After many years of litigation, the parties reached a settlement agreement, reserving for the matrimonial court's consideration a single issue about a bank account; the wife claimed the account was a marital asset and the husband claimed it consisted of investor funds. After a plenary hearing, the judge found the Investment Advisers Act deprived the court of subject matter jurisdiction, 15 U.S.C. § 80b-14a. An order was entered denying the wife's claim "without prejudice." Her reconsideration motion filed three months later was denied as untimely.
Soon after the wife appealed, the court entered an order that limited the appeal to a review of the order denying reconsideration. Later, however, the court allowed the parties to brief all issues, including the merits of the order denying the claim on jurisdictional grounds and whether the merits panel was barred from reconsidering the earlier motion order by the law of the case doctrine.
The court held that the order denying the wife's claim to the account "without prejudice" caused sufficient uncertainty about its finality that the interests of justice permitted the court's consideration of the jurisdictional ruling. The court also held that 15 U.S.C. § 80b-14a grants state courts concurrent jurisdiction, so the case was remanded for a disposition of the wife's claim to the account on its merits.