Kerlin v. Arias

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that affidavit that did not affirmatively show any basis for the affiant’s personal knowledge was legally insufficient and thus could not raise a fact issue precluding summary judgment
• holding that the summary-judgment movant presented “prima facie evidence” to support judgment as a matter of law and that certain additional details need not be proved until nonmovants raised a fact question
• concluding that affidavit did not raise fact 9 issue about event that occurred in 1840s because “nothing in the affidavit affirmatively shows how [affiant] could possibly have personal knowledge about events occurring in 1840s”
• holding affidavit was legally insufficient when it failed to show how affiant could have had knowledge of the events she described
• “nothing in the affidavit affirmatively shows how Castillo could possibly have personal knowledge about events occurring in the 1840s”
• explaining that “affiant’s belief about the facts is legally insufficient”

Source: CourtListener parenthetical corpus (CC0).