Concurrence in Dismissal Dooms Appeal

Friday, November 11, 2005
The U.S. Court of Appeals for the First Circuit ruled that a party who concurs in the trial court’s dismissal of an action may not appeal that dismissal. In the instant case, plaintiff yacht owners brought suit against the carrier after the yachts were damaged during a voyage. The trial court directed that the matter be arbitrated in accordance with the contract of carriage. The trial court also denied plaintiffs’ motion to allow an interlocutory appeal. After an extended period, plaintiffs moved for dismissal of the action in favor of defendants. The motion for dismissal was made “in the interest of finality” and included no indication that plaintiffs intended to appeal. After the trial court granted the motion, plaintiffs filed an appeal. The appellate court held that an order granting an unqualified motion for dismissal by plaintiffs is not subject to appeal. Source: HK Law

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