Texas Supreme Court

The Mansions in the Forest, L.p., and the Estates-Woodland, L.p., Petitioners v. Montgomery County, Texas, Respondent

April 20, 201255 Tex. Sup. Ct. J. 624

Summary

The Texas Supreme Court reversed the Court of Appeals, holding that neither the Texas Government Code nor Rule 166a(f) requires an affidavit to contain a jurat, but without evidence the affidavit was sworn it is not an affidavit; the County’s failure to object at trial waived the issue, so the error was not preserved for appeal.