Can The Court Dismiss My Appeal?

Yes, there are a few different ways your appeal could be dismissed by the court prior to a final ruling in the case.

By Request

First, the court could dismiss your appeal at your request. You are always free to ask the court to dismiss your case and accept the ruling of the trial court. You can also request the court dismiss your appeal on the basis that you have settled your dispute with the other party.

However, if your case is pending in the state Supreme Court, asking to dismiss your appeal for these reasons may be more difficult. The state Supreme Court often accepts cases because they involve important legal issues in this state, which may have important precedential value. As a result, the Supreme Court may decline to dismiss a case if it feels a ruling on the issue if important.

Involuntary Dismissal

The court can also dismiss your appeal involuntarily. If you fail to raise sufficient reasons to justify your appeal, the other side may file a motion called a “motion on the merits.” This is the other side’s request to the court that your appeal be dismissed summarily because there is no chance that your requests on appeal will be granted.

Douglas N. Kiger, Attorney at Law

Blado Kiger Bolan, Tacoma, Wash.

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