Eric Drake v. Seana Willing ( 2015 )

/'RECEIVED ^ SEP 3 0 2015 No:03-14-00665-CV XTHRDCOUWOF APPEALS. IN THE COURT OF APPEALS FOR THE THIRD JUDICIAL DISTRICT OF TEXAS AT AUSTIN, TEXAS ERIC DRAKE Plaintiff-Appellant September 30, 2015 v. KASTL LAW FIRM P.C. ET AL Defendant-Appellee ON APPEAL FROM THE 200th DISTRICT COURT TRAVIS COUNTY, AUSTIN, TEXAS Trial Court No. D-l-GN-14-001215 BREIF OF APPELLANT ERIC DRAKE Eric Drake Pro-Se Appellant PO Box 833688 Richardson, Texas 75083 214-477-9288 ORAL ARGUMENT REQUESTED IDENTITY OF PARTIES AND COUNSEL Plaintiff/Appellant/Petitioner Eric Drake Pro-Se P.O. Box 833688 Richardson, Texas 75083 (214) 477-9288 Defendants/Appellee/Respondents Seanna Willing Scot Graydon 300 West 15th Street, Ste 2 Austin, Texas 78701 512-475-4413 David Harris Carl Ginsberg 300 West 15™ Street, Ste 2 Austin, Texas 78701 Telephone: 512-475-4413 Kristina KastI Kastl Law P.C. 4144 N. Central Expressway Ste 300, Dallas, Texas 75204 Telephone: 214-821-0230 Frank Waite Vikki Ogden 411 Elm Street, Ste 500 Dallas, Texas 75202 Telephone: 214-653-7568 MOTION TO RECONSIDER AND OBJECTION TO COURT IGNORING THE PETITIONER'S MOTION TO RECUSE REQUESTS FOR APPELLANT'S RE-HEARING TO BE REVIEWED AND HEARD BY THE ILLINOIS FIRST DISTRICT APPELLATE COURT (FIRST DIVISION! TO THE NOT SO HONORABLE JUSTICES: Appellant has not witnessed such corruption in any courts as he has in the Travis County courts, including this appellate court. And as promised the Appellant have sued each and every justice in this Court, and each and every justice in the Supreme Court, which is also racially inclined. However, the Appellant files his Motion to Reconsider or Re-hearing but objects to this Court considering his motion because of the obvious racism and prejudice shown to the Appellant by members of this Courts justices, which the Appellant view as no more than racially charged hoodlum's with black robes. Appellant does not believe that this Court has the ability to be impartial to him, thus he seeks another appellate court to review this Court's decision, the First District Appellate Court (First Division) in the state of Illinois. This Court's many cover-ups and errors demand that another impartial court review this Court's ridiculous opinion. This Court overruled the fact that Judge Ramsay wasn't properly assigned is a joke. And the reason why the Appellant must sued all of the justices in this Court. Rule 18 of the TRCP is not for argument, because there is too much of case law that supports the Appellant brief. Moreover, Warren Vavra claimed that he was a judge, this fraudulent action cannot be waived, further, the Appellant did complain about Warren Vavra in the trial court's record. Warren Vavra will be sued. The Court is either blatantly ignorant to the law or case law or is totally incompetent, or has conspired with the Attorney Generals Office to make sure that the Appellant remains a vexatious litigant. This will cost the assistant attorney general and the justices who have conspired with them a demand of $50,000,000.00. The Court's argument regarding David Philips and Stephen Yelenosky is a matter of outright incompetence. The Court is incorrect in their assumption and how they have drawn to any conclusion. Apparently, Mr. Fields is not familiar with case law or is a racist or both. In either case, the Court is completely wrong. The Court ignores the assistant attorney generals fraud, thus a means to cover-up the truth and will result in a federal lawsuit. Overall the Court has completely ignored the law. Appellant is asking for a review of his brief by another Court away from such bigotry. On each point the Court failed to convince the Appellant that its argument was even reasonable. The Court refused oral arguments, and it shows through its racially motivated and reckless ways of trying to make a poor argument that the decision should be sustained. Year of litigation will be filed from this point on over this matter and the Appellant will not stop until justice is done. WHEREFORE, APPELLANT ERIC DRAKE respectfully requests that: a). The Court transfers the above appeal to the First District Appellate Court (First Division) in the state of Illinois; b). If the Court refuses to transfer the above appeal that the Court reverse its pathetic decision it made in the above appeal after reviewing the Appellant's motion to reconsider and name a new panel of justice to review Appellant's motion filed herein. However, the Appellant has sued all of the justices of this Court. Respectfully submitted, Eric Drake P.O. Box 833688 Richardson, Texas 75083 214-477-9288 CERTIFICATE OF SERVICE I hereby certify this the _J£fj^fday of September, 2015,1 served the foregoing "Motion," by causing four paper copies sent by certified first-class U.S. Mail to the Clerk of the Court of the 2nd Court of Appeals Dallas, and one copy was Hand Delivered to appellees legal counsel. iric Drake CERTIFICATE OF CONFERENCE I hereby certify this the -A"day of September, 2015,1 attempted to conference with the opposing counsel but after three attempts he was unable to be contacted. Appellant therefore files this motion to this Court for its judgment. Finally, the Appellant contacted opposing counsel but only the opposing counsel refused to respond. Eric Drake