Albert Lujan D/B/A Texas Wholesale Flower Co. v. Navistar, Inc., Navistar International Corporation, Navistar International Transportation Corp., International Truck and Engine Corporation and Santex Truck Centers, Ltd.

Sharon.McCally, Justice,

dissenting..

I

Summary of the Dissent

The trial court granted Navistar’s motion for - partial summary judgment on standing, holding that after June 2006 Lu-jan no longer owned the trucks he was *440suing over. But Lujan swore in an affidavit that he did not transfer his ownership.1 It is undisputed that Lujan’s affidavit would have defeated Navistar’s motion for summary judgment on standing. However, the trial court disregarded Lujan’s ownership affidavit as a sham affidavit.2

The Majority affirms the striking of the affidavit and the resulting summary judgment not only by…