Opinion · Court of Appeals for the Fifth Circuit
A.C. Ross, District Director of Internal Revenue for the District of Georgia v. Harry T. Evans
325 F.2d 160
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1963-11-18
- Topic
- bankruptcy
How later courts describe this case
- temporary restraining order extended by consent of parties and therefore not appealable as preliminary injunction
Citator
UpLaw has not yet analyzed A.C. Ross, District Director of Internal Revenue for the District of Georgia v. Harry T. Evans. The absence of a flag is not a finding that it is good law.
- Cited by
- 12 opinions
ROSS v. EVANS,325 F.2d 160(5th Cir. 1963)
A.C. ROSS, District Director of Internal Revenue for the District of
Georgia, Appellant, v. Harry T. EVANS, Appellee.
No. 20538.
United States Court of Appeals, Fifth Circuit.
November 18, 1963.
John W. Rogers, Atlanta, Ga., for appellee.
Before TUTTLE, Chief Judge, and JONES and BELL, Circuit Judges.
The District Director has appealed from the order denying the motion to dismiss. An order denying a motion to dismiss is interlocutory and not appealable. Connell v. Dulien Steel Products, Inc., 5th Cir. 1957,240 F.2d 414. The temporary restraining order was extended by consent. See Rule65, Fed. Rules Civ.Proc. Where, as here, the temporary restraining order has been entered by consent until the further order of the court, and no application has been made to dissolve the restraining order, and no orders have been made with respect to the restraining order except to continue it in force, it will not have lost its character as a nonappealable temporaryPage 161restraining order and become converted into an appealable preliminary injunction.28 U.S.C.A. § 1292.
It appearing that there is no appealable order, no jurisdiction is present and, without reaching the merits, the appeal will be
Dismissed.Page 162