The defendants denied that SuperMedia had capacity to sue, because it was not named in the contracts, and that the individual defendants were liable in their individual capacities. But they did not verify these denials as directed by TEX. R. CIV. P. 93. When SuperMedia moved for summary judgment, the defendants filed amended pleadings that included a verified denial on the morning of the summary judgment hearing.

See, e.g., Huddleston v. Case Power & Equip. Co., 748 S.W.2d 102, 103 (Tex. App. — Dallas 1988, no writ); see also Tex. R. Civ. P. 93(10) (“A pleading setting up any of the following matters, unless the truth of such matters appear of record, shall be verified by affidavit[:] A denial of an account which is the foundation of the plaintiff’s action . . . .”).c. Consequences of Failing to File a Proper Verified Denial Importantly, a verified denial must be included in a defendant’s answer; a sworn denial made in a response to a summary judgment motion is too late and does not satisfy Rule 185.