within the meaning of Rule 15(a), a complaint may be amended once as a matter of right even after a motion to dismiss has been granted. 222 East Chestnut Street Corp. v. Lakefront Realty Corp., 256 F.2d 513, 515 (7th Cir.), cert. denied, 358 U.S. 907, 79 S.Ct. 232, 3 L.Ed.2d 228 (1958). The Second Circuit has concluded that the right to amend terminates upon the grant of a motion to dismiss. Swan v. Board of Higher Education of the City of New York, 319 F.2d 56, 60-61 (2d Cir.1963). This Court has also held that the right to amend under Fed.R.Civ.P. 15(a) terminates upon dismissal. Dorn v. State Bank of Stella, 767 F.2d 442, 443 (8th Cir.1985). While this holding may not preclude us from disagreeing with the Second Circuit on the present question, see Czeremcha, 724 F.2d at 1554-1556 (<HOLDING>), it provides further support for our decision
holding that dismissal with leave to amend is not a final order holding that dismissal with leave to amend should be granted even if no request to amend was made holding that dismissal of a complaint for insufficient jurisdictional allegations should be without prejudice to amend holding that dismissal of a claim after the plaintiff made a good faith but unsuccessful effort to comply with an order to amend was inappropriate holding that dismissal terminates the right to amend but adopting an intermediate approach to finality