Daniel Rhodes v. Tibor Prince, No. 09-10779 (5th Cir. 2010)

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 2

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