law-sj-affidavits | affidavits | conclusory affidavit | personal knowledge requirement | business records affidavit
SJ AFFIDAVITS CASELAW
Hearsay, when not objected to, is relevant evidence that can be considered on appeal. Tex. R. Evid. 802.
Because the objections to hearsay and speculation are objections to form, the Williamses waived them by
failing to present the objection to the trial court. See Tex. R. Evid. 802; Pico v. Capriccio Italian Rest., Inc., 209
S.W.3d 902, 909 (Tex. App.--Houston [14th Dist.] 2006, no pet.).
An objection that an affidavit is conclusory can be raised for the first time on appeal, as it goes to a
substantive defect. See Pico, 209 S.W.3d at 909. A conclusory statement in an affidavit is insufficient to raise
an issue of fact in response to a motion for summary judgment. Ryland Group, Inc. v. Hood, 924 S.W.2d 120,
122 (Tex. 1996). A conclusory statement is one that does not provide the underlying facts to support the
conclusion. Winchek v. Amer. Express Travel Related Servs. Co., 232 S.W.3d 197, 206 (Tex. App.--Houston
[1st Dist.] 2007, no pet.).
XTO Energy Inc. v. Smith Production, Inc. (Tex.App. - Houston [14th Dist.] Feb. 24, 2009)(Frost)
(contract interpretation, expert witness affidavit struck)
AFFIRMED: Opinion by Justice Frost
Before Justices Frost, Seymore and Guzman
14-07-00069-CV XTO Energy Inc. v. Smith Production Inc.
Appeal from 281st District Court of Harris County
Trial Court Judge: David J. Bernal
Dissenting Opinion by Justice Guzman (Tex.App. - Houston [14th Dist.] Feb. 24, 2009)(contract
construction)
Cantu v. Transocean Enterprises Inc. (Tex.App.- Houston [14th Dist.] Jul. 17, 2007)(Anderson)(summary
judgment affidavit stricken)
AFFIRMED: Opinion by Justice Anderson
Before Justices Brock Yates, Anderson and Hudson
14-05-01178-CV Richard Cantu v. Transocean Enterprises Inc. d/b/a Todco Management Service, Inc. and
Transocean Development Co. and Transocean, Sedco, Forex
Appeal from 189th District Court of Harris County (Judge William R. Burke JR)
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