The opinion
ACCEPTED
03-14-00644-CV
4217422
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/19/2015 3:41:35 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00644-CV
_____________________________________________________________
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
THIRD DISTRICT OF TEXAS 2/19/2015 3:41:35 PM
AUSTIN, TEXAS JEFFREY D. KYLE
Clerk
_____________________________________________________________
JOSE A. PEREZ,
Appellant,
v.
TEXAS MEDICAL BOARD, et al.,
Appellees.
____________________________________________________
On Appeal from the 53rd Judicial District Court of Travis County, Texas
No. D-1-GN-14-001172
____________________________________________________
APPELLEES’ RESPONSE TO APPELLANTS’ MOTION TO ABATE
APPEAL AND AMEND APPELLATE BRIEF
____________________________________________________
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:
Appellees, the Texas Medical Board and Mari Robinson, in her Official
Capacity (collectively “TMB”), by and through the Office of the Attorney General
of Texas and the undersigned Assistant Attorney General, submit the following
response to the Motion to Abate Appeal and Amend Appellate Brief filed by
Appellant, Jose Perez (“Perez”). In support, the TMB shows the Court as follows:
1. Perez wants this Court to abate the captioned appeal so he can amend
his initial brief. The basis for the request is that he did not receive the supplemental
clerk’s record before filing his initial brief.
2. There is nothing in the supplemental clerk’s record that Perez did not
have in his possession long before he filed his brief in this appeal. See Exhibit A
(Index to supplemental clerk’s record). As shown on the index, there are only four
substantive documents in the record, those being (1) Perez’s own petition; (2) the
TMB’s Plea to the Jurisdiction and Original Answer and General Denial, and
Affirmative Defenses; (3) the TMB’s First Amended Plea to the Jurisdiction; and
(4) the TMB’s brief in support of its Amended Plea to the Jurisdiction. The TMB
filings were all served on Perez on the date they were filed, the latest date being
August 13, 2014. Suppl. CR 55, 59, 69. The initial clerk’s record was filed on
November 14, 2014, and Perez had thirty days thereafter to file his initial brief.1
3. In addition, the TMB requested its filings which are contained in the
supplemental record through its counter-designation filed in the district court on
October 15, 2014. That document was also served on Perez on that date.2
1
There is no reporter’s record in this appeal.
2
For reasons unknown to the TMB, the District Clerk did not actually assemble the supplemental
record and submit it to the Clerk of this Court until the TMB had discovered in early February that
it had not been filed. The TMB sent a reminder to the clerk at that time.
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4. Moreover, Perez has the right to file a reply brief on or before March
10, 2015 to address the issues raised in the TMB’s brief (filed on February 18, 2015).
5. There is simply no way Perez can claim surprise by anything in the
supplemental clerk’s record.
For the foregoing reasons, the TMB respectfully requests that Perez’s motion
be denied.
Dated: February 19, 2015.
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
JAMES E. DAVIS
Deputy Attorney General for Civil Litigation
DAVID A. TALBOT, JR.
Division Chief, Administrative Law Division
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/s/ Ted A. Ross
Ted A. Ross
Assistant Attorney General
State Bar No. 24008890
OFFICE OF THE TEXAS ATTORNEY GENERAL
ADMINISTRATIVE LAW DIVISION
P. O. Box 12548
Austin, Texas 78711-2548
Telephone: (512) 475-4191
Facsimile: (512) 457-4674
Email: ted.ross@texasattorneygeneral.gov
Attorneys for Appellees Texas Medical Board and
Mari Robinson
CERTIFICATE OF SERVICE
I hereby certify that, in compliance with Rule 9.5 of the Texas Rules of
Appellate Procedure, a true and correct copy of the above and foregoing document
has been served on the following on this the 19th day of February 2015:
Jose A. Perez, pro se Via: Electronic Mail and
34 Candle Pine Place CMRRR #7006 2150 0005 6812 6434
The Woodlands, Texas 77381
Email: theaesculapius@gmail.com
/s/ Ted A. Ross
Ted A. Ross
Assistant Attorney General
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EXHIBIT A
FILED DATE DOCUMENT DESCRIPTION DOCUMENT CATEGORY PAGE
ANSWER & ADDITIONAL ANSWER & ADDITIONAL
PLEADING PLEADING
8lßl2al4 BRIEF