Opinion
No. 00-15985.
Filed November 27, 2000.
On Appeal from the United States District Court for the Middle District of Florida. D.C. Docket No. 00-01510-CV-ORL.
Before ANDERSON, Chief Judge, TJOFLAT, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.
BY THE COURT:
All pending motions to supplement the record on appeal with items which were not presented to the district court are DENIED. While we have the power to thus supplement the record, it is a power rarely exercised.Cabalceta v. Standard Fruit Co., 883 F.2d 1553, 1555 (11th Cir. 1989) The motion for permanent injunction remains pending in the district court. That court has been and is available for further factual development.See Ex parte National Enameling Stamping Co., 201 U.S. 156, 162, 26 S.Ct. 404, 406 (1906) (stating that during the appeal of an interlocutory order, the case may proceed in the lower court as though no appeal had been taken unless otherwise ordered); Kaimowitz v. Orlando, 122 F.3d 41, 43 (11th Cir. 1997) (acknowledging that the scope of the appellate court's jurisdiction is limited to matters directly related to the denial of injunctive relief); Janousek v. Doyle, 313 F.2d 916, 920 (8th Cir. 1963) (explaining that, during the pendency of an appeal from a district court order denying a motion for a preliminary injunction, the district court is not divested of jurisdiction to proceed with matters not involved in the appeal). That court, not this appellate court, is the appropriate forum for resolution of disputed factual issues. This order is without prejudice to either party filing appropriate motions requesting that this court take judicial notice of appropriate facts or documents, or that this court accept certain factual stipulations agreed upon by the parties.
Otherwise, the case will be submitted on the record presented to the district court. References to facts in briefs filed subsequent to this order should indicate that the fact was presented to the district court with appropriate citation.