· 3/31/1976
Mrs. Carmella M. Borelli v. City of Reading
Citations
- 532 F.2d 950
- 21 Fed. R. Serv. 2d 689
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “an implicit invitation to amplify the complaint is found in the phrase ‘without prejudice’”
- explaining that a plaintiff’s ability to correct a deficiency without affecting the cause of action is why a without-prejudice dismissal is neither final nor appealable
- noting that a without prejudice dismissal may be final if the plaintiff stands on his complaint
- explaining that a plaintiff’s ability to correct a deficiency without affecting the cause of action is why a without-prejudice dismissal is neither final nor appealable
- noting that “[g]enerally, an order which dismisses a complaint without prejudice is neither final nor appealable because the deficiency may be corrected by the plaintiff without affecting the cause of action”
- suggesting that a district court should “expressly state, where appropriate, that the plaintiff has leave to amend within a specified period of time” when dismissing a civil rights complaint for failure to state a claim
Source: CourtListener parenthetical corpus (CC0).
Judges: Seitz, Van Dusen Weis
Read full opinion on CourtListenerSourced 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.