Can an order that merely dismisses a complaint but does not expressly dismiss the action be appealed?
MultiRegion, United States of America
The following excerpt is from Estate of Adams, 935 F.2d 273 (9th Cir. 1990):
An order that merely dismisses a complaint but does not expressly dismiss the action is not final and appealable under 28 U.S.C. Sec. 1291 because the complaint is still open to amendment. Unless special circumstances indicate that the court below determined that the complaint could not be saved by amendment, the order is not appealable. Hurst v. California, 451 F.2d 350, 351 (9th Cir.1971).
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