Levy v. SECURITIES & EXCHANGE COMMISSION

Decision Date14 March 1969
Docket NumberNo. 26298.,26298.
PartiesEthel Stone LEVY, Appellant, v. SECURITIES & EXCHANGE COMMISSION et al., Appellees.
CourtU.S. Court of Appeals — Fifth Circuit

Ethel Stone Levy, pro se.

William A. Meadows, U. S. Atty., Alfred E. Sapp, Asst. U. S. Atty., Earl Faircloth, Atty. Gen. of Florida, Miami, Fla., for appellees.

Before TUTTLE and AINSWORTH, Circuit Judges, and MITCHELL, District Judge.

TUTTLE, Circuit Judge:

The appellant, pro se, has filed an appeal from an order of the trial court revoking an earlier order of dismissal for failure to allege a state of facts on which relief could be granted, and allowing appellant the right to file an amendment within 60 days, through an attorney only, and not pro se.

Two things stand out in the effort made here by Mrs. Levy. The first is that she is suffering under a strong conviction that she has been badly treated by certain stock brokers or dealers whose manipulations, she claims, have deprived her of her money and destroyed her peace of mind as well. The second is that she is equally convinced that agencies of the United States and/or the State of Florida have done her actionable wrong in not protecting her interests.

The trial court, after initially dismissing Mrs. Levy's complaint sua sponte, and without a hearing, later, on March 5, 1968, entered the subsequent order from which she seeks to appeal:

"(a) The plaintiff, Ethel Stone Levy, shall have sixty days from the date hereof in which to file an amended complaint. Such pleading shall be filed through counsel and not in her own proper person.
"(b) The plaintiff shall without delay make an appointment with Mr. Bruce Rogow of the Office of Economic Opportunity, 395 N.W. First Street, Miami, Florida, and confer with him at a mutually convenient time taking with her all of the documentary evidence bearing on her claim.
"(c) The plaintiff shall not again personally contact this Court with respect to her claim but may do so through counsel under the rules of Court."

At plaintiff's request, and because her claim was not one which the Economic Opportunity Legal Services Program was able to undertake, Bruce Rogow was permitted to withdraw as counsel of record. She asserts that she is unable to obtain counsel to handle her case, and, on May 28, 1968, obtained leave to file this appeal in forma pauperis.

Although we find it difficult to ascertain what claim Mrs. Levy might be able to allege by amendmen...

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4 cases
  • Wingerter v. Chester Quarry Co.
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • September 11, 1998
    ...is plainly not a final decision because it allows the litigation to continue") (citations omitted); Levy v. Securities & Exchange Comm'n, 405 F.2d 484, 486 (5th Cir. 1968) (same); La Capria v. Compagnie Maritime Belge, 373 F.2d 579, 581 (2d Cir. 1967) ("No discussion is required to show tha......
  • Walker v. Option One Mortg. Corp.
    • United States
    • West Virginia Supreme Court
    • June 7, 2007
    ...Police, 441 F.3d 197, 206 (4th Cir.2006) (ruling on motion to amend pleading interlocutory and nonappealable); Levy v. Securities & Exch. Comm'n, 405 F.2d 484, 486 (5th Cir.1968) (same); Walker v. City of Pine Bluff, 414 F.3d 989, 993 (8th Cir.2005) (same); Broyhill Furniture Indus., Inc. v......
  • Wallace v. County of Comal
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • February 14, 2005
    ...Ordinarily, an order granting leave to amend "is not an appealable order, since no final judgment has been entered." Levy v. SEC, 405 F.2d 484, 486 (5th Cir.1968). However, "[i]n the interest of judicial economy, this court may exercise its discretion to consider pendant appellate jurisdict......
  • Horttor v. Livingston
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • July 5, 2018
    ...possible. The order directing Horttor to a file an amended complaint is not an immediately appealable order. See Levy v. Sec. & Exch. Comm'n, 405 F.2d 484, 486 (5th Cir. 1968); see also Reedom v. Mosley, No. 94-11097, 51 F.3d 1041, 1995 WL 152857, at *1 (5th Cir. 1995) (unpublished); 5TH CI......

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