Sherwood Lane Associates v. O'NEILL

I concur in the result. The majority opinion, however, implies that the respon*946dent had no discretion to appoint an expert other than Covert. Under Tex.R.Civ.P. 167a, the relator does not have an absolute right to a physician of his own choosing. Employees Mut. Casualty Co. v. Street, 707 S.W.2d 277, 279 (Tex.App.—Fort Worth 1986, orig. proceeding). However, unless a party has a valid objection to the opposing party’s selection, the examination should be conducted by physicians of the opposing party’s choosing. Id. (quoting Liechty v. Terrill Trucking Co., 53 F.R.D. 590, 591 (E.D.Tenn.1971)).…