Can a litigant refuse to proceed whenever a judge ruled against him, wait for the court to enter a dismissal for failure to prosecute, and then obtain review of the judge's decision?

"If a litigant could refuse to proceed whenever a trial judge ruled against him, wait for the court to enter a dismissal for failure to prosecute, and then obtain review of the judge's interlocutory decision, the policy against piecemeal litigation and review would be severely weakened. This procedural technique would in effect provide a means to avoid the finality rule embodied in 28 U.S.C.A. 1291. To review the district court's refusal . . . under the facts of this case is to invite the inundation of appellate dockets with requests for review of interlocutory orders and to undermine the ability of trial judges to achieve the orderly and expeditious disposition of cases."

566 F.2d at 445-46 (quoting Marshall v. Sielaff, 492 F.2d 917, 919 (3d Cir. 1974)). ⁵

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