Jose A. Perez v. Texas Medical Board and Mari Robinson, JD, in Her Official Capacity ( 2015 )

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/____