SEC v. Resource Devel Intl

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 P. 60(b)(4) motion and a civil 1 Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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-