· 9/26/2006
Moya v. Schollenbarger
Citations
- 465 F.3d 444
- 11 Wage & Hour Cas.2d (BNA) 1571
- 2006 U.S. App. LEXIS 24267
- 2006 WL 2732601
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “a dismissal of the entire action is ordinarily final” (internal quotation marks omitted)
- concluding that, because “the district court in this case intended to dismiss [the plaintiff’s] entire cause of action,” the dismissal without prejudice was final and the appellate court had jurisdiction
- explaining that, because orders expressly granting leave to amend are not final, plaintiffs who choose to appeal rather than amend must first obtain a final judgment from the district court
- reasoning that dismissal of the entire action is ordinarily a final judgment
- noting, in that situation, “the district court must have intended to dismiss the entire action and our appellate jurisdiction is proper”
- ordering each party to “bear their own costs and fees” indicates finality
Source: CourtListener parenthetical corpus (CC0).
Judges: Murphy, Ebel, McConnell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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