Appellate Jurisdiction,  Appellate Procedure,  Federal Procedure

Appealing from an Order of Dismissal

An order dismissing a complaint is not a “final decision,” so such an order is generally not appealable under 28 USC ยง 1291. A dismissal order may be appealable, however, when it appears that the district court intended the order to dispose of the action.

What to make of the district court’s intent when its order dismissing a complaint does not specify whether or not leave to amend is granted? In Mendiondo v. Centinela Hospital, case no. 06-55981 (9th Cir. Apr. 1, 2008), the Ninth Circuit notes that failure to address amendment means that the court denied leave to amend. Accordingly, it infers that the district court intended the order to finally dispose of the action, and that it has jurisdiction over an appeal from the order under section 1291.