Legal Opinion
Julia M. Martinez v. Joseph Flores and Angela Flores
Court of Appeals for the Ninth Circuit
Decided July 6, 1961No. 17388PublishedCited by 7 opinions
1Opinion of the Court
ORDER
As in our appeal No. 16,865, Martinez v. Flores et al., which we dismissed on May 2, 1960, with a simple minute entry order, we are again of the opinion that the appeal should be dismissed. Twice the district court has dismissed the complaint, but never the action. There is a difference. Merritt-Chapman Scott Corp. v. City of Seattle, 9 Cir., 281 F.2d 896; Turnbull v. Cyr, 9 Cir., 184 F.2d 117. And we believe observance of the distinction has a sound basis, even though in this case it may be argued it is not worth while.
The last order below just is not final. Were the judge available who…
2Cases cited2 opinions
- Merritt-Chapman & Scott Corporation, a Corporation v. City of Seattle, Wash., a Municipal CorporationCourt of Appeals for the Ninth Circuit · 1960
- Turnbull v. CyrCourt of Appeals for the Ninth Circuit · 1950
3Cited by7 opinions
- O'NEAL v. PriceCourt of Appeals for the Ninth Circuit · 2008
- Midwestern Developments, Inc. v. The City of Tulsa, Oklahoma, a Municipal CorporationCourt of Appeals for the Tenth Circuit · 1963
- O'NEAL v. PriceCourt of Appeals for the Ninth Circuit · 2008
- Smith v. SernaCourt of Appeals for the Tenth Circuit · 1966
- O'NEAL v. PriceCourt of Appeals for the Ninth Circuit · 2008
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