In Exito Electronics Co. v. Trejo, 142 S.W.3d 302, 308 (Tex. 2004), the Texas Supreme Court held that an appellate court erred in holding that a defective verification and affidavit resulted in a waiver of the nonresident's special appearance. In that case, the nonresident defendant filed a verified special appearance and attached a supporting affidavit. Id. at 304. The verification did not identify how the affiant had obtained personal knowledge of the facts stated in the special appearance. Id. The attached affidavit contained a jurat and a notary signature, but did not include a legible identification of the notary or a notary seal. Id. The court of appeals held the nonresident defendant waived his special appearance by failing to submit evidence supporting its special appearance in the trial court, as the verification and attached affidavit were fatally defective. Exito Electronics Co. v. Trejo, 99 S.W.3d 360, 373 (Tex. App.--Corpus Christi 2003), rev'd, 142 S.W.3d 302 (Tex. 2004). The Texas Supreme Court disagreed and explained: "any defect in proof goes to the merits; it is simply not a waiver issue." Id. at 308.