# Mitchell v. Board of Governors

> Court of Appeals for the Ninth Circuit · October 26, 1944 · 145 F.2d 827

URL: https://www.frixlaw.com/law-library/cases/6889694

## Case

- **Full name:** MITCHELL v. BOARD OF GOVERNORS OF WASHINGTON STATE BAR ASS'N
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** October 26, 1944
- **Citations:** 145 F.2d 827; 1944 U.S. App. LEXIS 2671
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Denman, Healy, Stephens
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6889694

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6889694. Public record. Not legal advice.