Daniel Rhodes v. Tibor Prince ( 2010 )

Case: 09-10779 Document: 00511117981 Page: 1 Date Filed: 05/20/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
2