Eberstein v. Hunter, 260 S.W.3d 626 (Tex. App. 2008). · Go Syfert
Eberstein v. Hunter, 260 S.W.3d 626 (Tex. App. 2008). Cases Citing This Book View Copy Cite
72 citation events (72 in the last 25 years) across 2 distinct courts.
Strongest positive: John Feeney v. Morfin Capital Group LLC and Medone Texas MSO, LLC (texapp, 2024-08-20) · Strongest negative: Sundance Minerals, L.P. v. Wanda Jo Moore, Individually and as Trustee of the Ruth Holder Testamentary Trust Maxine Holder, Individually and as Trustee of the Herbert Holder and Maxine Holder Trust Robert E. Holder Ricky Joe Holder Terry S. Holder Philip B. Holder (texapp, 2011-10-20)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
cited Cited "but see" Sundance Minerals, L.P. v. Wanda Jo Moore, Individually and as Trustee of the Ruth Holder Testamentary Trust Maxine Holder, Individually and as Trustee of the Herbert Holder and Maxine Holder Trust Robert E. Holder Ricky Joe Holder Terry S. Holder Philip B. Holder
Tex. App. · 2011 · signal: but see · confidence high
But see Eberstein v. Hunter , 260 S.W.3d 626, 630 (Tex. App.––Dallas 2008, no pet.) ( holding similar affidavit conclusory and therefore no evidence of attorney’s fees).
cited Cited "but see" Sundance Minerals, L.P. v. Moore
Tex. App. · 2011 · signal: but see · confidence high
But see Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex.App.-Dallas 2008, no pet.) (holding similar affidavit conclusory and therefore no evidence of attorney’s fees).
cited Cited "but see" Sundance Minerals, L.P. v. Wanda Jo Moore, Individually and as Trustee of the Ruth Holder Testamentary Trust Maxine Holder, Individually and as Trustee of the Herbert Holder and Maxine Holder Trust Robert E. Holder Ricky Joe Holder Terry S. Holder Philip B. Holder
Tex. App. · 2011 · signal: but see · confidence high
But see Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.–– Dallas 2008, no pet.) (holding similar affidavit conclusory and therefore no evidence of attorney‘s fees).
discussed Cited as authority (rule) John Feeney v. Morfin Capital Group LLC and Medone Texas MSO, LLC
Tex. App. · 2024 · confidence medium
A conclusory statement is one that “does not provide the underlying facts to support the conclusion” and is thus is not “susceptible to being readily controverted.” Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.—Dallas 2008, no pet.).
discussed Cited as authority (rule) Harris County v. Rondalina Beatty
Tex. App. · 2024 · confidence medium
Transit Auth. of Harris Cnty., 497 S.W.3d 78 , 85–86 (Tex. App.—Houston [14th Dist.] 2016, no pet.) (holding that affidavits that state conclusions without providing underlying facts to support those conclusions are not proper summary judgment evidence); Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.—Dallas 2008, no pet.) (holding that conclusory statements in affidavits are not competent summary judgment evidence because they are not susceptible to being readily controverted).
discussed Cited as authority (rule) Marco Antonio Chagoya & Jose Manuel Figueroa v. Mario Vilchis
Tex. App. · 2024 · confidence medium
See Concierge Nursing Ctrs., 433 S.W.3d at 50 ; see also Patel v. Chaudhari, No. 01-22-00187-CV, 2023 WL 4937056 , at *6 (Tex. App.— Houston [1st Dist.] Aug. 3, 2023, pet. denied) (mem. op.) (concluding that declarations identifying parties to loan agreements, amounts loaned, purposes of loans, and dates of loans constituted assertions of fact, not unsupported conclusions 15 or inferences); Eberstein v. Hunter, 260 S.W.3d 626, 629 (Tex. App.—Dallas 2008, no pet.) (concluding that affidavit calculating amounts of unpaid contractual alimony payments for four time periods and stating aggregat…
