In Ft. Brown Villas III Condominium Ass'n, Inc. v. Gillenwater, 285 S.W.3d 879, 881 (Tex. 2009), the Court examined the trial court's striking of an expert's affidavit after Gillenwater failed to timely disclose the expert pursuant to a scheduling order, and held that the trial court did not abuse its discretion in striking the affidavit under Tex. R. Civ. P Rule 193.6.
The Court also determined that Gillenwater had failed to establish good cause or lack of unfair surprise or undue prejudice to overcome the exclusion of the expert. Id.