Kerlin v. Arias
274 S.W.3d 666, 52 Tex. Sup. Ct. J. 103, 2008 Tex. LEXIS 992 (2008)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
A summary judgment affidavit is legally insufficient to create a genuine issue of material fact if it is not based on personal knowledge, contains hearsay, or is qualified by the affiant's mere belief rather than a positive assertion of fact.
Facts:
- In 1847, Jesus Balli's father executed a deed conveying his son's interest in Padre Island to Nicolas Grisanti.
- The deed, written in Spanish in Matamoros, stated that Jesus Balli was a minor at the time of the signing.
- The deed asserted that Jesus's father was his lawful guardian with the power to convey the property.
- The deed justified the sale by stating it was in Jesus's best interest due to the uncertainty of land titles following the war between the United States and Mexico.
- Gilbert Kerlin eventually acquired title to a substantial portion of this Padre Island property, which traced back to the 1847 deed.
- Seventy-two alleged heirs of Jesus Balli later asserted a claim to the land, alleging the 1847 deed was fraudulent because Jesus Balli was not, in fact, a minor at the time.
Procedural Posture:
- The heirs of Jesus Balli filed a lawsuit against Gilbert Kerlin in a Texas trial court, seeking to set aside the 1847 deed on the grounds of fraud.
- Kerlin filed a motion for summary judgment, asserting the deed was valid.
- In response, the heirs submitted an affidavit from Eva Castillo.
- The trial court granted Kerlin's motion for summary judgment, ruling in his favor.
- The heirs, as appellants, appealed to the court of appeals.
- The court of appeals reversed the trial court's judgment.
- Kerlin, as petitioner, appealed the reversal to the Supreme Court of Texas.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does an affidavit based on hearsay and the affiant's belief, rather than personal knowledge of events that occurred over 150 years prior, create a genuine issue of material fact regarding fraud sufficient to defeat a motion for summary judgment?
Opinions:
Majority - Per Curiam
No. An affidavit that is not based on personal knowledge and instead relies on hearsay and the affiant's belief is legally insufficient to create a genuine issue of material fact. Under Texas Rule of Civil Procedure 166a(f), summary judgment affidavits must be made on personal knowledge, set forth facts that would be admissible in evidence, and affirmatively show the affiant is competent to testify. Eva Castillo's affidavit failed on all counts. First, it was qualified by the phrase 'to the best of my personal knowledge and belief,' which is legally insufficient as an affiant's belief does not equate to personal knowledge. Second, the sources of her information—testimony she heard, documents she reviewed, and historical accounts she read—constituted inadmissible hearsay. Third, the affidavit failed to show how Castillo could possibly have personal knowledge of events that occurred in 1847. Because the heirs failed to produce competent summary judgment evidence to rebut the prima facie validity of the 1847 deed presented by Kerlin, no fact issue on fraud was raised.
Analysis:
This decision reinforces the stringent evidentiary standards required to survive a motion for summary judgment in Texas. It serves as a significant barrier to claims challenging the validity of ancient land titles, protecting the stability and certainty of real property records from speculative challenges based on secondhand information. The court's strict application of the personal knowledge rule makes it exceedingly difficult for claimants to raise fact issues regarding historical events for which no living witness exists. This holding effectively mandates that challenges to ancient documents must be supported by competent, contemporaneous evidence, not by modern affidavits based on historical research or family lore.
