WMX Technologies, Inc. v. Miller
Opinion
Lead Opinion
Fernandez, J.
WMX Technologies, Inc. brought this action against Edwin L. Miller, the District Attorney of San Diego County, California, after Miller issued a report which was unfavorable to WMX. The district court dismissed WMX’s claims, but gave leave to amend certain ones. WMX did not amend, did not tell the district court that it would not do so, and did not obtain a final order of dismissal. It simply appealed.
We considered the serious substantive issues raised by the appeal and affirmed. See WMX Technologies, Inc. v. Miller, 80 F.3d 1315 (9th Cir.1996). We then agreed to hear the case en banc, but upon reflection we have determined that we have no jurisdiction over this appeal because there is no final judgment. Thus, we dismiss for lack of jurisdiction.
BACKGROUND
While the substantive facts of this case and the substantive legal issues are interesting, they are not relevant to our decision. What is relevant is the procedural posture. When Miller filed his Federal Rule of Civil Procedure 12(b)(6) motion to dismiss, the district court granted that motion and ruled as follows: .
The court then followed that up with a “judgment” which read:
*1135 WMX neither took advantage of the…