discussed Cited as authority (rule) CST Permian, Inc. v. SW Fluids, LLC
Tex. App. · 2024 · confidence medium
“A conclusory statement [in an affidavit] is one that does not provide the underlying facts to support the conclusion.” McEndree v. Volke, 634 S.W.3d 413 , 420 (Tex. App.—Eastland 2021, no pet.); Bastida v. Aznaran, 444 S.W.3d 98, 105 (Tex. App.—Dallas 2014, no pet.) (citing Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.—Dallas 2008, no pet.)); see Brown v. Brown, 145 S.W.3d 745, 751 (Tex. App.—Dallas 2004, pet. denied).
discussed Cited as authority (rule) Harris County v. Aaron Ruth Park
Tex. App. · 2023 · confidence medium
Or Harris Cnty., 497 S.W.3d 78 , 85–86 (Tex. App.—Houston [14th Dist.] 2016, no pet.) (holding that affidavits that state conclusions without providing underlying facts to support those conclusions are not proper summary judgment evidence); Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.—Dallas 2008, no pet.) (holding that conclusory statements in affidavits are not competent summary judgment evidence because they are not susceptible to being readily controverted).4 4 The County failed to obtain a ruling on its objection that Park’s declaration should be struck as a sham affidavit.
discussed Cited as authority (rule) Joel A. McEndree v. Jordyn G. Volke
Tex. App. · 2021 · confidence medium
“A conclusory statement is one that does not provide the underlying facts to support the conclusion.” Bastida v. Aznaran, 444 S.W.3d 98, 105 (Tex. App.—Dallas 2014, no pet.) (citing Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.—Dallas 2008, no pet.)); see Brown v. Brown, 145 S.W.3d 745, 751 (Tex. App.—Dallas 2004, pet. denied).
discussed Cited as authority (rule) Scott Ogle v. Maeli Hector, A/K/A Maeli Arellano, A/K/A Maeli Johnson
Tex. App. · 2017 · confidence medium
In Eberstein v. Hunter, to which Ogle cites, Hunter presented her attorney’s affidavit, which detailed his training and experience, stated that he was hired in the subject proceeding, and opined that a reasonable fee would be $50,000. 260 S.W.3d 626, 630 (Tex. App.—Dallas 2008, no pet.).
cited Cited as authority (rule) Linda Salas Pollok v. Marcel Andrew Pollok
Tex. App. · 2016 · confidence medium
In support of her contention, Linda relies on Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.—Dallas 2008, no pet.).
cited Cited as authority (rule) Steven Webb, D/B/A Leander Trux-N-Karz v. Glenco Upshaw
Tex. App. · 2016 · confidence medium
P. 166a(c); Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.—Dallas 2008 no pet.) (citing Ryland Group, Inc. v. Hood, 924 S.W.2d 120, 122 (Tex. 1996) (per curiam)).
discussed Cited as authority (rule) Robert J. Pitre and Jordan Pitre v. John T. Sharp, as Attorney in Fact for Thomas H. Sharp
Tex. App. · 2016 · confidence medium
Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.―Dallas 2008, no pet.) (statements that do not provide underlying facts to support conclusion are conclusory and are not competent evidence to support summary judgment) (citing Ryland Grp., Inc. v. Hood, 924 S.W.2d 120, 122 (Tex. 1996)).
cited Cited as authority (rule) Scott P. Ogle v. Maeli Hector, A/K/A Maeli Arellano, A/K/A Maeli Johnson
Tex. App. · 2015 · confidence medium
Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.–Dallas 2008, no pet.).
discussed Cited as authority (rule) Jerry Weaks and Joyce Weaks v. Kathleen Jeanette White (2×)
Tex. App. · 2015 · confidence medium
