Civil Practice - Appeals – Interlocutory – Amended Complaint

Deborah Elkins//October 24, 2017//

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Fawzy v. Wauquiez Boats SNC (Lawyers Weekly No. 001-183-17, 10 pp.) (Paul Niemeyer, J.) No. 16-2311; Oct. 12, 2017; USDC at Baltimore, MD (Richard Bennett, J.) 4th Cir.

Holding: Roughly an hour before the district court entered its order granting defendant’s motion to dismiss for lack of admiralty jurisdiction, plaintiff filed an amended complaint – adding claims, alleging new facts, and increasing his damages demand – as a matter of right under Fed. R. Civ. P. 15. Because plaintiff’s amended complaint supersedes his original one, it renders the original complaint moot; therefore, the district court’s dismissal of the original, now mooted, complaint was an interlocutory order over which we lack appellate jurisdiction.