Americana Motel, Inc. v. Johnson

The only point before us is whether an issue of fact has been raised so as to preclude summary judgment. The evidence before the trial judge at the summary judgment hearing consisted of the sworn pleadings of each party, an affidavit by the manager of the Americana Motel in support of its motion, and the Motel’s answers to interrogatories and request for admissions. The court of civil appeals reversed the summary judgment for the Motel, and remanded for trial. 604 S.W.2d 293.

Sworn pleadings are not summary judgment evidence in Texas, Hidalgo v. Surety Savings and Loan Association, 462 S.W.2d…