Desai v. Garcia

In Desai v. Garcia, No. 09-06-332-CV, 2006 WL 3627008 (Tex. App.--Beaumont Dec. 14, 2006, no pet. h.), the claimant filed suit against Dr. Desai and served Desai with a "Second Addendum" to a previous report. More than twenty-one days after being served with the report, Desai filed a motion to dismiss asserting for the first time that the expert's report was statutorily insufficient. The Court held that Desai's objections to the sufficiency of the Tex. Civ. Prac. & Rem. Code 74.351(a) reports were waived because Desai had not timely objected. Id.