Segui ex rel. Ortiz v. O'Rourke
U.S. Court of Appeals for the Ninth Circuit
Segui ex rel. Ortiz v. O'Rourke, 328 F.2d 965 (9th Cir. 1964)
Segui ex rel. Ortiz v. O'Rourke
Opinion of the Court
The record discloses no responsive pleading had been filed when this action was dismissed. Rule 15(a), Federal Rules of Civil Procedure is applicable. Cf. Breier v. Northern California Bowling Proprietors Ass’n, 9 Cir. 1963, 316 F.2d 787.
The judgment of dismissal is reversed, and the action remanded with leave to plaintiffs to amend, if they so desire.
Reference
- Full Case Name
- Maria Teresa Cruz SEGUI, as next friend on behalf of Digna Luz Ortiz, an infant, and Hector Luis Ortiz, an infant v. Ruth Snow Burns O'ROURKE and John P. O'Rourke
- Cited By
- 1 case
- Status
- Published