S. Murthy Badiga, M.d., Petitioner v. Maricruz Lopez, Respondent

Summary

The Texas Supreme Court held that a health‑care provider may immediately appeal the denial of a motion to dismiss under Tex. Civ. Prac. & Rem. Code § 74.351(b) even when the trial court also grants a 30‑day extension, provided no expert report was timely served. The Court reversed the Court of Appeals' dismissal of the interlocutory appeal and remanded for consideration of the merits. Justice Brister dissented, arguing that the statutory ban on appealing extensions applies regardless of whether a report was filed.