Alphonso Crutch Life Support Center v. Michael L. Williams, Commissioner of Education Holland Timmons, Designee of the Commissioner And the Texas Education Agency

• Court: Court of Appeals of Texas
• Decided: November 10, 2015
• Docket: 03-13-00789-CV
• Status: Published

Opinion

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.