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BURRHUS v. M&S SUPPLY, INC.

No. 04-94-00196-CV.

933 S.W.2d 635 (1996)

Teresa BURRHUS, Individually, as Parent and Next Friend of Christiana Burrhus, and as Representative of the Estate of Terralle A. Burrhus, Appellant, v. M&S SUPPLY, INC., Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled October 23, 1996.

Attorney(s) appearing for the Case

Gerald Y. Drought, Vincent A. Notzon, Martin, Drought & Torres, Inc., San Antonio, for appellant.

Frank E. Perez, Frank Perez & Associates, Brownsville, Will W. Pierson, Myra K. Morris, Royston, Rayzor, Vickery & Williams, L.L.P., Corpus Christi, Jan Ferguson, The Texas Property & Casualty Insurance Guaranty, Austin, Kelley G. Loud, Ross, Banks, May, Cron & Cavin, Houston, for appellee.

Before RICKHOFF, HARDBERGER and DUNCAN, JJ.

OPINION

DUNCAN, Justice.

The principle issue presented by this appeal is one of first impression—whether a trial court is required to exclude the testimony of a party's expert witness when the party fails to give notice that its expert will attend the deposition of the opposing party's expert. We hold that, while notice is required by Rule 200(2)(a), TEX.R.CIV.P,1 the trial court acted within its discretion in denying...

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