Summary
In Du Vall, the extrajurisdictional orders were filed after the plaintiff filed his notice of appeal and thus presents circumstances distinguishable from the Teisinas' appeal. Du Vall, 278 F. App'x at 400.
Summary of this case from Lambert v. WAHAOpinion
No. 07-51405 Summary Calendar.
May 16, 2008.
David D. Du Vail, Austin, TX, pro se.
Shannon Brown Schmoyer, Christine Elaine Reinhard, Schmoyer Reinhard, San Antonio, TX, for Defendant-Appellee Lowes Companies Inc., a Corporation.
Appeal from the United States District Court for the Western District of Texas, USDC No. 1:07-CV-690.
Before JOLLY, DENNIS, and PRADO, Circuit Judges.
For the reasons stated in the district court's order, we affirm the judgment that it lacked personal jurisdiction over Lowe's Companies, Inc. With respect to the argument that the district court should have granted Plaintiff an opportunity for discovery on the issue of personal jurisdiction, we deem that argument waived because Plaintiff never requested any such relief before the district court. See Tex. Commercial Energy v. TXU Energy, Inc., 413 F.3d 503, 510 (5th Cir. 2005) (recognizing that arguments not raised before the district court are waived on appeal). Finally, with respect to the district court's orders dismissing the remaining defendants, we do not have appellate jurisdiction to review those orders because they were not included in the notice of appeal and, indeed, were issued after Plaintiff filed the instant notice of appeal. See Pope v. MCI Telecomm. Corp., 937 F.2d 258, 266 (5th Cir. 1991).
AFFIRMED.