Can an order purporting to dismiss a complaint but not the action be appealed?
MultiRegion, United States of America
The following excerpt is from Conway v. Slaughter, 440 F.2d 1278 (9th Cir. 1971):
An order purporting to dismiss a complaint, but not the action, is not appealable under 28 U.S.C. 1291 unless it appears that "a court determined that the action could not be saved by any amendment of the complaint which the plaintiff could reasonably be expected to make." Jackson v. Nelson, 405 F.2d 872, 873 (9th Cir. 1968).
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