(A) Parties. An appeal may be dismissed by the appellant or appellants.

   (B) Form. The motion to dismiss must be in such form as provided in § 2-103(A).

   (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 as required by § 2-103(B).

See appendix 3 for form.

   (D) Submission. A motion to dismiss filed by appellant will be submitted to the court 10 days after it is filed with the appellate court or after service upon opposing counsel or a self-represented party, whichever is later.

   (E) Time for Response of Appellees. Appellee's response to the motion shall be made within 10 days after the motion is filed with the appellate court. Any party having a right of cross-appeal at the time the motion to dismiss is filed may, within the 10-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.

   (F) Dismissal by Agreement. All parties may agree to the dismissal of the appeal. In that event, appellees may waive response to the motion to dismiss, or a stipulation may be filed instead of a motion.

Renumbered and codified as § 2-108, effective July 18, 2008. § 2-108 amended June 9, 2021, effective January 1, 2022.