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Mar 16

Written by: Eric Wolfram
3/16/2010 9:23 AM 

Spectrum Healthcare Resources, Inc. v. McDaniel, 53 Tex. S. Ct. J. 444, 2010 WL 856166 (Tex. 2010).  Here is actual language from the opinion:

The parties entered into an agreed docket control order that set deadlines for designating testifying experts and producing expert reports.

* * *

The docket control order reads as follows:

* * *

1. Plaintiffs will designate all expert witnesses that they intend to call at the trial of this case, live or by deposition, and shall provide a written report and curriculum vitae of all retained experts in this case on or before January 11, 2006;

* * *

It is further ORDERED to the extent these deadlines may be in conflict with deadlines set by rule or statute, the deadlines established by this Docket Control Order shall take precedence.

We hold that when parties use an agreed order to extend the section 74.351 threshold expert report deadline, the order must explicitly indicate the parties' intention to extend the deadline and reference that specific deadline. Otherwise, the agreed order is ineffective to extend the section 74.351 deadline. [FN5 omitted]  Because the agreed docket control order in this case did not explicitly reference and include the statutory threshold expert medical report deadline when extending McDaniel's deadline for designating testifying experts and producing expert reports, as a matter of law the order did not extend that deadline. We therefore reverse the court of appeals' judgment and reinstate the trial court's judgment of dismissal.

 

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