Scionti v. First Trust Corp

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-20408
Summary Calendar
Joseph Scionti, et al.
Plaintiffs-Appellees,
versus
Mark S. Dornfried, pro se
Defendant-Appellant.
Appeal from the United States District Court
For the Southern District of Texas
(H-95-CV-5493)
February 11, 1998
Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM:*
Dornfried appeals the district court’s order denying his
motion to dissolve injunction. This court has jurisdiction under
28 U.S.C. § 1292(a)(1). We review the district court’s ruling for
abuse of discretion. Elgin Nat. Watch Co. v. Barrett, 213 F.2d
776, 780 (5th Cir. 1954). The district court properly denied
Dornfried’s request for dissolution of the preliminary injunction
since he failed to present any change in the operative facts or
*
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this opinion should not be published and is not precedent except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.
relevant decisional or statutory law warranting such relief. See
Ruiz v. Lynaugh, 811 F.2d 856, 860 n.7 (5th Cir. 1987); see also
Black Ass’n of New Orleans Fire Fighters v. New Orleans, 853 F.2d
347, 354 (5th Cir. 1988). Dornfried also attacks the preliminary
injunction on its merits. We do not have jurisdiction to entertain
these arguments since Dornfried did not timely appeal the district
court’s order issuing the preliminary injunction. Elgin Nat. Watch
Co., 213 F.2d at 780; Black Ass’n of New Orleans Fire Fighters, 853
F.2d at 354. The judgment of the district court is AFFIRMED.
2