Albert Montes v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that prior dismissal order was not intended to be final where the district court had suggested during the dismissal hearing that the plaintiff should \feel free\ to come up with a new approach
• concluding that failure of notice of appeal to specify earlier order did not bar appeal where \the intent to appeal a specific judgment [could] be fairly inferred and the appellee [was] not prejudiced by the mistake\
• concluding that prior dismissal order was not intended to be final where the district court had suggested during the dismissal hearing that the plaintiff should \feel free\ to come up with a new approach
• noting that, in determining whether a dismissal order is final, it is important to consider “what effect the court intended it to have, rather than the label placed upon it”
• “[T]his Court has traditionally drawn a distinction between the dismissal of the complaint and the dismissal of the underlying action.”
• appellant could challenge first judgment on appeal following second and final judgment

Source: CourtListener parenthetical corpus (CC0).