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Request for Dismissal with Prejudice Is Final Resolution
Description After suit was moved from state to federal court, plaintiff requested dismissal with prejudice, which was granted. Plaintiff then appealed dismissal. Appeals court held it had no jurisdiction to hear an appeal of such a dismissal as there was no longer a case or controversy.
Topic Court Procedure
Key Words Jurisdiction; Dismissal with Prejudice
C A S E   S U M M A R Y
Facts Druhan bought life insurance from AMLIC. She contended that she was fraudulently induced to buy the policy and sued. AMLIC responded that, since the policy was bought through her employer, that her state law claims were preempted by ERISA, so AMLIC moved the case to federal court. Druhan moved that the court dismiss her case with prejudice, stating that she had no claims under ERISA. District court dismissed her suit with prejudice. Druhan appealed the dismissal.
Decision Appeal dismissed. "It is clear that we have no jurisdiction to review the final judgment in this case, because there is no case or controversy." Since plaintiff requested dismissal with prejudice, and defendant was pleased with that result, there is no longer an adversarial relationship that may be appealed. Plaintiff has no further remedy; there may be no appeal.
Citation Druhan v. American Mutual Life, - F.3d - (1999 WL 61391, 11th Cir.)

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