Milton Lecompte v. Mr. Chip, Inc.

Citations

  • 528 F.2d 601
  • 21 Fed. R. Serv. 2d 622
  • 1976 U.S. App. LEXIS 12392

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that a voluntary dismissal without prejudice is final “[w]here the trial court allows the plaintiff to dismiss his action without prejudice” (emphasis added) (internal quotation marks omitted)
  • stating that it is the effect, rather than the formal language of the dismissal, that determines whether legal prejudice results
  • stating that it is the effect, rather than the formal language of the dismissal, that determines whether legal prejudice results
  • explaining that “[i]f a plaintiff voluntarily dismisses an action without prejudice, it is considered that the suit had never been filed”
  • explaining that a plaintiff generally cannot appeal a voluntary dismissal without prejudice under Rule 41(a)(2), but may appeal if the order has the effect of being a dismissal with prejudice
  • explaining that a plaintiff generally cannot appeal a voluntary dismissal without prejudice under Rule 41(a)(2), but may appeal if the order has the effect of being a dismissal with prejudice

Source: CourtListener parenthetical corpus (CC0).

Judges: Thornberry, Morgan, Roney

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.