What if the other side drops their appeal, does that mean the case goes away?

Answer:

No. An appeal by one party is treated like an appeal by all parties. Hence, once the appeal is filed, the appealing party can no longer withdraw the appeal unilaterally. The case will go on to the next stage.

If the appealing party is the plaintiff, then he or she can file a praecipe to discontinue the case on the county docket. Absent such a praecipe, however, the case will continue on the docket and the defendant must take steps to get it dismissed. Otherwise, per the docket, it will appear to the world (and the defendant's creditors), that an ongoing suit is pending against the defendant even if the plaintiff no longer wants to go forward with suit.

At our firm, we can help you with the paper work necessary to bring an appeal to an ending on the docket. We can make the docket show that the case is dismissed for want of activity (non pros) or otherwise get an agreement with the other party such that we can file papers to end litigation.

For more information, call us!


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