### NO. 03- 14

- 00644

- CV

_____________________________________________________________

IN THE COURT OF APPEALS
THIRD DISTRICT OF TEXAS AUSTIN, TEXAS

_____________________________________________________________

JOSE A. PEREZ, Appellant
,

v.

TEXAS MEDICAL BOARD, et al.
, Appellees

.

____________________________________________________

On Appeal from the 53rd Judicial District Court of Travis County, Texas
No. D-1- GN

- 14 -001172

____________________________________________________

APPELL EES’ RESPONSE TO APPELLANTS’ MOTION TO ABATE

APPEAL AND AMEND APPELLATE BRIEF

____________________________________________________

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Appell ee s , the Texas Medical Board and Mari Robinson, in her Official

Capacity (collectively “TMB”) , by and through the Office of the Attorney General

of Texas and the undersigned Assistant Attorney General, submit the following

response to the Motion to Abate Appeal and Amend Appellate Brief filed by

Appellant, Jose Perez (“Perez”) . In support, the TMB shows the Court as follows: ACCEPTED
03-14-00644-CV

4217422 THIRD COURT OF APPEALS

AUSTIN, TEXAS
2/19/2015 3:41:35 PM
JEFFREY D. KYLE

CLERK2

1. Perez wants this Court to abate the captioned appeal so he can amend

his initial brief. Th e basis for the request is that he did not receive the supplemental

clerk’s record before filing his initial brief.

2. There is nothing in the supplemental clerk’s record that Perez did not

have in his possession long before he filed his brief in this appe al

. See Exhibit A

(Index to supplemental clerk’s record). As shown on the index, there are only four

substantive documents in the record, those being (1) Perez’s own petition; (2) the

TMB’s Plea to the Jurisdiction and Original Answer and General Denial, and

Affirmative Defenses; (3) the TMB’s First Amended Plea to the Jurisdiction; and

( 4 ) the TMB’s bri ef in support of its Amended Plea to the Jurisdiction. The TMB

filings were all served on Perez on the date they were filed , the latest date being

August 13, 2014. Suppl. CR 55, 59, 69. The initial clerk’s record was filed on

November 14 , 2014, and Pere z had thirty days thereafter to file his initial brief. 1

3. In addition, the TMB requested its filings which are contained in the

supplemental record through its counter

- designation filed in the district court on

October 15, 2014. That document was also s erved on Perez on that date. 2

1 There is no reporter’s record in this appeal.

2 For reasons unknown to the TMB, the District Clerk did not actually assemble the supplemental
record and submit it to the Clerk of this Court until the TMB had discovered in early February that

it had not been filed. The TMB sent a reminder to the clerk a t that time.3

4. Moreover, Perez has the right to file a reply brief on or before March

10, 2015 to address the issues raised in the TMB’s brief (filed on February 18, 2015).

5

. There is simply no way Perez can claim surprise by anything in the

supplemental clerk’s record.

For the foregoing reasons, the TMB respectfully requests that Perez’s motion

be denied.

Dated: February 19, 2015.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY
First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

DAVID A. TALBOT, JR. Division Chief, Administrative Law Division4 /s/ Ted A. Ross

Ted A. Ross Assistant Attorney General

State Bar No. 24008890

O FFICE OF THE T EXAS A TTORNEY G ENERAL A DMINISTRATIVE L AW D IVISION P. O. Box 12548 Austin, Texas 78711

- 2548
Tele p hone: (512) 475

- 4191 Facsimile: (512) 457

- 4674 Email: ted.ross@texasattorneygeneral.gov Attorneys for Appellee s Texas Medical Board and
Mari Robinson

CERTIFICATE OF SERVICE

I hereby certify that, in compliance with Rule 9.5 of the Texas Rules of Appellate Procedure, a true and co rrect copy of the above and foregoing document has been served on the following on this the 1 9 th d ay of February 201 5 : Louis Leichter Jose A. Perez, pro se Via: Electronic Mail and

34 Candle Pine Place CMRRR # 7006 2150 0005 6812 6434 The Woodlands, Texas 77381
Email: theaesculapius@gmail.com
/s/ Ted A. Ross
Ted A. Ross Assistant Attorney General

# EXHIBIT AFILED 

### DATE DOCUMENT 

### DESCRIPTION DOCUMENT 

### CATEGORY PAGE

ANSWER & ADDITIONAL PLEADING ANSWER & ADDITIONAL PLEADING



## 8lßl2al4 BRIEF