judgment of dismissal

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Noun

judgment of dismissal - a judgment disposing of the matter without a trial

judicial decision, judgment, judgement - (law) the determination by a court of competent jurisdiction on matters submitted to it

law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"

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References in periodicals archive ?

Paulate had argued that the reversal by the Court of Appeals of the Ombudsman's judgment of dismissal in the administrative case proved that there was insufficient evidence against him.

Quezon City councillor gets suspension over graft

Where plaintiff, who sued a city, a police board and various individual defendants alleging constitutional violations, sought to bring new claims and add new defendants, the judgment of dismissal is affirmed because the District Court properly applied claim preclusion.

8th U.S. Circuit Court of Appeals Digest: Sept. 13

A 1900 case required a judgment of dismissal to make the sustaining of a demurrer final.

Supreme Court expands its rules on finality

A judgment of dismissal can no longer be appealed under the rule against double jeopardy, the court said.

Ex-Surigao governor's acquittal over fertilizer scam affirmed

Seneca said it was pleased by the Oregon Department of Energy's decision, formalized in a judgment of dismissal on June 2.

Seneca wins suit over tax subsidy

The court order is effective immediately and Allan's camp was ordered to prepare a proposed order and judgment of dismissal.

U.S. court upholds $500K award to Filipino home care worker

On remand to his appeal, Cardenas moved for relief from the judgment of dismissal under Federal Rule of Civil Procedure 60(b).

Fifth Circuit denies certificate of appealability in case of Mexican citizen on death row who claims that Texas law enforcement officers had failed to inform him of his rights under the Vienna Convention on Consular Relations; the convention creates no judicially enforceable individual rights

In short, an order dismissing a case with leave to amend is not a final appealable order, and the appellate clock does not start ticking until a final judgment of dismissal is entered.

Orders on motions to dismiss for failure to state a cause of action - when are they final for purposes of filing notice of appeal?

COURT'S OPINION: The Appeals Court Of Massachusetts reversed the decision rendered and vacated the judgment of dismissal of the plaintiff's claim.

MA: failure to diagnose respiratory symptoms; court vacated dismissal of administratrix's case

If, however, a plaintiffs claim is not one for health care liability, or if the trial court dismisses a plaintiffs claim on the erroneous belief that the plaintiff failed to file (or filed an inadequate) medical expert's report, then a court will likely find that the trial court abused its discretion and reverse a judgment of dismissal. In a footnote the court noted that arguably, as the defendant alleged, even the amended petition which alleged a premises defect concerning a substandard air filtering system and unclean rodent-infested environment is also a health care liability subject to the requirement of an expert report.