Collins v. Collins
In Collins v. Collins, 904 S.W.2d 792 (Tex.App.--Houston 1st Dist. 1995, writ denied) the husband attempted to give a lay opinion about the value of his corporation for purposes of the division of community property.
Mr. Collins was asked at his deposition whether he planned to provide any evidence regarding value, either personal opinion or expert opinion. He answered, "No." Id. at 800. His attorney stipulated that he would notify Mrs. Collins' attorney if any changes arose. Id.
The court ultimately held that the trial court abused its discretion by allowing Mr. Collins to testify. Id. at 802.
The court relied on Rule 166b(6)(a)(2), which requires a party to supplement its responses at least thirty days before trial. When an expert changes his opinion about a material issue after being deposed, Rule 166b(6)(b) requires the party to supplement discovery. Id. at 801