forhelp999
Junior Member
What is the name of your state? MA
My case was dismissed in low court on pending action in another court. so that I went to appeal court.
Soon, the another court declined these claims.
Now, the appeal court ruled that the low court erred by dismissing on pending action. However, the appeal court did not remand the case back, instead, they ruled a sua sponte dismissal for failure of state a claim.
Does the appeal court possess authority to order sua sponte dismissal?
The original dismissal was not for failure to state a claim.
Thanks.
My case was dismissed in low court on pending action in another court. so that I went to appeal court.
Soon, the another court declined these claims.
Now, the appeal court ruled that the low court erred by dismissing on pending action. However, the appeal court did not remand the case back, instead, they ruled a sua sponte dismissal for failure of state a claim.
Does the appeal court possess authority to order sua sponte dismissal?
The original dismissal was not for failure to state a claim.
Thanks.