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

Summary

The Texas Supreme Court held that the Tenth Court of Appeals had jurisdiction to review Dr. Lewis's interlocutory appeal because the trial court's denial of dismissal fell under §74.351(b), which is immediately appealable, and affirmed that a claimant may cure a deficient expert report by substituting a different expert. The Court reversed the appellate court’s dismissal for lack of jurisdiction and remanded for consideration of the expert report’s adequacy. Justice O’Neill and Justice Willett each filed concurring opinions noting differing bases for jurisdiction and the need to resolve the appealability of joint dismissal‑extension orders.