John Petro v. Stanley Bakely, Jr.

Third Circuit

John Petro v. Stanley Bakely, Jr.

353 F.2d 511, 1965 U.S. App. LEXIS 3734

Court of Appeals for the Third Circuit·Decided December 7, 1965·No. 15326_1·Published·Cited by 1 cases

Opinion

PER CURIAM:

This appeal has been taken from an order of the district court denying a defendant’s motion to dismiss as res judicata an action for negligent injury. No further dispositive action has occurred in the trial court.

While the granting of a motion to dismiss may be a final judgment, the denial of such a motion lacks the finality which is essential .to support an immediate appeal.

The appeal will be dismissed for want of jurisdiction.

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PER CURIAM:

This appeal has been taken from an order of the district court denying a defendant’s motion to dismiss as res judicata an action for negligent injury. No further dispositive action has occurred in the trial court.

While the granting of a motion to dismiss may be a final judgment, the denial of such a motion lacks the finality which is essential .to support an immediate appeal.

The appeal will be dismissed for want of jurisdiction.

John Petro v. Stanley Bakely, Jr., 353 F.2d 511, 1965 U.S. App. LEXIS 3734 (3d Cir. 1965).

Pincite

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Opinion

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