ESTIVERNE v. JPMORGAN, 303 Fed.Appx. 224 (5th Cir. 2008)
Nicolas ESTIVERNE, Plaintiff-Appellant, v. JPMORGAN CHASE BANK, N.A.;Union Security Life Insurance Co.; ABC Insurance Company,Defendants-Appellees.
No. 08-20146 Summary Calendar.United States Court of Appeals, Fifth Circuit.
December 18, 2008.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
Jennifer Lynn Davis, McGlinchey Stafford, Houston, TX for Defendants-Appellee.
Appeal from the United States District Court for the Southern District of Texas, USDC No. 4:07-cv-00378.
Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.
PER CURIAM:[fn*]
[fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Plaintiff-Appellant Nicolas Estiverne appeals the district court's summary judgment in favor of Defendants-Appellee JPMorgan Chase Bank, N.A. The only issue he identifies for our review is whether "the Trial Court erred in granting the Motion for Summary Judgment without allowing the documents that were to be introduced at the Trial to be filed." Estiverne's argument on this point is without merit — neither MatsushitaElectric Industrial Co., Ltd. v. Zenith Radio Corp.,475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986), which Estiverne cites, nor any other authority required the district court to permit him to file his trial exhibits before the court granted summary judgment. Liberally construed, Estiverne's brief also raises the question whether summary judgment was proper on the evidence before the district court. See Price v. DigitalEquip. Corp., 846 F.2d 1026, 1028 (5th Cir. 1988) (noting that we "liberally construe the briefs of pro se appellants"). We review this question de novo. Bolton v. City ofDallas, 472 F.3d 261, 263 (5th Cir. 2006). For essentially the reasons set forth in the district court's summary judgment order, we hold that "there is no genuine issue as to any material fact" andPage 225
JPMorgan Chase is "entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). We therefore AFFIRM the district court's judgment.