holding on de novo review of a motion for summary judgment “that attaching documents to an affidavit of an attorney on the case, not the keeper of the records, and designating the records as a ‘true and correct copy’ does not authenticate, certify, or make them admissible
How later courts described this case
- holding on de novo review of a motion for summary judgment “that attaching documents to an affidavit of an attorney on the case, not the keeper of the records, and designating the records as a ‘true and correct copy’ does not authenticate, certify, or make them admissible
Written by the judges who cited it.
The opinion
HOLDRIDGE, J., concurring.
I concur in the result. While I believe the dismissal of Mr. Kirschner makes this matter moot, I recognize that the dismissal judgment is on appeal and is not yet final and definitive. Therefore, I am in agreement with reversing the trial court's judgment and remanding this matter back to the trial court. In the event that the appellate or supreme court reverses the trial court's judgment and allocates a percentage of fault to Mr. Kirschner, National Surety Corporation may re-urge its motion for summary judgment. If the judgment of the trial court is not reversed, then the judgment dismissing Mr. Kirschner is final and Texas Brine's claim becomes moot.