ACCEPTED
03-14-00774-CV
6485609
THIRD COURT OF APPEALS
LAW OFFICE AUSTIN, TEXAS
8/13/2015 2:15:39 PM
DAVIS, GERALD & CREMER JEFFREY D. KYLE
A P RO FESSIO N AL C O RPO RATIO N CLERK
111 C O N GRESS A VE ., S U ITE 1660
A U STIN , T EXAS 78701
RYAN CLINTON FILED
TELEPHONE IN 537-9938
(512)
3rd COURT OF APPEALS
FAX (432) 687-1735
AUSTIN,
EMAIL TEXAS
: rdclinton@dgclaw.com
8/13/2015 2:15:39 PM
JEFFREY D. KYLE
August 13, 2015 Clerk
V IA EFSP
Jeffrey D. Kyle, Clerk
Third Court of Appeals
P. O. Box 12547
Austin, TX 78711-2547
Re: No. 03-14-00774-CV; Texas State Board of Veterinary Medical Examiners and
Nicole Oria, in her Official Capacity as Executive Director v. Ellen Jefferson,
D.V.M.
Dear Mr. Kyle:
On Monday, August 10, 2015, the Texas Board of Veterinary Medical Examiners
(“TBVME”) and Nicole Oria, in her Official Capacity as Executive Director, filed a motion to abate
Dr. Ellen Jefferson’s appeal in this matter—but not the TBVME’s own appeal in the same matter.
In the alternative, the TBVME and Oria moved for additional time to file their Appellee’s brief.
While Dr. Jefferson does not oppose the agency’s alternative request for additional time to
file its brief, Dr. Jefferson does oppose the agency’s request to abate her appeal. As such, we write
to inform the Court that Dr. Jefferson is preparing and will file an opposition to the TBVME’s
motion to abate her appeal.
In addition, because the agency’s motion to abate Dr. Jefferson’s appeal is frivolous, we
anticipate requesting an award of attorneys’ fees from the TBVME and its counsel for necessitating
the preparation of a response to their motion.
Yours very truly,
/s/ Ryan Clinton
Ryan Clinton
Counsel to Dr. Ellen Jefferson, DVM
RDC:jm
August 13, 2015
Page 2
cc: V IA EFSP
David F. Brown
David P. Blanke
Ewell, Brown & Blanke, LLP
111 Congress Ave., 28th Floor
Austin, TX 78701
V IA EFSP
Mr. Ted A. Ross
Office of the Attorney General
of Texas
Administrative Law Division
P. O. Box 12548
Austin, TX 78711