regarding parallel provisions of former appellate rules
How later courts described this case
- regarding parallel provisions of former appellate rules
Written by the judges who cited it.
The opinion
ACCEPTED
03-14-00644-CV
4212534
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/19/2015 1:33:44 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00644-CV
FILED IN
3rd COURT OF APPEALS
__________________________________________________________________
AUSTIN, TEXAS
2/19/2015 1:33:44 PM
IN THE THIRD COURT OF APPEALS JEFFREY D. KYLE
AUSTIN, TEXAS Clerk
JOSE A. PEREZ
Appellant
Vs.
TEXAS MEDICAL BOARD and MARI ROBINSON JD, in her Official Capacity
Appellees.
MOTION TO ABATE AND AMEND APPELLATE BRIEF
Jose A. Perez, respectfully moves the Court to Abate and respectfully seeks
leave of Court to Amend the Appeal. As grounds therefore he shows:
1- By letter dated February 17th, 2015 the Third District Court of Appeals Clerk
informed Mr. Perez that the clerk filed a Supplemental Record. Mr. Perez
has contemporaneously requested that a copy of the same be provided to him
2- Mr. Perez has no idea what information the referenced record contains nor
the reason the same was not provided prior to Mr. Perez filing his initial
appellate brief.
3- The Third District Court1 has previously stated that:
The rules further instruct us to construe the briefing requirements "liberally"
and that "substantial compliance" is sufficient, as the point of having briefs in
the first place is merely to "acquaint the court with the issues in a case and to
present argument that will enable the court to decide the case" and not to
impose formal requirements as ends in themselves. Id. R. 38.9. The rules
further contemplate that appellate courts will afford parties the opportunity to
cure any formal or substantive briefing defects before disposing of the appeal
based on such a defect rather than the merits. See id.; see also Inpetco, Inc. v.
Texas Am. Bank/Houston, 729 S.W.2d 300, 300 (Tex. 1987) (regarding parallel
provisions of former appellate rules). Finally, "[a] brief may be amended or
supplemented whenever justice requires, on whatever reasonable terms the
court may prescribe." See Tex. R. App. P. 38.7.
Wherefore he respectfully moves the court to abate the appeal and to grant
leave to amend his initial appellate brief. .
Respectfully Submitted,
_______Jose A. Perez__/S/_______________
34 Candle Pine Place
The Woodlands, TX 77381
theaesculapius@gmail.com
281-673-0452
CERTIFICATE OF CONFERENCE
A telephonic conference with Mr. Ross was held on February 19th, 2017 @
2:00 PM regarding the merits of the instant motion and he stated that he objected.
__________Jose A Perez__/s/____
CERTIFICATE OF SERVICE
1Majeed v. Hussain, No. 03-08-00679-CV (Tex.App. Dist.3 10/22/2010) citing See Tex. R. App.
P. 38.7
It is hereby certified that a copy of the foregoing “ Plaintiff’s Motion To
Abate Appeal ” was served by emailing a copy thereof via the State efiling
system on this 19th Day of February 2015 to:
Ted A Ross, Esq
Assistant Attorney General
PO Box 12548
Austin, TX 78711-2548
ted.ross@texasattorneygeneral.gov
__________Jose A Perez__/s/____