However, the Dallas court in Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex.App.-Dallas 2008, ho pet.), held that an uncontroverted attorney’s fees affidavit similar to the one in Garcia was conclusory and therefore, no evidence of attorney’s fees.
discussed Cited as authority (rule) Rocass L.L.C. D/B/A Rocass Homes v. Nancy Zazueta (2×)
Tex. App. · 2015 · confidence medium
Co., 850 S.W.2d 621, 624 (Tex. App.--Corpus Christi 1993, writ denied) 14 Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.--Dallas 2008, no pet.) 23 Ellert v. Lutz, 930 S.W.2d 152, 155 (Tex. App.--Dallas 1996, no writ) 36 Empire Finance Service, Inc. v. Western Preferred Life Ins.
discussed Cited as authority (rule) Valerus Compression Services, a Texas Limited Partnership and Valerus Compression Services Management, LLC, a Texas Limited Liability Company, General Partner, Appellant/Cross-Appellee v. Gregg County Appraisal District, Appellee/Cross-Appellant
Tex. App. · 2015 · confidence medium
Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.–Dallas 2008, no pet.) Conclusory statements in affidavits are not competent evidence to support summary judgment because they are not credible or susceptible to being readily controverted.
discussed Cited as authority (rule) Valerus Compression Services v. Gregg County Appraisal District
Tex. App. · 2015 · confidence medium
Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex.App.-Dallas 2008, no pet.) Concluso-ry statements in affidavits are not competent evidence to support summary judgment because they are not credible or susceptible to being readily controverted.
discussed Cited as authority (rule) Debbie Echols and Rhonda Echols v. Patrick Simmons, Martha Lynch, and Cannon & Simmons (Cannon & Wilson, PC) (2×) also: Cited "see, e.g."
Tex. App. · 2014 · confidence medium
Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.—Dallas 2008, no pet.).
discussed Cited as authority (rule) Cresencio Bastida v. Abel's Mobile Home Service, Inc. (2×) also: Cited "see, e.g."
Tex. App. · 2014 · confidence medium
Eberstein v. Hunter, 260 S.W.3d 626, 630 (TexApp.-Dallas 2008, no pet.).
cited Cited as authority (rule) Albert C. Evans v. CitiBank (South Dakota) NA
Tex. App. · 2013 · confidence medium
See Holloway, 380 S.W.3d at 323 ; Schindler v. Baumann, 272 S.W.3d 793, 796 (Tex. App.––Dallas 2008, no pet.); Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.–– Dallas 2008, no pet.).
discussed Cited as authority (rule) Jose Angel Reyes v. State (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
In support of their position that DivLend’s attorney’s fee affidavit was not a proper basis for the trial court’s award of attorney’s fees, McCraw cites Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex.App.—Dallas 2008, no pet.), as discussing an attorney’s fee affidavit that was so conclusory as to not constitute competent evidence.
discussed Cited as authority (rule) McCraw Materials, LLC, Mayfield McCraw, and Brenda McCraw v. Divlend Equipment Leasing, L.L.C. (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
In support of their position that DivLend's attorney's fee affidavit was not a proper basis for the trial court's award of attorney's fees, McCraw cites Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex.App. -- Dallas 2008, no pet.), as discussing an attorney's fee affidavit that was so conclusory as to not constitute competent evidence.
discussed Cited as authority (rule) in the Matter of Marriage of Larry Don Bivins and Carmen Martinez Bivins
Tex. App. · 2012 · confidence medium
