UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 96-20370
Summary Calendar
HECTOR ALVIAR
Plaintiff-Appellant,
VERSUS
WAL-MART STORES, INC.
Defendant-Appellee.
Appeal from the United States District Court
For the Southern District of Texas
(CA-H-95-4317)
March 21, 1997
Before SMITH, DUHÉ and BARKSDALE, Circuit Judges.
PER CURIAM:1
Plaintiff-Appellant sued Wal-Mart for damages to his vehicle
allegedly resulting from service performed on the vehicle by Wal-
Mart. Following several conferences and hearings, the district
court granted Wal-Mart’s Motion For Summary Judgment and sanctioned
Appellant and Appellant’s counsel. Plaintiff appeals. We affirm.
1
Pursuant to Local Rule 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opinion should not be published and is not precedent except under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 Local Rule 47.5.4.
Following several conferences and hearings, the district court
found, based upon expert evidence which is not contradicted, that
an invoice submitted by Plaintiff in support of his claim and in
opposition to Defendant’s motion, had been materially altered. The
evidence fully supports this finding.
Thereafter, the district court struck the invoice and the
Plaintiff’s pleadings, granted Defendant’s Motion For Summary
Judgment, and sanctioned Plaintiff and his counsel. We need not
determine if it was an abuse of discretion for the court to strike
the pleadings, for it was clearly not an abuse of discretion not to
consider the altered invoice. Without the invoice there was no
evidence to create an issue of material fact and the grant of
summary judgment was proper.
Likewise, there was no abuse of discretion in sanctioning the
Defendant $7,500 in attorneys fees and $150 in costs for submitting
altered evidence. While it is true that there was no evidence
offered as to the amount of fees and costs incurred by the
Defendant, the record, which we have carefully examined, makes it
clear that the probable fees and costs were well in excess of the
amount assessed. The amount is a reasonable sanction for the grave
wrong committed. Parties who play fast and loose with the judicial
system must know that there are serious consequences for so doing.
AFFIRMED.
2