View Single Post
Old June 27, 2012, 07:58 PM   #353
KyJim
Senior Member
 
Join Date: July 26, 2005
Location: The Bluegrass
Posts: 7,463
Quote:
have no idea what the state court rules are in the Bluegrass State but in Federal Court any dismissal of a complaint, in whole or in part (with or without prejudice) can be appealed if one follows the proper procedure.

Don Kilmer says he will be filing an Amended Complaint.
Not exactly the same as the federal rule. I do point out Federal Rule of Civil Procedure 54(b) which states:
Quote:
(b) Judgment on Multiple Claims or Involving Multiple Parties. When an action presents more than one claim for relief—whether as a claim, counterclaim, crossclaim, or third-party claim—or when multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay. Otherwise, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties’ rights and liabilities.
http://www.law.cornell.edu/rules/frcp/rule_54. So, it really depends upon how the actual "judgment" is worded. I don't belief the Opinion and Order linked to would be the actual judgment which could be appealed. One could be entered separately.

BTW, the entry or denial of temporary injunctions are handled differently, of course, but I don't think that relief was sought. I could be wrong as I am not intimately familiar with the litigation.
__________________
Jim's Rules of Carry: 1. Any gun is better than no gun. 2. A gun that is reliable is better than a gun that is not. 3. A hole in the right place is better than a hole in the wrong place. 4. A bigger hole is a better hole.
KyJim is offline  
 
Page generated in 0.04924 seconds with 7 queries