# Jose A. Perez v. Texas Medical Board and Mari Robinson, JD, in Her Official Capacity > Texas Court of Appeals, 3rd District (Austin) · February 19, 2015 URL: https://www.frixlaw.com/law-library/cases/4048622 ## Case - **Court:** Texas Court of Appeals, 3rd District (Austin) - **Decided:** February 19, 2015 - **Precedential status:** Published - **Opinion:** Opinion - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4048622 ## Opinion text ACCEPTED 03-14-00644-CV 4220978 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/19/2015 5:28:29 PM JEFFREY D. KYLE CLERK No. 03-14-00644-CV FILED IN 3rd COURT OF APPEALS __________________________________________________________________ AUSTIN, TEXAS 2/19/2015 5:28:29 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. AMENDED MOTION TO ABATE AND TO 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- Assuming , arguendo, that the Supplemental Record does not contain new information , Mr. Perez respectfully submits that he ought to be allowed to amend in order to, inter alia , be afforded the opportunity to cure substantive briefing defects before disposing of the appeal based on such defects rather than the merits, please see item 3 , infra. 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.” (emph added) 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 1Majeed v. Hussain, No. 03-08-00679-CV (Tex.App. Dist.3 10/22/2010) citing See Tex. R. App. P. 38.7 CERTIFICATE OF CONFERENCE A telephonic conference with Mr. Ross was held on February 19th, 2017 @ 2:00 PM regarding the merits of the instant motions and he stated that he objected. __________Jose A Perez__/s/____ CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing “ Appellant’s Amended Motion To Abate Appeal and To Amend His Initial Brief ” 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 Margaret.Evins@texasattorneygeneral.gov __________Jose A Perez__/s/____ --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4048622. Public record. Not legal advice.