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To: Bill who wrote (715511)5/20/2020 1:31:15 PM
From: D. Long  Read Replies (1) | Respond to of 794206
 
The appellate court can't dismiss it, but it can hold that no further proceedings are appropriate below and send it back to Sullivan with nothing further to do but dismiss the case.



To: Bill who wrote (715511)5/20/2020 1:49:38 PM
From: Alan Smithee  Respond to of 794206
 
The appellate court should just dismiss the case itself.

They don't do it that way.

The appellate court issues a decision and then sends the case back to the district court with a mandate. In this case, the mandate should be to dismiss the case and hold no further proceedings.


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