Legal Opinion

J. L. Ex Rel. N.L. v. Downey Unified School District

Court of Appeals for the Ninth Circuit

Decided July 15, 2014No. 12-57053Unpublished

1Opinion of the Court

ORDER **

Downey Unified School District (School District) appeals from a district court order remanding to the California Office of Administrative Hearings for further factual findings and legal conclusions. Because the School District appeals from a non-final order to which none of the exceptions to the final judgment rule apply, we lack jurisdiction. Accordingly, we dismiss this appeal.

Ordinarily, a district court order remanding to a state agency for further factual determinations is not a final decision for purposes of appellate jurisdiction. See Shapiro v. Paradise Valley Unified Sch.…

2Cases cited3 opinions

  1. Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
  2. Isadora Shapiro, by and Through Her Parents Gary and Laurie Shapiro v. Paradise Valley Unified School District No. 69, Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1998
  3. Commissioner v. JT USA, LPCourt of Appeals for the Ninth Circuit · 2011

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