# Extreme Tactics & Training Solutions, LLC v. Garcia

Supreme Court of Texas, No. 24-0954

**Extreme Tactics & Training Solutions, LLC v. Garcia, No. 24-0954, is before the Supreme Court of Texas. Key issue: The Court granted the petition, vacated the trial court's and court of appeals' judgments, and remanded for rendition of judgment under the parties' settlement without reaching the merits, but denied the request to vacate the court of appeals' opinion.**

Practice areas: civil procedure, personal injury

## Key issues

- The Court granted the petition, vacated the trial court's and court of appeals' judgments, and remanded for rendition of judgment under the parties' settlement without reaching the merits, but denied the request to vacate the court of appeals' opinion.
- The petition presented whether a threshold expert report that failed to address causation can be a good-faith effort under Civil Practice and Remedies Code chapter 128, which governs claims against shooting ranges.

## Factual History
Extreme Tactics and Training Solutions, LLC operates a shooting range in Waxahachie with 28 bays and long-distance rifle ranges. Robert Garcia, who lives about 1.8 miles away, said that around May 20, 2020, he heard a bullet ricochet and found a bullet impact on his pickup, and sued the range to enjoin its operation and for damages under a nuisance theory and chapter 128 (Petition for Review, PDF pp. 13-14).

## Procedural History
The trial court held Garcia's expert report, the affidavit of Richard Whiting, was not a good-faith effort because it did not address causation, and the Thirteenth Court of Appeals (Corpus Christi-Edinburg) reversed (704 S.W.3d 828). The range petitioned for review on January 8, 2025; the parties then settled, and on May 16, 2025 the Court granted their joint motion in part.

## Issues Presented
Whether the court of appeals erred in treating an expert report that failed to address causation as a good-faith effort, creating a conflict with other courts of appeals, and whether it erred in overturning the trial court's discretionary ruling (Petition for Review, PDF p. 11).

## Legal Arguments
**Extreme Tactics (Petitioner):** a chapter 128 report must address the standard of care, breach and causation, and the Whiting report did not address causation. **Garcia (Respondent):** his expert report complied with the statute, and any doubt should be resolved by allowing time to cure (Petition for Review, PDF p. 16; Response, PDF p. 9).

## Stated Reasons the Court Should Take the Case
Not applicable; the case ended on a motion.

## Practice Area Tags
civil-procedure, personal-injury

## Procedural Posture/Vehicle
Petition for review from the Thirteenth Court of Appeals in a gun-range suit; disposed under Rule 56.3 on a joint motion pursuant to settlement (May 16, 2025 orders). See the concurring opinion issued in No. 24-0206, Megatel C90-2, Inc. v. Bank of Utah.

## Amicus Involvement
None noted

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Source: The SCOTX Report, https://scotxreport.com/cases/24-0954. AI-generated summary of the Court's opinion, orders and the parties' briefs, with pin cites to the page of each document; verify against the Court's own documents at search.txcourts.gov.