Granting of motion to dismiss with prejudice is appealable as a final order, regardless of whether a final decision has been entered.
A party moving to dismiss its own complaint with prejudice after the filing of the first responsive pleading is entitled to withdraw the motion and proceed to litigate the merits when the movant believes that the more than de minimis conditions for dismissal ordered by the court are excessive.
http://www.ca2.uscourts.gov/decisions/isysquery/18117533-af8c-4c92-8e88-1a67ed0ac49a/2/doc/17-2204_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/18117533-af8c-4c92-8e88-1a67ed0ac49a/2/hilite/
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.