Legal Opinion · Dissent

Greenway v. Greenway

Court of Appeals of Texas

Decided April 18, 1985No. C14-84-602-CVPublished

1DissentSears, Justice

I respectfully dissent from the majority opinion.

The evidence offered by Appellant in opposition to Appellee’s Motion for Summary Judgment consists of affidavits of Appellant and her son and depositions of Appellant and Appellee.

Appellant’s affidavits do not comply with Tex.R.Civ.P. 166-A(e) which requires that “[Ojpposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affi-ant is competent to testify to the matters stated therein.” Appellant’s affidavits do not show that they were made on…

2Cases cited11 opinions

  1. Hidalgo v. Surety Savings and Loan AssociationTexas Supreme Court · 1971
  2. " MOORE" BURGER, INC. v. Phillips Petroleum CompanyTexas Supreme Court · 1972
  3. Manges v. Astra Bar, Inc.Court of Appeals of Texas · 1980
  4. Jackson T. Fulgham Co. v. Stewart Title Guaranty Co., Texas Court of Appeals, 5th District (Dallas)1983
  5. Inwood Forest Community Improvement Ass'n v. R. J. S. Development Co.Court of Appeals of Texas · 1982

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