Jeffery Walker v. ERA Troy Realtors and C.L. Sheffy--Appeal from 285th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-02-00250-CV
Jeffery WALKER,
Appellant
v.
ERA TROY REALTORS and C.L. Sheffy,
Appellees
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-CI-17724
Honorable Frank Montalvo, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Alma L. L pez, Chief Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: March 19, 2003

AFFIRMED

Jeffery Walker appeals the trial court's summary judgment on his claim for untimely repairs to a residential property that Walker leased from C.L. Sheffy and which was managed by ERA Troy Realtors. We affirm.

1. Paragraph 20(E) of the lease provides that "[a]ll requests for repairs must be in writing and delivered to Landlord." Sheffy's affidavit establishes that "[a]t no time during the course of this Lease Agreement have [sic] Mr. or Mrs. Walker provided any written request for repairs to the items made the basis of this lawsuit." Additionally, the affidavit of Mary Ann Weber, who showed the property to the Walkers, states that "[a]t no time during the showing, or afterward, do I recall Mr. Walker or Mrs. Walker, or any person for that matter, ever providing me with a written list of requested repairs as specifically required in the lease agreement."

Walker disputed Weber's assertion with a statement by MSgt. Lorrenzzo G. Martin. However, although the content of the statement indicates Martin had personal knowledge of the facts recited and the statement is notarized, it does not contain a jurat or a statement that Martin was sworn. Accordingly, Martin's statement is not an "affidavit" or any other type of competent summary judgment evidence. See Hall v. Rutherford, 911 S.W.2d 422, 425 (Tex. App.-San Antonio 1995, writ denied).

2. Because Walker and ERA Troy Realtors were not in privity of contract, ERA Troy Realtors owed Walker no duty to make repairs. See Forestpark Enters. v. Culpepper, 754 S.W.2d 775,779-80 (Tex. App.-Fort Worth 1988, writ denied).

The trial court's judgment is affirmed.

Sarah B. Duncan, Justice

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