could not reach the merits of the motion to dismiss,” and “the court of appeals correctly determined that it lacked jurisdiction over [the healthcare defendant’s] appeal.” Id. Since Ogletree, many healthcare defendants have argued that courts of appeal have interlocutory jurisdiction under section 51.104(a)(9), even when a trial court enters an order denying a motion to dismiss which includes a section 74.351(c) order granting an extension, because if a timely served report is “so deficient that it [is] no report,” the trial court has no discretion to grant a thirty-day extension. In McKeever v. Cerny, two doctors appealed an order granting an extension and made such an argument. 266 S.W.3d 451, 454 (Tex.App.-Corpus Christi 2008, no pet.). The rep (Tex.App.-El Paso 2008, no pet.) (<HOLDING>). In support of his argument that this Court
holding that causation section of expert medical report was not eonclusory when read in context of entire report holding that rule was not violated where officer stated he made a report but was unable to find it because there was no report to tender to counsel holding trial court reversibly erred in not permitting appellant to withdraw his plea where court erroneously stated appellant could appeal motion was in fact not dispositive and appellant was entitled to rely on the courts statement holding no jurisdiction when trial court granted extension even though appellants argued expert report was so woefully deficient on necessary elements so as to constitute no report and report was missing experts curriculum vitae holding no jurisdiction where appellant argued report was no report because it failed to mention appellant in any substantive way but trial court found report was merely deficient on element of causation as to appellant and granted extension