If someone loses a case on purpose (by not paying an administrative fee, causing a dismissal w/o prejudice) in order to cause an appeal, because they want their case heard by the appeals court instead of a local court, does their intentional loss of the case forfeit their right to appeal? In other words, is there such a thing as implied voluntary dismissal?
Asked on 5/02/12, 1:08 pm
1 Answer from Attorneys
Philip Duvalsaint
Philip A. Duvalsaint, PLLC
A dismissal without prejudice is not a final appealable order. Appeals court do not try cases, they review the decisions of a lower court.
Answered on 5/03/12, 10:30 am
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