dissenting.
A party may file a no-evidence summary judgment “[ajfter adequate time for discovery.” Tex.R. Civ. P. 166a(i). However, there is no requirement that discovery be completed; the requirement is an adequate amount of time. Specialty Retailers, Inc. v. Fuqua, 29 S.W.3d 140, 145 (Tex.App.-Houston [14th Dist.] 2000, pet. denied). Whether a nonmovant had adequate time for discovery under rule 166(a)(i) is case specific, and there is no bright line test to determine whether an adequate time for discovery has passed. See Rest. Teams Int'l, Inc. v. MG Sec. Corp., 95 S.W.3d 336, 339 (Tex.App.-Dallas 2002, no pet.). Rather, we consider a number of factors to determine whether a trial court allowed adequate time for discovery. See Specialty Retailers, 29 S.W.3d at 145.
Although some factors in this case indicate there may have been inadequate time for discovery, I conclude the trial court acted within its discretion by finding Mclnnis had an adequate time for discovery. Trial courts may presume a plaintiff investigated his own case prior to filing suit. See Carter v. MacFadyen, 93 S.W.3d 307, 311 (Tex.App.-Houston [14th Dist.], pet. denied). Here, Mclnnis filed suit on May 23, 2005, and the lawsuit had been on file for seven months before the court ruled on the motion for summary judgment.
A trial court commits an abuse of discretion only when it acts in an arbitrary or unreasonable manner or acts without reference to any guiding rules or principles. Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex.1999). After reviewing the record, I cannot conclude the trial court acted in either an arbitrary or unreasonable manner or acted without reference to guiding rules or principles. Accordingly, I respectfully dissent.