Opinion
No. 05-07-01094-CV
Opinion Filed September 6, 2007.
Original Proceeding from the 303rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. 90-11107-V.
Before Justices WHITTINGTON, FITZGERALD, and LANG-MIERS.
MEMORANDUM OPINION
Relator filed a petition for writ of mandamus, contending the trial judge abused her discretion when she denied relator's motion to dismiss for want of jurisdiction. Relator's petition is deficient.
Rule 52.3 of the Texas Rules of Appellate Procedure provides for the form and content of a petition in an original proceeding. Tex. R. App. P. 52.3. Specifically, rule 52.3 provides that "[a]ll factual statements in the petition must be verified by affidavit made on personal knowledge by an affiant competent to testify to the matters stated." Tex. R. App. P. 52.3 (emphasis added).
In this case, the affidavit of counsel attached to the petition states, "Each of the factual statements is true and correct to the best of my knowledge." (Emphasis added). Statements that are equivocal or are based on the affiant's "best knowledge" do not indicate the affiant has personal knowledge as required by rule 52.3. See Ryland Group, Inc. v. Hood, 924 S.W.2d 120, 122 (Tex. 1996); Price v. Am. Nat'l Ins. Co., 113 S.W.3d 424, 429-30 (Tex.App.-Houston [1st Dist.] 2003, no pet.). Because the affidavit attached to relator's petition does not verify that it is made on the affiant's personal knowledge, relator's petition for writ of mandamus is defective.
Accordingly, we DENY relator's petition for writ of mandamus. See Tex. R. App. P. 52.3.