Thompson v. Dereta

Tenth Circuit Court of Appeals

Decided April 20, 1983.

Tenth Circuit Court of Appeals · decided 1983-04-20

Relies on Petty v. Manpower, Inc. · 549 F. Supp. 297 - Thompson v. Dereta

Good law ✅— No negative treatment on recordhow we know

Decided 1983-04-20

How this case has been cited

Cited by 9 later decisions — most recently September 2006

6 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1 *1344Before SETH, Chief Judge, and LOGAN and SEYMOUR, Circuit Judges.

¶2ORDER AND JUDGMENT

¶3In accordance with 10th Cir.R. 9(e) and Fed.R.App.P. 34(a), this appeal came on for consideration on the briefs and record on appeal.

¶4This is an appeal from an order dismissing plaintiffs complaint, but with leave to amend. The record indicates that plaintiffs amended complaint is still pending.

¶5It is well settled that dismissal of a complaint is not an appealable order unless, in a practical sense, the district court, 549 F.Supp. 297, dismisses the action as well. Petty v. Manpower, Inc., 591 F.2d 615 (10th Cir.1979). In this case, we conclude that the appeal is premature and must be dismissed. There is no indication that the plaintiff will be precluded from taking a proper appeal, if necessary, after the district court enters a final dispositive order. See 10th Cir.R. 17(b).

¶6The appeal is DISMISSED.

¶7The mandate shall issue forthwith.