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

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/____