5. If an appellant no longer wishes to continue an appeal, what steps should be taken?

A. Voluntary Abandonment Before Record is Filed (Rule 8.244(b)). Before the record on appeal has been filed, a written abandonment by appellant or stipulation for abandonment must be filed with the clerk of the superior court, who will then forward it to this court.

B. Voluntary Abandonment After Record is Filed (Rule 8.244(c)). After the record on appeal has been filed, a written request by appellant or stipulation for dismissal must be filed with the clerk of the Court of Appeal. If the parties stipulate to dismiss the appeal, the parties may stipulate to costs. If there is no such stipulation respondent will be awarded costs. The Court of Appeal may direct, or the parties may stipulate to, the immediate issuance of the remittitur. Absent such direction or stipulation, the remittitur will be issued on the 61st day after the filing of the order to dismiss.

C. Nature of Dismissal. An appeal may not be dismissed without prejudice.