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

Summary

The Texas Supreme Court held that a health‑care provider may file an interlocutory appeal of a trial court’s denial of a motion to dismiss under Tex. Civ. Prac. & Rem. Code § 74.351(b) even when the court also grants a 30‑day extension and the claimant has not served an expert report within the 120‑day deadline. The Court reversed the Court of Appeals’ dismissal of the appeal for lack of jurisdiction and remanded for consideration of the merits. Justice Brister, dissenting, argued that the statutory ban on appeals from extension orders applies regardless of whether a report was served.