Mendoza Vs Paule
Mendoza Vs Paule
Mendoza Vs Paule
Cases cited:
Laws cited:
Section 2. Dismissal upon motion of plaintiff. — Except as provided in the
preceding section, a complaint shall not be dismissed at the plaintiff's instance
save upon approval of the court and upon such terms and conditions as the
court deems proper. If a counterclaim has been pleaded by a defendant prior
to the service upon him of the plaintiffs motion for dismissal, the dismissal
shall be limited to the complaint. The dismissal shall be without prejudice to
the right of the defendant to prosecute his counterclaim in a separate action
unless within fifteen (15) days from notice of the motion he manifests his
preference to have his counterclaim resolved in the same action. Unless
otherwise specified in the order, a dismissal under this paragraph shall be
without prejudice. A class suit shall not be dismissed or compromised without
the approval of the court. (2a)
Section 3. Dismissal due to fault of plaintiff. — If, for no justifiable cause, the
plaintiff fails to appear on the date of the presentation of his evidence in chief
on the complaint, or to prosecute his action for an unreasonable length of
time, or to comply with these Rules or any order of the court, the complaint
may be dismissed upon motion of the defendant or upon the court's own
motion, without prejudice to the right of the defendant to prosecute his
counterclaim in the same or in a separate action. This dismissal shall have the