Decor Dimensionals, Inc. v. Smith

BATEMAN, Justice.

Appellee Kenneth C. Smith recovered a summary judgment against appellant Decor Dimensionals, Inc. on a promissory note. We reverse.

Appellant’s first point of error on appeal attacks the summary judgment on the ground that appellee failed to produce either the original or a sworn or certified copy of the note showing that Smith was the owner or holder. We sustain this point on the authority of Hidalgo v. Surety Savings & Loan Ass’n, 462 S.W.2d 540 (Tex.Sup.1971); Perkins v. Crittenden, 462 S.W.2d 565 (Tex.Sup.1970); Estes v. Bank of Commerce, 478 S.W.2d 558 (Tex.Civ.App.,…