Can an order dismissing a complaint rather than dismissing the action be appealed?
MultiRegion, United States of America
The following excerpt is from Gerritsen v. de la Madrid Hurtado, 819 F.2d 1511 (9th Cir. 1987):
Ordinarily an order dismissing the complaint rather than dismissing the action is not a final order and thus not appealable. However, "[i]f it appears that the district court intended the dismissal to dispose of the action, it may be considered final and appealable." Hoohuli v. Ariyoshi, 741 F.2d 1169, 1171 n. 1 (9th Cir.1984).
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