Eric Drake v. Seana Willing ( 2015 )


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  •                                                    May 21, 2015
    No:03-14-00665-CV
    IN THE COURT OF APPEALS FOR
    THE THIRD JUDICIAL DISTRICT OF TEXAS
    AT AUSTIN, TEXAS
    ERIC DRAKE
    Plaintiff-Appellant
    v.
    KASTL LAW FIRM P.C. ET AL
    Defendant-Appellee
    ON APPEAL FROM THE 200™ DISTRICT COURT
    TRAVIS COUNTY, AUSTIN, TEXAS
    Trial Court No. D-l-GN-14-001215
    APPELLANT ERIC DRAKE'S
    RESPONSE TO APPELLEES BRIEF
    Eric Drake
    Pro-Se
    Appellant
    PO Box 833688
    Richardson, Texas 75083
    214-477-9288
    RECEIVED
    APPELLANT ERIC DRAKE'S
    RESPONSES TO APPELLEES BRIEF
    TO HONORABLE JUSTICES OF SAID COURT:
    Appellant Eric Drake files this response to Appellees brief in the
    above entitled and numbered appeal.
    Appellee brief continues with their misconceptions and intentional
    distortions regarding recusal of judges in Texas state courts. Once a motion
    for recusal is filed in a state proceeding, nothing can take place until the
    proper procedures pursuant to Tex. R. Civ. P., 18a and 18b are undertaken,
    which did not occur in the pending legal case before this Court.
    All of the Appellant's objections in his brief are reinforced in this
    response to Appellees brief, and the Appellant see's no value in restating
    them. After Charles Ramsay was made aware of the recusals, he should have
    stopped all proceedings, and his failure was an abuse of discretion.
    The notion that Appellant cannot object to Warren Vavra is also
    erroneous or that any objection to him is waived. The secretary in Mr. Vavra
    office referred to him as "the judge," and Scott Graydon referred to him as a
    judge—when he is not a judge. "Despite doing nothing to make trial court
    aware ofthepotentially disqualifying circumstance, is not deemed to have
    waived the issue and may raise the issue ofthe trialjudge's disqualification
    for thefirst time on appeal" In re D.D., Jr., 
    2010 WL 3718564
     (Tex. App.-
    -Amarillo 2010). Drake never waived his objection to a court employee who
    was masquerading as a judge. Vavra impersonating a judge is a violation of
    the TRCP and other Texas laws. The trial court not acting on the Appellant's
    motion to recuse was an abuse of discretion, and thus as previously stated in
    Drake's original brief all orders sign are void. In re Kiefer, 
    2010 WL 2220588
     (Tex. App.—Dallas 2010, no pet.). Appellees alleged that there
    was good cause, but in this case there is never no good cause to violate
    TRCP 18a and 18b, nor good cause for Graydon to commit perjury.
    The presiding judge never ruled on Drake motion to recuse. TRCP
    18a(f)(l)(B). In re Norman; In re Perritt. Furthermore, it is a mandatory
    requirement that the appointment of a judge must be by either the presiding
    judge of the administrative region, or the Chief Justice of the Texas Supreme
    Court, therefore, Vavra appointment of a judge would be considered as a
    constitutional disqualification which cannot be waived. Spigener v. Wallis,
    
    80 S.W.3d 174
    , 180 (Tex.App.-Waco 2002, no pet), See TRCP 18a(b)(2),
    (g)(3)(B); Freedom Comms. V. Coronado; Buckholts ISD v. Glaser; and
    Jennings v. Garner.
    The entire proceeding to declare Appellant a vexatious litigant on
    August 19, 2014 occurred without proper legal procedure, because there was
    an effort to push the matter through to declare Appellant as a vexatious
    litigant at any cost, even at the cost of perjury, the appointing of visiting
    judges by someone who is not authorized to do so by the TRCP, and a
    visiting judge who is aware of the pending recusals that the Appellant filed,
    and the fact that those recusals had not been ruled on, nevertheless, Judge
    Ramsay continued to hear the legal proceeding was not only error but Drake
    believes a conspiracy—especially after reviewing Ramsay's history of
    hatred of nonwhites. Drake was entitled to a hearing, which did not occur.
    See TRCP 18a(g)(6). Moreover, again, the hearing wasn't even set on the
    court's docket. Appellant was at the trial court to pick up records.
    Appellees filed their frivolous motion to strike because they are fully
    aware after reviewing the Appellant's brief that their argument is also
    frivolous, and without factual legal support in their brief.
    Regardless of how this Court rules, Seana Willing, Scott Graydon,
    Charles Ramsay, Warren Vavra and others who are involved in wrongfully
    declaring the Appellant a vexatious litigant will be sued for $25,000,000.00.
    Graydon, Willing, Vavra, and Ramsay will not be able to hide behind any
    immunity, because their efforts were part of a criminal act and intentional
    conspiracies against the Appellant on account of his race.
    How this Court rules will not affect the Appellant's filing of a lawsuit
    in federal court for damages. However, if the Appellant has to appeal this
    matter to the Texas Supreme Court (Petition for Reivew), and again to the
    U.S. Supreme Court to reverse the order declaring him a vexatious litigant,
    the amount of damages will increase.
    Appellant requests all and any relief that he has already requested in
    his original brief, and any other relief that the court may grant him that he
    may show justification.
    Respectfully submitted:
    Eric Drake
    PO Box 833688
    Richardson, Texas 75083
    214-477-9288
    CERTIFICATE OF SERVICE
    I hereby certify that on April 12, 2015, I served the foregoing
    "APPELLANT' REPLY BRIEF," by causing one paper copy sent by
    certified first-class U.S. Mail to the Clerk of the Court of the 3rd Court of
    Appeals Austin, and one copy was Hand Delivered to appellees legal
    counsel as shown below:
    Scot Graydon
    300 West 15th Street, Ste 2
    Austin, Texas 78701
    512-475-4413
    David Harris
    300 West 15th Street, Ste 2
    Austin, Texas 78701
    Telephone: 512-475-4413
    Kastl Law P.C.
    4144 N. Central Expressway
    Ste 300, Dallas, Texas 75204
    Telephone: 214-821-0230
    Vikki Ogden
    411 Elm Street, Ste 500
    Dallas, Texas 75202
    Telephone: 214-653-7568
    Eric Drake
    CERTIFICATE OF COMPLIANCE
    1. EXCLUSIVE OF THE EXEMPTED PORTIONS, THE REPLY BRIEF
    CONTAINS 777 words.
    2. THE BRIEF HAS BEEN PREPARED:
    A. In proportionally spaced typeface using:
    Software Name and Version: Microsoft Word 2008
    in Times Roman font, 14 point for text and 12 point for footnotes.
    Eric Drake
    Pro-se
    April 12,2015
    Eric Drake
    PO Box 833688
    Richardson, Texas 75083
    May 15.2014
    Jeffrey D. Kyle
    Clerk of Court
    Third Court of Appeals
    PO Box 12547
    Austin, Texas 78711
    RE: In re Eric Drake. Cause Number: 03-14-00665-CV
    Dear Honorable Kyle:
    Please find the corrections the Court requested. 1 decided it would be simpler to send the
    entire brief since it is very short rather than just the certifications. Thank you.
    If there are any questions or comments please contact me at the above address, or by
    telephone at: 214-477-9288 or by email at: emike899@gmail.com
    Yours truly.
    Eric Drake
    PRESS FIRMLY TO SEAL
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Document Info

Docket Number: 03-14-00665-CV

Filed Date: 5/21/2015

Precedential Status: Precedential

Modified Date: 9/29/2016