It would be necessary to review the Reporter's Transcript before advising you on the a manner in which to proceed.
This answer does not constitue legal advice, nor does it creat an attorney/client relationship. If you are seeking legal advice upon which you intend to rely, you should hire competent cousel familiar with this area of the law in your locale.
This is a question that probably cannot be answered on AVVO, since someone would need to review some of the documents and the case history to give you an answer. Call your attorney and ask him.
If you filed a default judgment or default then you cannot dismiss until you have those vacated.
This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com