Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director// Ellen Jefferson, D.V.M. v. Ellen Jefferson, D.V.M.// Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director

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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