Legal Opinion
Holloway v. England
Court of Appeals for the Ninth Circuit
Decided October 11, 2002No. 01-15616; D.C. No. CV-00-00981-SBAPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM **
I. Appealability
We have raised sua sponte whether the district court’s order was a final and appealable order, as we must for issues concerning our jurisdiction. See WMX Tech., Inc. v. Miller, 104 F.3d 1133, 1135 (9th Cir.1997) (en banc). Having raised the question, we find that the answer is yes.
In determining whether the district court’s ruling was a final, appealable order, we focus on the effect the court intended to have, whether it intended to end litigation or leave the plaintiff free to file an amended complaint. See Montes v. United States, 37 F.3d 1347, 1350 (9th…
2Cases cited11 opinions
- United States v. TestanSupreme Court of the United States · 1976
- United States v. MitchellSupreme Court of the United States · 1983
- Bowen v. MassachusettsSupreme Court of the United States · 1988
- Beller v. MiddendorfCourt of Appeals for the Ninth Circuit · 1980
- Nathan S. Smith v. Arthur R. Grimm and Jeannine GrimmCourt of Appeals for the Ninth Circuit · 1976
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3Cited by2 opinions
- Holloway v. United StatesUnited States Court of Federal Claims · 2004
- Holloway v. Johnson, Acting Secretary of the NavySupreme Court of the United States · 2003