Maureen Gardner v. J. J. Newberry Co., Inc.

BONE, Circuit Judge.

Defendant-appellee moved in the lower court “ * * * to dismiss the amended complaint of the Plaintiff herein upon the ground and for the reason that the same does not state a claim against Defendant upon which relief can be granted.” In an order the lower court provided that “the motion of defendant" corporation to dismiss be, and the same is hereby, granted.” Appellant’s appeal is “ * * * from that certain Order of Dismissal rendered in favor of the defendant * * * »

On numerous occasions this Court has held that an order which dismisses a complaint without dismissing the…