# No:03-14-00665-CV

IN THE COURT OFAPPEALS FOR THE THIRD JUDICIAL DISTRICT OF TEXAS 

## ATAUSTIN, TEXAS

ERIC DRAKE 

## Plaintiff-Appellant

v. 

### KASTL LAW FIRM P.C. ETAL 

## Defendant—Appellee


## ONAPPEAL FROM THE 200th DISTRICTCOURT TRAVIS COUNTY, AUSTIN, TEXAS Trial Court No. D-l-GN-14-001215


## APPELLANTERIC DRAKE SECOND RESPONSE

TO APPELLEES MOTION REGARDING WORD COUNTAND APPELLANT'S MOTION TO STRIKE

'received

JUL 0 12015 Eric Drake Pro-Se 

### Appellant PO Box 833688 

### Richardson, Texas 75083 

# ^&t%ty 214-477-9288APPLLEANTSECOND RESPONSE TO 

### APPELLEES MOTION REGARDING WORD COUNTAND APPELLANT'S MOTION TO STRIKE

TO HONORABLE SAID JUSTICES: 

## Once again, Appellee Willing files a motion with the Court regarding 

## the Appellant's briefand its word count. The motion itself, which is called a letter, is not a letter but a motion that is filed improperly before the Court. Nevertheless, the Appellantmustrespond to Appellees motion on the record. 

## And even though the attorney general appear to act dumb as to the filing of its motion, the motion itselfshould be stricken from the record because it is 

## improperand frivolous. 

## Regarding the attorney general's calculations ofthe Appellant's word
count in his amended brief, and what is excluded from the word count 

## calculations, it appears that Appellee Willing's counsel is suggesting thatthe 

## "Statement of the Case" should be counted in the calculations regarding word count in a brief. For the sake ofthe attorney general's office, and Appellee Willing please see attached Exhibit "A," which is taken directly from the Texas Rules of Appellate Procedure. Emphasis on the word: "except." This exhibit should be self-explanatory, and self-educating. Appellant's briefcomplies with appellate word countrequirements.
1

## WHEREFORE, Appellant Eric Drake moves this Honorable Court to 

## strike the Appellees motion or (document) styled "Appellee's advisory to the Court" from the Court's record because it is improper, frivolous, and pursuant to the attached exhibit Appellees motion is making misleading accusations. Appellant asks the Court for all reliefit can showjustification. Respectfully submitted,

Eric Drake P.O. Box 833688 

### Richardson, Texas 75083 214-492-9269

CERTIFICATE OF SERVICE 

## I hereby certify that on June 25, 2015, I served the foregoing 

## Response and Motion, by causing one copy wasplaced in the U.S. Mail and addressedto appellees legal counsel ofrecord.

Eric Drake

### CERTIFICATION OF CONFERENCE 

## I ERIC DRAKE, Appellant, attempted to make contact with Kristina 

## Kastl, three times to conference with her regarding this motion, however, she has failed to respond. Likewise, I attempted to conference with Scot Graydon three times, but he has continued to refused to conference with 

## Appellant by telephone. And Frank Waite never responded to the 

## Appellant's requests to conference with him. Appellant forgot to attach the conference when he forwarded the motion to the Court. However, the 

## Appellant attempted to contact Kristina Kastl on Monday, June 22, 23, and 24 and she has continued to refuse to communicate with the Appellant. The Appellant attempted to make contact with Scot Graydon on Tuesday, June 23 and Wednesday June 24, 2015 but he has likewise continued to refuse to 

## communicate with the Appellant. And apparently so have Frank Waite who does not believe that he is part ofthis appeal. Thus, Appellant files this 

## motion with the Court for its decision and ruling.

Eric Drake

# Exhibit "A"Page 8 must appear on the front cover ofthat party's first brief. (h) Appendix and Original Proceeding Record. A appendix may be bound either with the document to whichit is relatedor separately.If separatelybound, the appendix must comply with paragraph (f). A paper record in an original proceeding or a paper appendix must be tabbed and indexed. An electronicallyfiled record in an original proceeding oranelectronicallyfiledappendixthat includes more than one item must contain bookmarks to assist in locating each item. (i) Length. (1) Contents Included and Excluded. In calculating the length of a document, every word and every partofthe document, including headings, footnotes, and quotations, must be countedexceptthe following: caption, identity of

partiesand counsel, statement regardingoral argument, table of contents, index of authorities, statementofthe case, statement of issues presented, statement of jurisdiction, statement of procedural history, signature, proof of service, certification, certificate of compliance, and appendix. (2) Maximum Length. The documents listed belowmust not exceed the following limits: (A) A briefand response in a direct appeal to the Court ofCriminal Appeals in a case in which the death penalty has been assessed: 37,500 words if computergenerated, and 125 pages ifnot. (B) A briefandresponse in an appellate court (other than a brief under subparagraph (A)) and a petition and response in an original proceeding in the court of appeals: 15,000 words if computergenerated, and 50 pages ifnot. In a civil case in thecourtofappeals, theaggregate of all briefs filed by a party must not exceed 27,000 words if computergenerated, and 90 pages if not. (C) A reply briefin an appellate court and a reply to a response to a petition in an original proceeding in the court ofappeals: 7,500 words if computergenerated, and 25 pages if not. TEXAS RULES OFAPPELLATE PROCEDURE (D) A petition and response in an original proceeding in the Supreme Court, a petition for review and response in the Supreme Court, a petition for discretionary review and response in the Court ofCriminal Appeals, and a motion for rehearing and response inan appellate court: 4,500 words if computergenerated, and 15 pages if not. (E) A reply to a response to a petition for review in the SupremeCourt, a reply to a response to a petition in an original proceeding in the Supreme Court, and a reply to a response to a petition for discretionary review in the Court of Criminal Appeals: 2,400 words if computer-generated, and 8 pages ifnot. (3) Certificate of Compliance. A computergenerated document that is subject to a word limit under this rule must include a certificate by counsel or an unrepresented party stating the number of words in the document. The person certifying may rely on the word count ofthe computer program used to prepare the document. (4) Extensions. Acourtmay, on motion, permita document that exceeds the prescribedlimit. (j) Electronically FiledDocuments. An electronically filed document must: (1) be intext-searchableportabledocumentformat (PDF); (2) be directly converted to PDF rather than scanned, ifpossible; (3) not be locked; (4) be combined with any appendix into one computerfile, unless that file would exceedthe size limit prescribed by the electronic filing manager; and (5) otherwise comply with the Technology Standards set by the Judicial Committee on Information Technology and approved by the Supreme Court. (k) Nonconforming Documents. Ifa document fails to conform with these rules, the court may strike the document or identify the error and permit the party to resubmitthe documentin a conformingformat by a specifieddeadline.f I

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