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In re Roberts

Because a 30-day extension to cure deficiencies in expert reports does not substantially prolong litigation or allow for extensive discovery, the court of appeals erred in issuing mandamus relief to deny the extension. Texas Supreme Court, No. 05-0362.

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ON PETITION FOR WRIT OF MANDAMUS

JUSTICE JOHNSON did not participate in the decision.

We recently held in In re McAllen Medical Center that the expert reports required by former article 4590i were “intended to preclude extensive discovery and prolonged litigation in frivolous cases,” and that appeal was not an adequate remedy when a trial court’s refusal to enforce the statute would frustrate that intent. ___ S.W.3d ___, ___ (Tex. 2008). In McAllen, the trial court had refused to rule on objections to expert reports for four years, and then finally denied them altogether. By contrast, the defendant health care providers here complain only that the trial court erred in granting the plaintiffs a 30-day grace period to amend their expert reports. Because a 30-day extension – even if unjustified – does not substantially prolong litigation or allow for extensive discovery, we hold the court of appeals erred in issuing mandamus relief.

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