· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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