Eberstein v. Hunter, 260 S.W.3d 626, 628-629 (Tex.App.-Dallas 2008, no pet.) (where post-divorce petitions to enforce property award and to enforce contractual alimony provision were filed under same case number as underlying divorce, both petitions were distinctly different actions that were prosecuted separately).
discussed Cited as authority (rule) Petroleum Analyzer Company, L.P. v. Franek Olstowski, Individually and DBA Atomic Analytical Consulting Services and Atom Instrument Corporation
Tex. App. · 2010 · confidence medium
Eberstein v. Hunter , 260 S.W.3d 626, 629 (Tex. App.—Dallas 2008, no pet.) (holding appellant waived right to complain about evidence on appeal due to failure to object to summary judgment evidence). b.
cited Cited as authority (rule) Sundance Resources, Inc. v. Ole Brook Energy Services, Inc.
Tex. App. · 2009 · confidence medium
Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.–Dallas 2008, no pet.) (stating that conclusory factual statements are not competent summary judgment evidence).
cited Cited as authority (rule) Sundance Resources, Inc. v. Ole Brook Energy Services, Inc.
Tex. App. · 2009 · confidence medium
Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.–Dallas 2008, no pet.) (stating that conclusory factual statements are not competent summary judgment evidence).
cited Cited "see" In the Matter of the Marriage of Brian Kevin Flanagan and Margaret McKeand Flanagan v. the State of Texas
Tex. App. · 2024 · signal: see · confidence high
See Eberstein v. Hunter, 260 S.W.3d 626 , 628–29 (Tex. App.—Dallas 2008, no pet.).
discussed Cited "see" Dharmesh Patel, MD and Avinash Patel v. Swetanshu Chaudhari, MD
Tex. App. · 2023 · signal: see · confidence high
See Eberstein v. Hunter, 260 S.W.3d 626, 629 (Tex. App.—Dallas 2008, no pet.) (concluding that affidavit calculating amounts of unpaid contractual alimony payments for four time periods and stating aggregate amount of unpaid payments was not conclusory because statements were recitations of facts based on personal knowledge).
discussed Cited "see" Harry Hines Millennium Market Place, LLC v. Pawn TX, Inc. F/K/A First Cash, Ltd.
Tex. App. · 2023 · signal: see · confidence high
See Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.— Dallas 2008, no pet.) (conclusory statements in affidavits are not competent evidence to support a summary judgment because they are not credible or susceptible to being readily controverted.); see also Saronikos, Inc. v. City of Dallas, 285 S.W.3d 512, 516 (Tex. App.—Dallas 2009, no pet.) (a conclusory statement is one that does not provide the underlying facts to support the conclusion).
cited Cited "see" Bart Dalton v. Carol Dalton
Tex. App. · 2017 · signal: see · confidence high
See Eberstein v. Hunter, 260 S.W.3d 626, 629 (Tex. App.−Dallas 2008, no pet.).
cited Cited "see" Patrick Van Adrichem, Lidwina Van Adrichem and Jakob Van Der Weg v. Agstar Financial Services, FLCA, as Loan Servicer and Attorney-In-Fact for McFinney Agri-Finance, LLC
Tex. App. · 2015 · signal: see · confidence high
See Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.—Dallas 2008, no pet.) (readily controvertible statements by an affiant are not per se conclusory).
cited Cited "see" Trebuchet Siege Corporation & DFW Metroplex Architecture, Inc. v. Pavecon Commercial Concrete, LTD
Tex. App. · 2014 · signal: see · confidence high
See Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App—Dallas 2008, no pet.).
cited Cited "see" All American Siding & Windows, Inc. v. Bank of America, National Ass'n
Tex. App. · 2012 · signal: see · confidence high
See Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex.App.-Dallas 2008, no pet.).
