Filed: Jan. 11, 2002
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-40323 Summary Calendar ROBERT W. HURT, Plaintiff-Appellant, versus SPECIAL INSURANCE SERVICES, INC., Defendant-Appellee. - Appeals from the United States District Court for the Southern District of Texas USDC No. C-00-CV-372 - January 10, 2002 Before DeMOSS, PARKER and DENNIS, Circuit Judges. PER CURIAM:* Robert W. Hurt appeals the district court’s summary-judgment dismissal of his lawsuit seeking disability and medical benefits
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-40323 Summary Calendar ROBERT W. HURT, Plaintiff-Appellant, versus SPECIAL INSURANCE SERVICES, INC., Defendant-Appellee. - Appeals from the United States District Court for the Southern District of Texas USDC No. C-00-CV-372 - January 10, 2002 Before DeMOSS, PARKER and DENNIS, Circuit Judges. PER CURIAM:* Robert W. Hurt appeals the district court’s summary-judgment dismissal of his lawsuit seeking disability and medical benefits u..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40323
Summary Calendar
ROBERT W. HURT,
Plaintiff-Appellant,
versus
SPECIAL INSURANCE SERVICES, INC.,
Defendant-Appellee.
--------------------
Appeals from the United States District Court
for the Southern District of Texas
USDC No. C-00-CV-372
--------------------
January 10, 2002
Before DeMOSS, PARKER and DENNIS, Circuit Judges.
PER CURIAM:*
Robert W. Hurt appeals the district court’s summary-judgment
dismissal of his lawsuit seeking disability and medical benefits
under an occupational-accident insurance policy his employer,
Winter Maintenance & Landscaping, Inc. (“Winter Maintenance”),
held with Special Insurance Services, Inc. (“SIS”). Although he
does not specifically challenge the district court’s reasons for
granting summary judgment dismissing his claims, he does so
indirectly by renewing his claim that SIS wrongfully denied him
benefits. The claims were properly dismissed for the reasons
*
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that this opinion should not be published and is not precedent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.
No. 01-40323
-2-
explained by the district court, and its judgment is AFFIRMED.
See Little v. Liquid Air Corp.,
37 F.3d 1069, 1075 (5th Cir.
1994)(en banc); Newell v. Oxford Mgmt., Inc.,
912 F.2d 793, 795
(5th Cir. 1990).
Hurt argues that the district court’s dismissal was
premature because he has new evidence in support of his claims.
He refers to this new evidence in his brief, and he has filed a
motion to supplement the record with new evidence. The argument
will not be considered, and the motion to supplement is DENIED
because this court will not review evidence not first submitted
to the district court. Theriot v. Parish of Jefferson,
185 F.3d
477, 491 n.26 (5th Cir. 1999), cert. denied,
529 U.S. 1129
(2000).
Hurt also argues that the district court erred in failing to
grant him a continuance prior to dismissing his claims. He
contends that he was unable to prepare adequately to respond to
SIS’s summary-judgment motion due to his medical condition. The
argument fails because Hurt never requested that the district
court grant him a continuance to respond to SIS’s motion based on
his medical condition.
The majority of Hurt’s appellate brief is devoted to the
argument that he has been the victim of fraud, concealment,
negligence, and perjury by Winter Maintenance, SIS, and SIS’s
attorneys. He has filed a motion for expedited oral argument
renewing his claims of malfeasance, as well as a motion for
sanctions. Both motions are DENIED because Hurt’s claims are
irrelevant and conclusional. Hurt’s “expedited motion” seeking
No. 01-40323
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to have this court order SIS to extend him medical coverage for
new operations is similarly DENIED.
JUDGMENT AFFIRMED; MOTIONS DENIED.