Legal Question in Civil Litigation in Massachusetts
If a District (Federal) Court Judge dismissed a case against defendants as there are more than one, states the case is "moot" (on motions to dismiss) does this mean a plaintiff cannot even appeal the Judges decision to the Appeals Court?
1 Answer from Attorneys
You should really consult with an attorney on this, showing him or her a copy of the complaint as well as the court's order of dismissal. That being said, a final dismissal is appealable. However, if the whole case is not dismissed, but only claims against some of the defendants, you may have to wait until the case ends before you appeal. However, before deciding whether you may appeal, you need to decide whether you want to appeal. An attorney will need to know the basis of the dismissal before advising you on that.