ACCEPTED
03-13-00789-CV
7757694
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/10/2015 9:52:18 AM
JEFFREY D. KYLE
CLERK
No. 03-13-00789-CV
In the Court of Appeals FILED IN
3rd COURT OF APPEALS
for the Third Judicial District AUSTIN, TEXAS
11/10/2015 9:52:18 AM
Austin, Texas JEFFREY D. KYLE
Clerk
ALPHONSO CRUTCH LIFE SUPPORT CENTER,
Appellant,
v.
MICHAEL L. WILLIAMS, COMMISSIONER OF EDUCATION;
HOLLAND TIMMINS, DESIGNEE OF THE COMMISSIONER; AND
THE TEXAS EDUCATION AGENCY,
Appellees.
On Appeal from the
261st Judicial District Court, Travis County, Texas
UNOPPOSED MOTION FOR LEAVE TO FILE
SUPPLEMENTAL LETTER BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to Texas Rule of Appellate Procedure 38.7, Appellees
Michael L. Williams, Holland Timmins, and the Texas Education Agency
move for leave to file a supplemental letter brief that updates the Court
on litigation related to this appeal. The supplemental letter brief is being
filed concurrently with this motion.
1
I.
Appellant Alphonso Crutch Life Support Center made multiple
references in its briefs in this case to its allegation that it had been
underfunded by the Commissioner and that it had filed suit regarding
those funding decisions. See, e.g., Appellant’s Br. 2-3, 7, 10-11, 37. A
district court in Travis County has now heard that separate funding
lawsuit and ruled in favor of the Commissioner, finding that he did not
act ultra vires or violate Crutch’s equal-protection rights. Crutch has
appealed that judgment to this Court. Alphonso Crutch Life Support Ctr.,
Inc. v. Williams, No. 03-15-00509-CV.
Appellees continue to believe that the funding question is separate
from the non-renewal issue presented in this lawsuit. But given the
statements in Crutch’s brief, Appellees wished to inform the Court of the
most recent development in the related litigation, should the Court find
it relevant. The supplemental letter brief makes no legal arguments, but
simply informs the Court of the decision and attaches the judgment,
findings, and conclusions. This motion is unopposed by Crutch.
2
II.
For these reasons, Appellees respectfully request that the Court
grant them leave to file a supplemental letter brief.
Respectfully submitted.
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
SCOTT A. KELLER
Solicitor General
/s/ Beth Klusmann
Beth Klusmann
Assistant Solicitor General
State Bar No. 24036918
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
(512) 936-1914
(512) 474-2697 [fax]
Beth.Klusmann@texasattorneygeneral.gov
COUNSEL FOR APPELLEES
3
CERTIFICATE OF SERVICE
On November 10, 2015, this Unopposed Motion for Leave to File
Supplemental Letter Brief was served via electronic mail and certified
U.S. mail, return receipt requested on:
Mr. Gary L. Bledsoe
POTTER BLEDSOE, LLP
316 West 12th Street, Suite 307
Austin, TX 78701
garybledsoe@sbcglobal.net
Counsel for Appellant
/s/ Beth Klusmann
BETH KLUSMANN
CERTIFICATE OF CONFERENCE
I certify that I e-mailed Gary Bledsoe, counsel for Appellant, and
that he is unopposed to this motion.
/s/ Beth Klusmann
BETH KLUSMANN
4