Can a motion to dismiss be appealed at the Court of Appeal?
MultiRegion, United States of America
The following excerpt is from USA. v. Oakland Cannabis Buyers, 190 F.3d 1109 (9th Cir. 1999):
We lack jurisdiction of the appeal because the denial of a motion to dismiss is generally not appealable. See 28 U.S.C. SS 1291 & 1292 (granting appellate jurisdiction over final orders and limited interlocutory orders). The denial of the motion to dismiss is not one of the interlocutory orders that can be appealed under S 1292, and it is not a final judgment under S 1291. See, e.g., Credit Suisse v. United
Page 1112
States Dist. Ct., 130 F.3d 1342, 1345-46 (9th Cir. 1997).
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