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§ 2-108. Dismissal of appeal.
(A) Parties. An appeal may be dismissed by the appellant or appellants.
(B) Form. The motion to dismiss must be in such typewritten form as provided in § 2-106(B).
(C) Service. A motion to dismiss must be served upon the attorney or attorneys of record for all other parties, and must contain proof of such service.
See appendix 3 for form.
(D) Time for Response of Appellees. A motion to dismiss filed by appellant will be submitted to the court 14 days after it is filed with the Supreme Court Clerk or after service upon opposing counsel, whichever is later. Appellee's response to the motion must be made within 14 days. Any party having a right of cross‑appeal at the time the motion to dismiss is filed may, within the 14‑day period provided in this rule, file a notice of intention to cross‑appeal. Upon the filing of such notice, the court shall deny the motion to dismiss and shall fix a brief day for the cross‑appellant. The cause shall then proceed as if the appeal had originally been perfected by the appellee who has cross‑appealed.
(E) Dismissal by Agreement. All parties may agree to the dismissal of the appeal. In that event, appellees may waive objection to the motion to dismiss, or a stipulation may be filed instead of a motion.
This page was last modified on Monday, July 29, 2013