Additionally, the responding litigant should be careful not to seek any affirmative relief
that could operate to waive his or her objection to personal jurisdiction.
540(b) could reverse a voluntary dismissal if the plaintiff had received no affirmative relief
The court did not address the E/C's illsuited attempt to reverse the JCC's factual findings regarding the claimant's dependency, because the request for the affirmative relief
of reversal by the E/C through its Answer Brief was determined by the court to be improper.
explores the circumstances in which affirmative relief
may be granted to a non-appellant who actually deserves affirmative relief
on the merits.
sought to assert a defense, not a claim for affirmative relief
Our performance was also impacted by increased costs related to the modernization of the Fresno, California project and higher legal expenses related to matters in which the Company seeks affirmative relief
SWA will continue to seek to cancel such options and shares and seek other affirmative relief
against the Mullers in the action currently pending in the U.
and there is no affirmative relief
, cannot seek to undo a voluntary dismissal.
5th DCA 2002), provides that a court may strike a plaintiff's notice of voluntary dismissal "where the defendant demonstrates serious prejudice, such as where he is entitled to receive affirmative relief
or a hearing and disposition of the case on the merits, has acquired some substantial rights in the cause, or where dismissal is inequitable.
The court did not address the E/C's ill-suited attempt to reverse the JCC's factual findings regarding Molly's dependency, because the request for the affirmative relief
of reversal by the E/C through its was improper.
This article examines the circumstances in which affirmative relief
may be granted to that unfortunate breed: the non-appealing party who, on the merits, actually deserves affirmative relief
SRU Biosystems will be actively pursuing the counterclaims in this litigation to obtain affirmative relief
against Corning and ASI, in addition to vigorously defending against their meritless claims of patent infringement.