Dismissal; Default

142.01 Voluntary Dismissal If the parties to an appeal or other proceeding execute and file with the clerk of the appellate courts a stipulation that the proceedings be dismissed, the matter may be dismissed upon the approval of the appellate court. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. APPELLATE PROCEDURE 142.02 Default of Appellant MINNESOTA COURT RULES 92 The respondent may serve and file a motion for judgment of affirmance or dismissal if the appellant fails or neglects to serve and file its brief and addendum as required by these rules. If the appellant is in default for 30 days and the respondent has not made a motion under this rule, the appellate court shall order the appeal dismissed without notice, subject to a motion to reinstate the appeal. In support of the motion, the appellant must show good cause for failure to comply with the rules governing the service and filing of briefs, that the appeal is meritorious and that reinstatement would not substantially prejudice the respondent's rights. (Amended effective for appeals taken on or after January 1, 1992; amended effective July 1, 2014.) Advisory Committee Comment - 2014 Amendments