Case Dealing With ''Striking Out Affidavits'' In Texas
In Frazier v. Yu, 987 S.W.2d 607 (Tex.App.--Fort Worth 1999, no pet.h.), the movant objected to the plaintiff's affidavits on several grounds, and urged the trial court to rule that the affidavits were not competent summary judgment evidence. See Frazier, 987 S.W.2d at 609.
The trial court never explicitly ruled on the motion to strike, but granted the motion for summary judgment against the plaintiffs. See Frazier, 987 S.W.2d at 609.
The trial court's order stated that it had considered all "competent" summary judgment evidence. See id. at 610.
The court of appeals held that because the trial court granted summary judgment, it had implicitly struck the affidavits, otherwise they would constitute competent summary judgment evidence. See id.