Petnuch v. Smith

DAUKSCH, Chief Judge.

This is an appeal from an order by the trial court determining it had no jurisdic*295tion in this matter. It was the judgment of the trial court that after the plaintiff’s complaint was dismissed with leave to amend and the twenty days for amendment expired; the case stood dismissed and the trial court no longer had jurisdiction.

An order dismissing a complaint with leave to amend is a non-appealable non-final order which does not terminate the proceedings in the trial court. Because it is a non-final order, the trial court was in error in its determination it had lost…