Opinion

Mitchell v. Board of Governors

  • 145 F.2d 827
  • 1944 U.S. App. LEXIS 2671
Court
Court of Appeals for the Ninth Circuit
Filed
Oct 26, 1944
Status
Published
On the bench
Denman, Healy, Stephens
Cited by
5 cases

“A proceeding is none the less terminated because it is dismissed without prejudice.”

How later courts described this case

  • “A proceeding is none the less terminated because it is dismissed without prejudice.”

Written by the judges who cited it.

The opinion

Upon Petition for Rehearing.

The petition for rehearing labors under the misapprehension that the order of dismissal on September 26, 1942, of appellant’s proceeding for reinstatement was not *828 a final order ending that proceeding, because it was without prejudice.

Hence, he argues, that proceeding remained open for the filing therein of a subsequent petition. Appellant is in error. A proceeding is none the less terminated because it is dismissed without prejudice. Without setting aside such an order, the court is without jurisdiction in that proceeding to entertain another petition, filed in that proceeding over a year later.

The petition for rehearing is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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