Abstract
With some frequency, courts wrestle with whether litigants can appeal after dismissal without prejudice. But there is no helpful general rule to answer this question. That’s because the without-prejudice designation is more or less irrelevant to whether the dismissal is a final, appealable decision. In this Essay, I show that the nature of the underlying dismissal— what the dismissal did, not its without-prejudice nature—is what matters for appealability. Courts would do well to ignore whether an action was dismissed without prejudice when it comes to determining appealability.
Recommended Citation
Bryan Lammon,
There Is No Helpful General Rule About Appealing Dismissals Without Prejudice,
123
Mich. L. Rev. Online
16
(2024).
Available at:
https://repository.law.umich.edu/mlr_online/vol123/iss1/1
