MANSIONS IN FOREST v. MONTGOMERY COUNTY

No. 10-0969.

365 S.W.3d 314 (2012)

The MANSIONS IN THE FOREST, L.P., and the Estates-Woodland, L.P., Petitioners, v. MONTGOMERY COUNTY, Texas, Respondent.

Supreme Court of Texas.

April 20, 2012.


Attorney(s) appearing for the Case

H. Ronald Welsh , Michael Wayne Twomey , Leif Alexander Olson , Welsh & Chapoton LLP, Houston, for Petitioner.

J. Mark Breeding , Paul S. Radich , Andrews Kurth LLP, Houston, David K. Walker , Montgomery County, Conroe, for Respondent.


PER CURIAM.

In this case, we consider whether the lack of a jurat—a clause stating that a writing was sworn to before an authorized officer—in an affidavit opposing a motion for summary judgment is a defect that must have been objected to before the trial court ruled on the motion in order to preserve error. The court of appeals held that omission of a jurat was a substantive defect under both the Texas Government Code and Texas Rule of Civil Procedure...

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