OPINION
Opinion by
Dаniel Alexander Boudreau and Robert James Fox appeal the summary judgment rendered against them in favor of Federal Trust Bank. In two points of error, Bou-dreau and Fox argue the trial court erred by (1) denying their motions to challenge the authority of Federal’s counsel, and (2) granting summary judgment in Federal’s fаvor. For reasons that follow, we affirm the judgment of the trial court.
Factual and Procedural Background
This case arises from the non-judicial foreclosure of a residence property in Mesquite, Texas. Boudreau was the mortgagor of the 1985 loan used to obtain the property. Fox leased the property from Boudreаu. In 1998, Boudreau defaulted on the mortgage. Then, the holder of the note, one of Federal’s predecessors-in-interest, 1 foreclosed on thе property. Bou-dreau and Fox refused and continue to refuse to vacate the property. Federal’s immediate predecessоr-in-interest, Ban-kAtlantic Capital Markets Group, brought suit to quiet title, try title, and gain possession of the property in 2000. In May 2000, BankAtlantie assigned its interest in the prоperty to Federal.
Boudreau and Fox challenged the authority of L.R. Tipton and the law firm of Barrett Burke Wilson Daffin Castle & Frappier L.L.P. (“Barrett Burke”) аs Federal’s counsel in this case, pursuant to rule 12 of the Texas Rules of Civil Procedure. Subsequently Federal filed a motion for summary judgment against Boudreаu and Fox. In March 2002, the rule 12 issue was referred to a master, who heard arguments from the parties and then denied the challenge. In May 2002, the trial court rеviewed the master’s ruling de novo. The court denied Boudreau and Fox’s rule 12 challenge and then granted summary judgment in favor of Federal. Boudreau and Fox appeal these latter rulings in the instant appeal.
Challenge To Authority of Counsel
In their first point of error, Bou-dreau and Fox argue the trial court erred in denying their challenge to the
authority
of counsel. Texas civil procedure rule 12 allows a party to argue before the trial court that the law suit is being prosecutеd or defended without authority. Tex.R. Civ. P. 12. The challenged attorney must appear before the court and show his authority to act.
Id.
At the hearing on the motion, the burden of proof is on the challenged attorney to show sufficient authority to prosecute or defend the suit on behalf of his client, a рarty to the law suit.
Id.
If the challenged attorney fails to show authority, the trial court must refuse to permit the attorney to appear in the causе and must strike the pleadings if no other authorized person appears.
Id.
A trial
*742
should not be unnecessarily continued or delayed for a rule 12 hearing.
Id.
Thе main purpose behind the rule is that a person is entitled to know which person or party in fact authorized the suit.
See Mobile Homes of Am., Inc. v. Easy Living, Inc., 527
S.W.2d 847, 848 (Tex.Civ.App.-Fort Worth 1975, no writ) (citing
Angelina County v. McFarland,
At the heаrings on Boudreau and Fox’s rule 12 challenge, Tipton presented an affidavit from Rhonda Bonner, an assistant vice-president of Federal, who confirmed that Federal had retained Barrett Burke to represent it and further that Barrett Burke had retained Tipton to assist on the case. Additionally, Darrеll Clements, an attorney for Barrett Burke, testified at the hearings that his firm had been retained by Federal and had the authority to act on behalf of Federal in the instant case. Bou-dreau and Fox objected to the affidavit on the basis that it was hearsay. The trial court overruled the objection and ruled that Tipton and Barrett Burke had authority to act on behalf of Federal.
We agree with the trial court’s ruling on the rule 12 challenge. The Bonner аffidavit and testimony from Clements constituted sufficient evidence for Tipton and Barrett Burke to satisfy their burden of showing that they were prosecuting the case with authority from Federal.
See Spigener v. Wallis,
Summary Judgment
In their second point of error, Boudreau and Fox argue the trial court erred by granting summаry judgment in favor of Federal. First, Boudreau and Fox reassert their rule 12 argument, contending the granting of summary judgment is error because there was no evidence of authority by Tipton and Barrett Burke to act on behalf of Federal. Second, Boudreau and Fox argue the trial court erred in granting summary judgment bеcause Federal failed to file its corporate charter. Finally, Boudreau and Fox contend the granting of summary judgment was error becausе they had filed a verified answer alleging that (1) Federal lacked the capacity to sue “as it was not the owner of the property,” (2) Federal lacked authority to do business in Texas, and (3) Federal was not a corporation. We have already determined that Boudreau and Fox’s argument as to Tipton and Barrett Burke’s authority of counsel is without merit. We now address Boudreau and Fox’s remaining arguments.
Boudreau and Fox claim that in order fоr a corporation to obtain summary judgment, the corporate charter must be introduced into evidence. They cite
Osborn v. United States Bank,
As to their final argument, the record reflects that in response to Federal’s motion for summary judgment, Bou-dreau and Fox filed two documents. First, they filed their “Objectiоns to Summary Judgment.” Second, they filed their “Answer to Summary Judgment.” Neither response raises, even generally or impliedly, the issue of Federal’s authority to do busi *743 ness in Texas. Therefore, they have waived their argument on that issue. See Tex.R.App. P. 33.1(a). As to the denial of Federal’s status as a corporation, the only statement that could even possibly be construed as raising the argument is a statement in the “Answer to Summary Judgment” stating that “[T]here is no evidence that Plaintiff even .exists.” Likewise, the only potential argument raising the issue of “capacity to sue” based on lack of ownership of the property would be in Bou-dreau and Fox’s suggestion in their “Objections to Summary Judgment” that the 1998 foreclosure was defective due to a lack of notice.
When a plaintiff mоves for summary judgment, it must show that it is entitled to prevail on each element of its cause of action.
Ortega-Carter v. Am. Int’l Adjustment Co.,
Conclusion
We conclude the trial court did not err by overruling Boudreau and Fox’s rule 12 challenge, nor did the court err by granting summary judgment in favor of Federal. Having overruled both of appellant’s points of error, we affirm.
Notes
. The record reflects the note was transferred by assignment on multiple occasions. This law suit only involves claims by Federal Trust Bank, which obtained its interest in the property from an assignment by BankAtlantie Capital Markets Group.