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 

____________________________________________________ 

APPELLEES’ RESPONSE TO APPELLANTS’ MOTION TO ABATE 

APPEAL AND AMEND APPELLATE BRIEF 

____________________________________________________ 

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS: 

Appellees, 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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/19/2015 3:41:35 PM JEFFREY D. KYLE Clerk
2

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

his initial brief. The 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 appeal. 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 brief 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 Perez 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 served 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 at 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 Division
4

/s/ Ted A. Ross

Ted A. Ross

Assistant Attorney General

State Bar No. 24008890

OFFICE OF THE TEXAS ATTORNEY GENERAL

ADMINISTRATIVE LAW DIVISION

P. O. Box 12548

Austin, Texas 78711-2548

Telephone: (512) 475-4191

Facsimile: (512) 457-4674

Email: ted.ross@texasattorneygeneral.gov

Attorneys for Appellees 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 correct copy of the above and foregoing document 

has been served on the following on this the 19th day of February 2015:

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 A
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ANSWER & ADDITIONAL

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ANSWER & ADDITIONAL

PLEADING

8lßl2al4 BRIEF