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 from an order denying a motion to dismiss an expert report does not waive the provider's right to appeal that order after the plaintiff nonsuits and a final judgment is entered. The Court based its decision on the plain‑meaning of the statutory word "may" and the absence of any statutory penalty for not appealing interlocutorily. The judgment of the Court of Appeals was reversed and remanded for consideration of the merits.