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Could appeal court be able to authorize sua sponte dismissal?

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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.
 


tranquility

Senior Member
I'm going to guess, yes. I mean really. You're asking people on the internet if an appeal court has the ability to do something? The only people who know if an appeal court has screwed up is the supreme court.
 

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