a claim against the bond, but it was denied because Drewery had not provided the requested paperwork. He also confirmed that he received a letter from Drewery’s counsel on February 11, 2004 that included a copy of the default judgment. Daily stated this was the first time Fidelity was aware of the lawsuit. Application of the Law to the Facts The submitted affidavits explain the normal procedure for handling new lawsuits CSC received on behalf of Fidelity. But there is no affidavit from a person who actually handled the citation explaining how the citation was lost or where in the chain of communication a breakdown occurred that led to Fidelity’s failure to answer the citation. See BancTEXAS McKinney, N.A. v. Desalination Sys., Inc., 847 S.W.2d 301, 302-03 (TexApp.-Dallas 1992, no writ) (<HOLDING>); see also Anchor Fumigation & Pest Control,
holding an affidavit containing impeachment evidence is insufficient to support the granting of a new trial holding that evidence was insufficient to prove a conspiracy where the evidence did not show that individuals who sold drugs to the defendant knew that the drugs were meant to be resold holding that without an affidavit from the person who actually mishandled the citation the evidence was insufficient to show the breakdown that led to the failure to answer holding that officers possession of affidavit at searched premises without leaving a copy with the occupant was insufficient to allow for consideration of the affidavit in evaluating the constitutionality of the warrant holding that evidence was admissible under the good faith exception where the affidavit contained a detailed description of the nature of the offense the premises to be searched the items for which they were searching and the transaction which led the informant to believe that the drugs would be in this apartment