cited Cited "see" in the Interest of O. M. H., a Child
Tex. App. · 2012 · signal: see · confidence high
See Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.—Dallas 2008, no pet.).
cited Cited "see" Rockwall Commons Associates, Ltd., a Texas Limited Liability Partnership, Stone Rockwall Properties, LLC, a Texas Limited Liability Company, and Tom F. Stone, an Individual v. MRC Mortgage Grantor Trust I, a Delaware Trust
Tex. App. · 2010 · signal: see · confidence high
See Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App. – Dallas 2008, no pet.) (readily controvertable statements by an affiant are not per se conclusory).
cited Cited "see" Rockwall Commons Associates, Ltd., a Texas Limited Liability Partnership, Stone Rockwall Properties, LLC, a Texas Limited Liability Company, and Tom F. Stone, an Individual v. MRC Mortgage Grantor Trust I, a Delaware Trust
Tex. App. · 2010 · signal: see · confidence high
See Eberstein v. Hunter , 260 S.W.3d 626, 630 (Tex. App. - Dallas 2008, no pet.) (readily controvertable statements by an affiant are not per se conclusory).
cited Cited "see" Rockwall Commons Associates, Ltd. v. MRC Mortgage Grantor Trust I
Tex. App. · 2010 · signal: see · confidence high
See Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex.App.-Dallas 2008, no pet.) (readily controvertible statements by an affiant are not per se conclusory).
discussed Cited "see, e.g." Carter Russell v. Dana Sadler and Dr. Performance, LLC
txctapp1 · 2026 · signal: see also · confidence medium
Nor were the objections any good: Russell’s statement that he “was not 11 paid including for the months of August and September 2023” is an assertion of fact.2 See Chagoya v. Vilchis, No. 01-22-00864-CV, 2024 WL 3417049 , at *6 (Tex. App.—Houston [1st Dist.] July 16, 2024, no pet.) (mem. op. on reh’g) (concluding that plaintiff’s statements that he loaned defendant money and paid other funds to defendant to repair plaintiff’s vehicle but defendant did not repair vehicle or repay loan were “all assertions of fact, not unsupported conclusions or inferences”); see also Eberstein…
discussed Cited "see, e.g." David Anthony DePina v. Jason A. Gibson, PC D/B/A the Gibson Law Firm, Jason A. Gibson, Casey Gibson
txctapp1 · 2026 · signal: see also · confidence medium
See Chagoya v. Vilchis, No. 01-22-00864-CV, 2024 WL 3417049, at *6 (Tex. App.— Houston [1st Dist.] July 16, 2024, no pet.) (mem. op. on reh’g) (treating declarant’s descriptions of specific events—payments, loan amounts, nonperformance, and nonreturn of property—as “assertions of fact, not unsupported conclusions or inferences”); see also Eberstein v. Hunter, 260 S.W.3d 626, 629 (Tex. App.—Dallas 2008, no pet.) (affidavit calculating amounts of unpaid alimony payments and stating aggregate amount was not conclusory because statements recited facts based on personal knowledge).
cited Cited "see, e.g." William T. Dickson v. American Electric Power, Inc. and Public Service Company of Oklahoma
Tex. App. · 2015 · signal: see, e.g. · confidence medium
See, e.g., Eberstein v. Hunter, 260 S.W.3d 626, 630 (Tex. App.—Dallas 2008, no pet.) (“A conclusory statement is one –5– that does not provide the underlying facts to support the conclusion.”).
Retrieving the full opinion text from the archive…
Brian EBERSTEIN, Appellant
v.
Patricia A. (Eberstein) HUNTER, Appellee
05-06-01336-CV.
Court of Appeals of Texas.
Jul 21, 2008.
260 S.W.3d 626
2008 Tex. App. LEXIS 6596
2008 WL 2791514
Michelle May O'Neil, Dallas, TX, for Appellant. Bill C. Hunter, Dallas, TX, for Appellee. Page 628
Morris, Whittington, O'Neill.
Cited by 45 opinions  |  Published

