Regarding the "Stipulation for Dismissal with Prejudice" in the Maricopa County case, that should be followed, probably Monday, with an Order for Dismissal" by the Judge. IIRC, sometimes that's just a form with check boxes for who will pay the attorney fees, and sometimes that is a more explantory written order from the Judge. We'll see.
Because of the lead up to yesterday, Jonah's requests for dismissal with prejudice, and the repeated court orders that Dina wasn't following and ignoring, I think it's safe to assume Dina did not voluntarily offer to withdraw her case. Nor do I think it's even possible that she and Jonah agreed on any kind of "settlement". I think this dismissal comes fom the Judge. He did officially warn her
several times that if Dina continued to refuse to cooperate with the court, in the case SHE filed as Plaintiff, the sanction of dismissal was going to be given.
Here's a brief explanation of dismissal, using AZ statutes: (BBM)
http://definitions.uslegal.com/s/stipulated-dismissal/
Rule 41. Dismissal of actions
(a) Voluntary dismissal; by plaintiff or by order of court; effect.
1. Subject to the provisions of Rule 23(c), or Rule 66(c), or of any statute, an action may be dismissed (A) by the plaintiff without order of court by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (B) by order of the court pursuant to a stipulation of dismissal signed by all parties who have appeared in the action. Such an order may be signed by a judge, a duly authorized court commissioner, the clerk of court or a deputy clerk. Unless otherwise stated in the notice or order of dismissal, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same claim.
The stipulated dismissal of a plaintiff's original action becomes final when the time for filing an appeal passes. Once the dismissal is final, the trial court no longer has jurisdiction over the case. In effect, the case no longer existed because voluntary dismissal of a suit leaves the situation as though the suit had never been brought. [Lewis v. N.J. Riebe Enters., 170 Ariz. 384 (Ariz. 1992)]
Nothing is adjudicated between parties to a stipulated dismissal and none of the issues is actually litigated in the case of a judgment entered by confession, consent, or default. A consent judgment may be conclusive as to an issue only if the parties have manifested such intent in the agreement. Otherwise, the issue remains unresolved. [4501 Northpoint LP v. Maricopa County, 209 Ariz. 569 (Ariz. Ct. App. 2005)]
I think because of her behavior in the case, ignoring deadlines, ignoring court orders, etc., that Dina as Plaintiff will be ordered to pay Jonah's attorney fees and court costs, in addition to the fees, costs, and fines she has already been ordered to pay. Those don't go away just because the case is dismissed. I wouldn't be surprised if there are other fines as well.
Suing Jonah for the wrongful death of their son was a huge mistake for Dina, IMO. Just another expensive example of the extremes she goes to when she's being vindictive. Not exactly rational behavior, IMO.
Quite frankly, I think Dina could have gotten the money she wanted out of Jonah if she had sued him for wrongful death of Max
due to the stair railings in the mansion being unsafe, or not up to code. His insurance would have likely quickly settled that case for $$$$, even though there was an outside toy scooter involved in Max's fall.
