Your attorney can submit the paperwork to end the case if he wants. He does not have to wait for the Plaintiff's attorney to do it. He just has to send copies to opposing counsel. Hard to understand the balance of your request. Appeal? Ruling was against you? Why are you rushing to get it then? You want to appeal? Is there a basis for it? If the Judge ruled against you apparently he did not believe it was frivolous. His opinion unfortunately matters more than your assessment. Review the matter with your attorney.
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505