OPINION

Opinion by

Justice MORRIS.

This is an appeal from a summary judgment in a proceeding to enforce contractual alimony obligations that were incorporated into a divorce decree. The trial court awarded Patricia A. (Eberstein) Hunter a money judgment against Brian Eberstein in the amount of $308,982.58 plus attorney’s fees. In four issues, Eberstein asserts: (1) Hunter did not establish her entitlement to judgment as a matter of law, (2) he raised material fact issues on his affirmative defenses, (3) the summary judgment evidence does not support the attorney’s fees award, and (4) we lack jurisdiction over this appeal because the summary judgment order is not a final order. For the reasons that follow, we conclude we have jurisdiction over this appeal. We modify the trial court’s judgment to reduce the amount of contractual alimony awarded to Hunter from $281,000 to $278,000 and affirm the judgment on contractual alimony as modified. We reverse the trial court’s judgment pertaining to the award of attorney’s fees. We remand the cause to the trial court for further proceedings consistent with this opinion and recalculation of prejudgment interest. We affirm the trial court’s judgment in all other respects.

I.

Eberstein and Hunter were divorced in 2001. The agreed decree of divorce incorporated an “Agreement Incident to Divorce” in which Eberstein agreed to pay Hunter $10,000 per month from April 1, 2001 up to and including April 1, 2004, $7,000 per month from May 1, 2004 up to and including May 1, 2006, and $3,000 per month from June 1, 2006 up to and including June 1, 2009. [1]

In 2005, Hunter filed a petition pursuant to section 9.010 of the Texas Family Code to recover a money judgment for amounts owed under the parties’ agreement for contractual alimony. Hunter also sought attorney’s fees in connection with the proceeding. The trial court granted Hunter’s motion for summary judgment awarding judgment against Eberstein as follows: $281,000 for unpaid alimony, $27,082.58 for prejudgment interest, and $20,000 for attorney’s fees. Eberstein appealed.

II.

We begin our discussion with Eber-stein’s fourth issue, which questions our jurisdiction over this appeal even though it is Eberstein who invoked our jurisdiction. Eberstein argues the summary judgment before us is not final because additional claims between the parties remain pending in the trial court. Specifically, Eberstein refers to a 2003 petition for a money judgment and enforcement of a property award under the divorce decree previously filed by Hunter. The 2003 action is unrelated to Hunter’s 2005 petition to enforce contractual alimony provisions. Eberstein contends, however, that because both petitions were filed under the cause number of the underlying divorce action, all claims made in the 2003 and 2005 petitions must be disposed of before there can be a final judgment subject to appeal.

Generally, an appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). However, Lehmann only addresses cases in which one final and appealable judgment can be rendered. Id. at 192. Its holding does not apply to cases in[*629] which multiple judgments, final for purposes of appeal, can be rendered on certain discrete issues. Id. Although both actions were filed under the same cause number as the underlying divorce action, the 2003 and 2005 post-judgment petitions are distinctly different actions that were prosecuted separately after separate citations were served on Eberstein. Eber-stein has cited no case, and we have found none, that applies Lehmann to separate and distinct post-divorce enforcement petitions as we have here. The summary judgment before us disposed of all claims and parties pending in the 2005 petition. We therefore conclude it is a final judgment for purposes of appeal. We resolve Eberstein’s fourth issue against him.

In his first issue, Eberstein contends Hunter’s summary judgment evidence was insufficient to support an award in her favor. He asserts Hunter’s supporting affidavit was conclusory, the agreement incident to divorce attached to Hunter’s motion for summary judgment was not properly authenticated and constituted inadmissable hearsay, and the summary judgment proof does not support the full amount of the trial court’s alimony award.

We first address Hunter’s authentication and hearsay complaints. These complaints are defects in the form of summary judgment evidence that cannot be grounds for reversal unless specifically pointed out to the trial court by objection. See Republic Bankers Life Ins. Co. v. Wood, 792 S.W.2d 768, 774-75 (Tex. App.-Fort Worth 1990, writ denied) (authentication); Methodist Hosps. of Dallas v. Amerigroup Tex., Inc., 231 S.W.3d 483, 492 (Tex.App.-Dallas 2007, pet. denied) (hearsay). Because Eberstein did not present these objections to the trial court and obtain a ruling, he has waived the right to complain about the evidence on appeal. See Tex.R.App. P. 33.1(a).

Eberstein also contends that Hunter’s affidavit is conclusory because she makes general conclusions about the nonpayments instead of setting forth the due date for each payment and listing the specific payments not paid. We do not agree. Relying on the parties’ agreement incident to divorce, Hunter’s affidavit calculates the amount of unpaid payments due as follows: $100,000 from July 1, 2003 through April 1, 2004; $91,000 from May 1, 2004 through May 1, 2005; $84,000 from June 1, 2005 through May 1, 2006 and $3,000 for June 1, 2006. Hunter goes on to state the aggregate unpaid amount of payments Eber-stein owed her through June 1, 2006 was $278,000. These statements are not conclusions. Hunter is reciting facts based on her personal knowledge. Accordingly, we reject Eberstein’s contention that Hunter’s affidavit is not competent summary judgment evidence.

