Daniel Rhodes v. Tibor Prince
Filing
920100520
<![CDATA[
Case: 09-10779
Document: 00511117981
Page: 1
Date Filed: 05/20/2010
IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
May 20, 2010 No. 09-10779 Lyle W. Cayce Clerk
DANIEL F RHODES, Plaintiff - Appellee v. CITY OF ARLINGTON, Defendant - Appellant
Appeal from the United States District Court for the Northern District of Texas USDC No. 3:05-CV-2343
Before REAVLEY, WIENER,* and SOUTHWICK, Circuit Judges. PER CURIAM:** This appeal is dismissed for want of jurisdiction. Because there is a fact dispute about negligence or intent, if any, to be proven, there is no collateral order that warrants interlocutory jurisdiction. See Cantu v. Rocha, 77 F.3d 795 (5th Cir. 1996). Furthermore, the fingerprint cards are tangible property, leaving no legal issue presented in view of the order appealed, where the court denied judgment because there is a fact issue whether
*
Judge Wiener concurs in the result.
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4.
**
Case: 09-10779
Document: 00511117981
Page: 2
Date Filed: 05/20/2010
No. 09-10779 negligent use of the fingerprint card caused Rhodes's injury. See Kinney v. Weaver, 367 F.3d 337, 348 (5th Cir. 2004). APPEAL DISMISSED.
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