KAREN NELSON MOORE, Circuit Judge. When this interlocutory appeal was initially briefed, the issue presented was whether the district court abused its discretion in granting a preliminary injunction under the Freedom of Access to Clinic Entrances Act (FACE Act), 18 U.S.C. § 248. By the time we heard oral argument, however, that merits issue had been overtaken by a dispute over whether intervening events that occurred after the parties filed their merits briefs warranted modifying or dissolving the district court’s preliminary injunction. Because that dispute raises new factual and legal issues that the district court is best positioned to resolve in the first instance, we DISMISS the appeal and REMAND for further proceedings. We separately DENY appellants’ motion for attorney fees, expenses, and costs.