Judgment, Setting Aside, FRCivP 60, Voluntary Dismissal Without Prejudice, 5, 2
An FRCivP 60(b) motion may be brought to obtain relief from a voluntary dismissal without prejudice under FRCivP 41(a). Voluntary dismissal is a final determination of a proceeding. Hence, falls within the scope of FRCivP 60(b)’s words allowing relief “from a final judgment, order, or proceeding”. Also Rule 60(b) was based on CCP 473(b) under which voluntary dismissals had been held subject to relief.