Miguel Hernandez, M.d., Petitioner v. Julious Ebrom and Richard Hunnicutt, Respondents

Summary

The Texas Supreme Court held that a health‑care provider’s failure to take an interlocutory appeal of a trial‑court order denying a motion to dismiss does not waive the right to appeal that order after a plaintiff’s nonsuit and final judgment; it reversed and remanded the Court of Appeals decision. Chief Justice Jefferson’s dissent argued that the statute should require an immediate appeal when the plaintiff later prevails at trial.