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Kaddis v. County of Ventura
Citation: 234 F. App'x 696Docket: No. 05-56649
Court: Court of Appeals for the Ninth Circuit; June 19, 2007; Federal Appellate Court
William Kaddis appeals the district court's order that dismissed several causes of action but allowed for amendments to four RICO claims and stayed state law claims. The appeal is dismissed due to lack of jurisdiction, as the September 23, 2005 order was non-final and nonappealable according to WMX Technologies, Inc. v. Miller. The key issue is whether Kaddis's October 24, 2005 notice of appeal relates to the district court's final order from July 10, 2006. The court concludes it does not relate forward because the September 23 order could not form the basis for a final judgment without further action from the district court to dismiss the stayed claims. Kaddis's efforts to amend his complaint after the September order complicated the appeal process, as these amendments required resolution of unresolved issues. His attorney informed him that a final order had not been entered, and Kaddis attempted to extend the time to amend and seek other relief in the district court, acknowledging that not all claims were disposed of. Consequently, the court declines to accept that Kaddis was misled into believing his notice of appeal was from a final order. The appeal is dismissed, and the decision is not intended for publication or as precedent, except as specified by the Ninth Circuit Rule 36-3.