Gillenwater v. Fort Brown Villas III, Condominium Ass'n

Dissenting Memorandum Opinion by

Justice VELA.

I write separately to dissent and to raise what appears to be a conflict within our own court as well as among various courts of appeals. The majority states that the trial court had no discretion to strike appellant’s expert’s affidavit which was filed after all expert deadlines had passed but was timely filed in response to Fort Brown’s no-evidence motion for summary judgment. See Tex.R. Civ. P. 190.3, 190.4, 193.6. 166a(i). The majority reasons that two previous cases from this Court hold that the discovery rules are inapplicable in a summary…