response to dimissal?

[Dark04]

ok, dumb question but I want to make sure I do this right! *grin* the following is the letter the lawyer sent me after sending him the signed promissory note with payment. do I need to answer this or worry that there's no judges signature?
--------------------------------------------------------------
Discover Bank, issuer of the Case No. XXXXXXX
Discover Card, by its
Servicing Agent Discover
Financial Svcs., Inc notice of voluntary
dismissal
Plaintiff

vs.

Dark04
DH Dark04

Defendants

Now comes Discover Bank, Plaintiff, and hereby gives notice to this Court and Defendant of the Voluntary dismissal, without prejudice, of the within action, pursuant to Civil Rule 41 (A) at plaintiff's costs.


date with nothing written/and place for judge sig(not there)

--------------------------------------------------------------------------

do I answer this? what plaintiff's costs???????

[LadynRed]

They sued, you slapped 'em down, now they're withdrawing and sucking up their own costs. If you'd lost, you would have had to pay THEIR court costs.

[Dark04]

Thank You Lady!!!!! you just made DH and I very happy! *grin* considering how close everything happened around here (original court date is tomorrow) I'll call and confirm that the dismissal is entered correctly (don't want a sneaky judgement in there anywhere)

[calawyer]

Nice going Dark!!!

Here is what Rule 41 A says:

A) Voluntary dismissal: effect thereof.

(1) By plaintiff; by stipulation. Subject to the provisions of Civ. R. 23(E), Civ. R. 23.1, and Civ. R. 66, a plaintiff, without order of court, may dismiss all claims asserted by that plaintiff against a defendant by doing either of the following:

(a) filing a notice of dismissal at any time before the commencement of trial unless a counterclaim which cannot remain pending for independent adjudication by the court has been served by that defendant;

(b) filing a stipulation of dismissal signed by all parties who have appeared in the action.

Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits of any claim that the plaintiff has once dismissed in any court.

* * * * * * *

Subsection d is interesting. This is what can happen to the plaintiff if it refiles the case:

(D) Costs of previously dismissed action. If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order.

Here is a link to the text of the statute:

http://www.sconet.state.oh.us/Rules/civil/#rule41

[Xanathos]

You still have to watch out for em, Dark, though you're probably homefree. That "Without prejudice" thing means they can refile under the same charges later on...woulda been ideal if they filed to have it dismissed with prejudice.

[Dark04]

yeah, the lawyer explained the with prejudice thing and without prejudice thing to me before we settled on final arrangements. concidering the concessions I did get....I was a little reluctant to push on this point. since DH and I have no intentions of ever defaulting on the promissory note (and I went back to work just to make this payment) we figured we wouldn't get it changed anyway. *shrug* the good news is....no matter what this whole mess will be behind us in 16 months! if we sell some property it will be over sooner! everyone keep your fingers crossed and thanks for all the help!

[kb9tbq]

So glad to see, that this is finally going to be behind you... and best of wishes on the sell of your property.

Have a good day Dark! :P

[Dark04]

Thanks KB....you're an angel! *hugs* I called the court house this morning and confirmed the dismissal was filed! *extreme snoopy dance* maybe this mountain isn't quite as high as I thought it was! *grin*

[kes]

If plaintiff is moving the case from the small claims (county) court to the circuit court, would he need to file a Notice of Voluntary Dismissal of the case in the County Court First?