Kalyn Peterson, Individually and as Heir to Jacob Peterson v. D&S Residential Services, LP

Summary

The Texas Court of Appeals for the Second District dismissed the appeal for want of jurisdiction. The court held that the appeal from the Chapter 74 expert-report order was untimely and that the nonfinal order granting the Rule 91a motion was neither a final judgment nor an appealable interlocutory order. The opinion was issued per curiam on December 4, 2025.

Holdings

1. The court lacked jurisdiction over the appeal from the Chapter 74 order because the notice of appeal was not timely filed in the accelerated appeal.
2. A nonfinal order granting a Rule 91a motion to dismiss is not appealable unless it is a final judgment or falls within a statutory category of appealable interlocutory orders.

Questions Presented

1. Whether the court of appeals had jurisdiction over the appeal from the Chapter 74 order when the notice of appeal was filed after the applicable accelerated-appeal deadline.
2. Whether the court of appeals had jurisdiction over the appeal from the Rule 91a dismissal order when the order was nonfinal and was not among the interlocutory orders made appealable by statute.

Disposition

dismissed