Acevedo Villalobos v. Hon. Hernandez

BOWNES, Senior Circuit Judge.

This appeal raises a procedural question of first impression in our circuit: whether the dismissal of a complaint, which does not explicitly dismiss the action, constitutes a “final decision[],” and is therefore appealable under 28 U.S.C. § 1291. 1 We rule in the affirmative, holding that the plaintiffs had both the right to appeal from the judgment dismissing their complaint and the duty to do so in a timely manner. Because plaintiffs’ appeal was not timely, we lack jurisdiction to review the dismissal of the complaint. Furthermore, we conclude that appellate…