Withdrawal of non-admission complaint against multi-party defendant leading to forfeiture of remedy

The Federal Court of Justice declared the plaintiff's complaint for leave to appeal against the defendant in No. 2 inadmissible following the plaintiff's withdrawal of that specific portion of the complaint, leaving the appeal against the remaining defendants pending with costs undetermined. The dispute concerned a civil matter litigated before the 25th Civil Senate of the Higher Regional Court of Frankfurt am Main, where the plaintiff challenged the court's judgment issued on August 25, 2023. The operative outcome relies on procedural doctrine regarding the withdrawal of a non-acceptance of appeal complaint, resulting in the loss of that specific legal remedy for the withdrawn party without any substantive ruling on the merits by this instance.