11th Circuit Into This Whole “Jurisdiction” Thing.


My favorite case (ok, I take that back — I have several) just had a fun 11th Circuit development.

Who knew?Turns out you can’t just appeal the dismissal of your lawsuit when you have been given leave to amend and in fact have filed an amended pleading:

This appeal is DISMISSED, sua sponte, for lack of jurisdiction. The district court’s January 29, 2010, order, dismissing Peter Halmos’s second amended complaint is neither final nor immediately appealable because it permitted him to file a third amended complaint, which is currently pending before the district court. See JUST ABOUT EVERY CASE I CAN THINK OF DEALING WITH APPEALS OF NON FINAL ORDERS.

(I’m paraphrasing that last part.)

I do love this case.