Rory Lewis, M.d., Petitioner v. Dewayne Funderburk, as Next Friend of Whitney Funderburk, Respondent

Summary

The Texas Supreme Court reversed the Tenth Court of Appeals, holding that the appellate court had jurisdiction to review the trial court's order denying dismissal and granting a 30‑day extension because the order falls under §51.014(a)(9) as an appealable denial of dismissal under §74.351(b). The Court also held that a claimant may cure a deficient expert report by submitting a report from a separate expert. Justice O’Neill, in a concurring opinion, argued that the plaintiff could have appealed the initial denial of dismissal when no report was filed.