Finally, Eberstein asserts the summary judgment proof does not support the full amount of trial court’s $281,000 alimony award. We agree with Eberstein on this point. Hunter’s affidavit indicates that as of June 1, 2006, the total amount of unpaid alimony due and owing from Eber-stein was $278,000. But the trial court’s judgment signed on July 11, 2006 awarded an additional $3,000, bringing the total amount of the alimony awarded to Hunter to $281,000. Apparently, the additional $3,000 reflected the amount of alimony due from Eberstein as of July 1, 2006. There is nothing in the summary judgment record, however, indicating Eberstein did not make the July payment. Consequently, the trial court erred in including this additional amount in its judgment. We sustain Eberstein’s first issue in part and will modify the trial court’s judgment to omit this additional $3,000.

[*630] In his second issue, Eberstein asserts summary judgment was improper because he raised a fact issue on his affirmative defenses of novation, accord and satisfaction, and laches. We first note that Eberstein did not assert the defenses of accord and satisfaction or laches in his response to Hunter’s summary judgment. Because these defenses were not expressly presented to the trial court in writing, they cannot be considered on appeal as grounds for reversal. See Tex.R. Civ. P. 166a(c).

Eberstein did raise, however, the issue of novation in his response to Hunter’s motion for summary judgment. The only evidence offered to support his novation defense was his affidavit indicating that after September 2003, the parties agreed there was no further need for him to pay alimony. Hunter objected to Eberstein’s affidavit in its entirety and to every sentence specifically with the exception of the sentence, “Prior to June 2003, I paid the sum of $215,800 in alimony directly to my ex-spouse.” The trial court sustained Hunter’s objections to Eberstein’s affidavit. [2] As a result, there was no summary judgment evidence before the trial court to create a fact issue on Eberstein’s novation defense. Accordingly, we resolve Eber-stein’s second issue against him. In his third issue, Eberstein contends Hunter’s summary judgment evidence was legally insufficient to support the trial court’s award of attorney’s fees. Specifically, Eberstein argues that the affidavit filed by Hunter’s attorney was conclusory and, thus, not competent summary judgment evidence.

A trial court may grant summary judgment based on uncontroverted testimonial evidence “if the evidence is clear, positive and direct, otherwise credible and free from contradictions and inconsistencies, and could have been readily controverted.” See Tex.R. Crv. P. 166a(c). A conclusory statement is one that does not provide the underlying facts to support the conclusion. Rizkallah v. Conner, 952 S.W.2d 580, 587 (Tex.App.-Houston [1st Dist.] 1997, no pet.). Conclusory statements in affidavits are not competent evidence to support a summary judgment because they are not credible or susceptible to being readily controverted. See Ryland Group, Inc. v. Hood, 924 S.W.2d 120, 122 (Tex.1996).

Hunter’s attorney filed his affidavit in support of her request for attorney’s fees. The affidavit details his work experience and training and indicates he was engaged to represent Hunter to bring this action for unpaid contractual alimony. He states that Hunter is entitled to recover reasonable attorney’s fees incurred for bringing this proceeding pursuant to a provision in the agreement incident to divorce. He then opines “a reasonable fee for representation of [Hunter] in the present proceeding is the sum of Fifty Thousand Dollars ($50,000), through the entry of final judgment pursuant to the [motion for summary judgment].” The affidavit, however, provides absolutely no factual basis for his opinion. We therefore conclude the affidavit was not competent evidence to support summary judgment on Hunter’s claim for attorney’s fees. We resolve Eberstein’s third issue in his favor.

In conclusion, we modify that part of the trial court’s judgment awarding Hunter $281,000 in contractual alimony to reduce the amount to $278,000. We affirm the trial court’s judgment on contractual alimony as modified. We reverse the trial court’s judgment pertaining to the award of attorney’s fees. We remand the cause to the trial court for further proceedings[*631] consistent with this opinion and for recalculation of prejudgment interest. We affirm the trial court’s judgment in all other respects. [3]

1

. If either party died before June 1, 2009, the alimony obligation would terminate.

2

. Eberstein does not challenge the trial court’s evidentiary ruling on appeal.

3

. Hunter filed a motion in this Court on January 16, 2007 to dismiss the appeal, grant judgment for costs, and award sanctions. After reviewing the motion and the supplement filed April 22, 2008, we deny Hunter’s motion by separate order to be issued with this opinion.