Elawyers Elawyers
Washington| Change

SEC v. Resource Devel Intl, 02-11212 (2003)

Court: Court of Appeals for the Fifth Circuit Number: 02-11212 Visitors: 15
Filed: Jul. 16, 2003
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D July 15, 2003 UNITED STATES COURT OF APPEALS Charles R. Fulbruge III FOR THE FIFTH CIRCUIT Clerk _ No. 02-11212 SUMMARY CALENDAR _ SECURITIES AND EXCHANGE COMMISSION Plaintiff - Appellee v. RESOURCE DEVELOPMENT INTERNATIONAL LLC; ET AL Defendants DAVID EDWARDS; JAMES EDWARDS; KEVIN LYNDS; EDWARD MORRIS HARRIS, President, Jade Asset Management, Ltd Defendants - Appellants _ On Appeal from the United States District Court for the Northern Dist
More
                                                                                United States Court of Appeals
                                                                                         Fifth Circuit
                                                                                       F I L E D
                                                                                        July 15, 2003
                           UNITED STATES COURT OF APPEALS
                                                                                   Charles R. Fulbruge III
                                    FOR THE FIFTH CIRCUIT                                  Clerk
                                  _________________________

                                         No. 02-11212
                                    SUMMARY CALENDAR
                                  _________________________

SECURITIES AND EXCHANGE COMMISSION

                       Plaintiff - Appellee

   v.

RESOURCE DEVELOPMENT INTERNATIONAL LLC; ET AL

                       Defendants

DAVID EDWARDS; JAMES EDWARDS; KEVIN LYNDS; EDWARD
MORRIS HARRIS, President, Jade Asset Management, Ltd

                       Defendants - Appellants

______________________________________________________________________________

                 On Appeal from the United States District Court for the
                      Northern District of Texas, Dallas Division
                                  (3:02-CV-605-R)
______________________________________________________________________________

Before REYNALDO G. GARZA, DAVIS, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:1

        This is an appeal from the denial of a FED. R. CIV. P. 60(b)(4) motion and a civil



        1
        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.

                                                 -1-
contempt order in an SEC enforcement action. The contempt order was civil in nature and thus

not immediately subject to review on appeal. FDIC v. LeGrand, 
43 F.3d 163
, 168 (5th Cir. 1995);

Lamar Fin. Corp. v. Adams, 
918 F.2d 564
, 566 (5th Cir. 1990). The denial of the FED. R. CIV. P.

60(b)(4) motion was not a final judgment, and the appellants have failed to show that the

judgement falls under the collateral-order doctrine. Southern Travel Club v. Carnival Air Lines,

Inc., 
986 F.2d 125
, 129-30 (5th Cir. 1993); Cohen v. Beneficial Indus. Loan Corp., 
337 U.S. 541
, 545 (1949). We lack jurisdiction over this appeal, and it is therefore dismissed.

       APPEAL DISMISSED.




                                                -2-

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer