dismissal

An order or judgment finally disposing of an action, suit, motion, etc., without trial of the issues involved. Such may be either voluntary or involuntary. Fed.R. Civil P. 41. A release or discharge from employment.

@ involuntary dismissal

Under rules practice, may be accomplished on court's own motion for lack of prosecution or on motion of defendant for lack of prosecution or failure to introduce evidence of facts on which relief may be granted. Fed.R. Civil P. 4Kb).

@ voluntary dismissal

Under rules practice, may be accomplished by plaintiff without leave of court if filed before answer or by stipulation signed by all parties after answer is filed. Fed.R. Civil P. 41(a)

@ dismissal and nonsuit

Termination of case because of plaintiffs failure to prosecute or plaintiffs desire to discontinue

@ dismissal compensation

The payment of a specific sum, made by employer to employee for permanently terminating employment. Also called severance pay or separation pay

@ dismissal without prejudice

Term meaning dismissal without prejudice to the right of the complainant to sue again on the same cause of action. The effect of the words "without prejudice" is to prevent the decree of dismissal from operating as a bar to a subsequent suit

@ dismissal with prejudice

Term meaning an adjudication on the merits, and final disposition, barring the right to bring or maintain an action on the same claim or cause. It is res judicata as to every matter litigated

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