What is the test for appeal against an order dismissing a complaint with leave to amend?
MultiRegion, United States of America
The following excerpt is from Entretelas Americanas S.A. v. Soler, 20-1125-cv (2nd Cir. 2020):
"Normally, an order dismissing a complaint with leave to amend is interlocutory and not appealable at that time." DiVittorio v. Equidyne Extractive Indus., Inc., 822 F.2d 1242, 1246 (2d Cir. 1987). An appellant, however, can render such a non-final order "final" and appealable by disclaiming any intent to amend. Slayton v. Am.
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