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Jafar v. Mohammed, 4/12/16
April 20, 2017

In a partnership dispute, an expert who had not been designated under Tex. R. Civ. P. 195.2(a) by the deadline imposed by a docket control order under Tex. R. Civ. P. 190.4 was properly excluded under Tex. R. Civ. P. 193.6(a) absent evidence of good cause or of lack of unfair surprise or prejudice. An appraiser’s expert testimony and appraisal report were reliable and admissible under Tex. R. Evid. 702 because the appraiser properly used the income approach to value the business and relied upon financial records and other historical data reflecting conditions at the time of a partner’s withdrawal. The withdrawal was not wrongful absent evidence of a breach of the partnership agreement or other conduct specified in Tex. Bus. Orgs. Code Ann. ? 152.503(b), and thus a fair market value award under Tex. Bus. Orgs. Code ? 152.602(a) (2012) was proper. The lower court?s ruling was affirmed by the appellate court.