Circuit courts do not have jurisdiction under the direct appeals statute to reform unflattering dicta in the opinion below.
Where diversity jurisdiction is pleaded but conceded during the proceedings to be a fiction, the court has the prudential right to invoke judicial estoppel against an attempt to shift the basis for jurisdiction to diversity of parties.
Where pendent state law claims raise sensitive and undeveloped questions of state law, the court does not abuse its discretion in declining to exercise supplementary jurisdiction and dismissing the pendent claims without prejudice.
Initial motion to dismiss did not ripen into grounds for the judgment, and is therefore unreviewable.
http://media.ca1.uscourts.gov/pdf.opinions/17-1593P-01A.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.