In HealthSouth Corp. v. Searcy, 228 S.W.3d 907 (Tex. App.--Dallas 2007, no pet.), the plaintiff served the defendant health care provider with two expert reports. Id. at 908.
The defendant filed objections and a motion to dismiss based on those reports. Id. In response, the plaintiff filed amended expert reports and the defendant again objected and filed a motion to dismiss. Id. The plaintiff then filed a second amended report for one of the experts. Id.
The defendant filed no new objections or a motion to dismiss as to the second amended report. Id. at 909. The trial court denied the objections and motion to dismiss and the defendant appealed. Id. at 908. In its appeal, the defendant did not challenge the second amended report. Id. at 909.
In addressing the denial of the motion to dismiss, we held there was nothing for the Court to review as to the second amended expert report because the defendant did not challenge that report either in the trial court or on appeal. Id.