Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/19/2015 5:28:29 PM JEFFREY D. KYLE Clerk No. 03-14-00644-CV THIRD COURT OF APPEALS 2/19/2015 5:28:29 PM JEFFREY D. KYLE 03-14-00644-CV AUSTIN, TEXAS *1 ACCEPTED ^[4220978] CLERK __________________________________________________________________

IN THE THIRD COURT OF APPEALS

AUSTIN, TEXAS 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 17 , 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 Court ^[1] 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

^[1] Majeed 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 19 th , 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 19 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/____