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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.