The Olivers= original answer contains the following recitation: COMES NOW, FLOYD OLIVER and LAYTON OLIVER, Defendants in the above-entitled and numbered cause, and files this their verified Original Answer and would show the Court: Defendants deny each and every, all and singular, the allegations of Plaintiff=s Original Petition and demand strict proof thereof as required by the Texas Rules of Civil Procedure. Tex.R.Civ.P. 6 Pledger v. Schoellkopf :: 1988 :: Supreme Court of Texas Decisions In pleading for relief, a plaintiff needs to file documents to support its claim. APPEAL: Rule 93(10) incorporates Rule 185's verified denial procedure: "A pleading setting up any of the following matters, unless the truth of such matters appear of record, shall be verified by affidavit: A denial of an account which is the foundation of the plaintiff's action, and supported by affidavit." Id. Part I. Pleadings Chapter 2. Fort Bend County, Texas f. A denial of partnership as alleged in any pleading as to any party to the suit. . What do I know? 26, 1990). Dope. 10 Back to Main Page / Back to List of Rules, Rule 93. However, whether or not the language in the Olivers= answer sufficiently denies the sworn account claim, the attached Averification@ renders the answer fatally defective. In order to establish sufficient evidence to support a prima facie case in a suit on a sworn account and sufficient evidence to support a summary judgment disposition, the movant must strictly adhere to the provisions of the Texas Rules of Civil Procedure. (Panditi, 180 S.W.3d at 926; see TEX. II. R. Civ. App.--Ft. We hereby enter said denial, denying each and every allegation contained therein and specifically denying an amount due, the specifics of said amount being due, and the debt and/or account. Having determined that the Olivers= original answer failed to satisfy the requirements of Rules 185 and 93(10) so as to properly controvert Carter & Co.=s sworn account claim, we now turn to the Olivers= claim that their first amended answer sufficed. IN THE INTEREST OF IN THE DISTRICT COURT OF Has D's info all throughout it.

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