Mansions in the Forest, L.P. v. Montgomery County

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 166a, and that such a defect could be raised for the first time on appeal. 365 S.W.3d 356, 358 (Tex.App.-Beaumont 2010). We disagree. We hold that…