OPINION
This is an appeal from an order granting a summary judgment. Appellees, Joe Pratt and W.R. Dean, d/b/a Associated Insurance Agencies (Associated) filed suit against appellant, Joseph D. Price, d/b/a Victoria Mill and Supply (Price) for premiums owed on insurance policies. Associated’s suit was for money owed them on a promissory note and for money owed on an open account. The open account portion of Associated’s claim was filed as a sworn account under Tex.R.Civ.P. 185 (Rule 185). Price did not file a sworn denial as required by Rule 185. The trial court initially rendered a partial summary judgment on Associated’s claim on the promissory note, and subsequently, final summary judgment was rendered on the sworn account claim. The basis for this appeal is confined to the granting of the summary judgment based on the sworn account claim.
Price contends that the account was not properly pled as a sworn account, and thus, he was not required to file a sworn denial. We agree.
Since Price failed to file a sworn denial of the account in the form prescribed by the provisions of Rule 185, this Court is limited in what it can consider in setting aside the summary judgment granted on the sworn account. See
Larcon Petroleum, Inc.,
v.
Autotronic Systems, Inc.,
Several discrepancies exist in Associated’s pleadings which make them insufficient as a matter of law. First, Associated incorporates by reference two pages of accounts into its pleadings, which constitute the basis for its claim. On the face of these accounts the following terms are used under the heading “description”:
FIRE END
FIRE-COMM REN
PREM FIN MIS
11 SOL. COMM
COMP AUD
LIA-EXCES AUD
COMP REN”
Associated’s pleadings contain no key to these abbreviations, or other explanation of the meaning of the items listed. This alone supports a holding that the pleadings were legally insufficient to support a summary judgment on a sworn account. Haecker v. Santa Rosa Medical Center, supra, and authorities listed therein.
Other discrepancies in the accounts include two unexplained auditing entries, see
Abe I. Brilling Insurance Agency
v.
Hale,
It is our belief that the discrepancy between the dates would, without the introduction of some additional evidence, break any connection between the entries and the promissory note. Additionally, none of this explains the initial “BALANCE FORWARD” of $4,950.00 or what became of it in the accounts.
Regardless of whether we confine our review to those entries beginning with the “BALANCE” dated “2-25-0” or review the accounts as a whole, we have a beginning balance which is not sufficiently itemized to support a summary judgment on a sworn account.
Gallini v. Whelan,
Associated’s reliance on
City of Houston v. Clear Creek Basin Authority,
Price’s general denial was sufficient to put in issue all material facts in regard to Associated’s claim.
The judgment of the trial court is REVERSED and the cause is REMANDED to the trial court for further consideration.
