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Emeritus Corp. v. Highsmith, 211 S.W.3d 321 (Tex. App. 2006)

Plaintiffs filed their expert report on August 29, 2005. The 120th day after filing the complaint was July 4th. Defendant assisted living facility moved to dismiss the complaint and the trial court denied the motion. On appeal, Plaintiffs argued that an abatement order extended the time for filing the report. The court held that the abatement order was not the kind of bilateral agreement required under the statute to extend the period of time for filing the expert report and therefore it did not extend the 120 day statutory deadline. The trial court erred in denying the motion to dismiss.

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