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 353rd DISTRICT COURT

TRAVIS COUNTY, AUSTIN, TEXAS

Trial Court No. D-l-GN-14-001215

APPELLANT ERIC DRAKE MOTION

TO SUPPLEMENT COURT'S RECORDS

'received

1 2 2015

Eric Drake

Pro-Se

Appellant

PO Box 833688

Richardson, Texas 75083

214-477-9288
APPELLANT'S MOTION TO SUPPLEMENT

THE APPELLATE COURT'S CLERK'S RECORD

Appellant, Eric Drake, ask the Court to permit supplement of the

clerk's record that the trial court failed to file into the Court's record as

requested by the Appellant. See Exhibit "1."

1. Appellant Drake filed into the clerk of court record his amended

notice of appeal. The clerk stamp filed the Appellant's copy but like so

many other documents, Drake's amended notice of appeal is not contained

in the clerk's record that it forwarded to this Court.

2. Since filing his notice of appeal in the trial court, Appellant's

filings have disappeared, or were destroyed, or were prevented from being

filed into the trial court's record. It is the Appellant's opinion that this

amended notice of appeal will be extremely important for the higher courts

to review when Drake will have to file his appeals ofthis Court's decision.

3. An appellate court cannot refuse to file a supplemental

recorders record because a party did not make a timely request. TRAP

34.5(b)(4), 34.6(b)(3). Drake is powerless to make the clerk of court to

include his documents in this Court's records, but Drake want it to be on the

record that he has made this requests before the Appellee filed his brief and

APPELLANT'S MOTION TO SUPPLEMENT COURTS RECORD

WITH IDS AMENDED NOTICE OF APPEAL 1
before he is needing to file an appeal to any decisions ofthis Court.

4. Pursuant to TRAP the Clerk of Court and Court Reporters

Record must prepare these records when requested by a party. See Drake's

requests. Exhibit "2."

5. For these reasons, Appellant Eric Drake asks the Court to order

the clerk of court to submit his amended notice of appeal into this Court's

record as Drake has already requested the trial court to do, but has failed

again, to carryout simple requests made by the Appellant.

Respectfully submitted:

Eric Drake

PO Box 83688

Richardson, Texas 75083

214-477-9288

APPELLANT'S MOTION TO SUPPLEMENT COURTS RECORD

WITH HIS AMENDED NOTICE OF APPEAL
CERTIFICATION OF SERVICE

I HEREBY certify that a true and correct copy of the foregoing

document has been delivered to the defendant's/appellees through their

attorney ofrecord via US Mail on this the 10th day ofJanuary 2015.

Eric Drake

CERTIFICATION OF CONFERENCE

I ERIC DRAKE, Appellant, have attempted to conference with all of

the defendants (Appellees) attorney's but they have not returned any calls or

attempted themselves to conference with the Appellant, thus Drake files this

motion with the Court for its decisions.

Eric Drake—Appellant

APPELLANT'S MOTION TO SUPPLEMENT COURTS RECORD

WITH HIS AMENDED NOTICE OF APPEAL
Exhibit 1
CAUSE NO. D-l-GN-14-001215

ERIC DRAKE IN THE DISTRICT COURT

VS TRAVIS COUNTY, TEXAS

KASTLLAWP.C. ETAL 200TM JUDICIAL DISTRICT

PLAINTIFFS AMENDED NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

1. Plaintiff, Eric Drake (hereafter Plaintiff/Plaintiff), comes, filing this notice

of appeal pursuant to Tex. R. App. P. 25.1 desires to appeal the 353rd District Court's

Order (signed by visiting judge Charles Ramsay) declaring the Plaintiff as a vexatious

litigate, and all other orders signed on August 19, 2014, pursuant to the above entitled,

and numbered cause of action. Plaintiff assert and objects, and is appealing the following:

Defendants have filed several motions with the Court. Motions to transfer,

motions to determine the Plaintiff as a vexatious litigate and motions to change venue.

None ofthe defendant's conference with the Plaintiff prior to filing their motions with the

Court, thus violating the local rules. The Court violated the TRCP in assigning visiting

judge to hear Defendant Willing's motion to declare Plaintiff vexatious. Plaintiff is

appealing the August 19, 2014 order declaring him as a vexatious litigant, and the August

19, 2014 profiling order. The Plaintiff is appealing additionally all orders signed on

August 19,2014 in regards to the above entitled, numbered, and styled cause of action. In

Plaintiffs appeal he will show that the Court failed to follow the Tex. R. Civ. P., (18a

and 18b) and the Court's further violated the Plaintiffs due process rights, and his Texas

and Constitutional rights. Plaintiff is appealing the written order signed by Judge Charles

Ramsay on August 19, 2014 regarding Defendant declaring Plaintiff as a vexatious

litigant in its entirety. Plaintiff objects to the August 19, 2014 order signed by Charles

Ramsay in its entirety. Plaintiff objects to the order being that Defendant Seanna Willing

failed to prove by and through evidence submitted to the trial court that was entered into

PLAINTIFFS DRAKE AMENDED NOTICE OF APPEAL PAGE 1
evidence that the Plaintiff had no reasonable possibility in prevailing against her. Plaintiff

is appealing the assignment ofCharles Ramsay by Warren Vavra, who is not a judge and

has no authority to appoint a judge to hear a motion pursuant to the Tex. R. Civ. P., 18a

and 18b. Plaintiff objects to Warren Vavra assigning judges. Plaintiff objects to the

August 19, 2014 order ofrecusal and order ofreferral filed into the trial court's record in

the above cause of action. Plaintiff objects to the fact that he objected to Judge Charles

Ramsay prior to his beginning to hear Defendant Seanna Willing's motion to declare the

Plaintiff vexatious and he refused to recuse or hear the motion. Plaintiff files this appeal

because Charles Ramsay did not have the authority or jurisdiction to preside over

Defendant Seanna Willing's motion on August 19, 2014. Plaintiff objects to Judge

Charles Ramsay, because he is known to be unfair to nonwhites by apparent past rulings.

It appears that Charles Ramsay may be a racist. Plaintiff files this appeal in objection to

actual perjury which is a crime that was committed by Seanna Willing and her counsel

Scot Graydon who is an assistant attorney general for Texas. Plaintiffis filing this appeal

being that the trial court violated Plaintiffs due process rights and violated Tex. R. of

Evidence, and the provisions of Chapter 11 f the Tex. Civ. Prac. & Rem. Code. Plaintiff

files this appeal because the trial court failed to act on pending motions by the defendants

and the Plaintiff pertaining to jurisdiction and special exceptions prior to assigning a

visiting judge to hear Defendant Willing's motion on August 19, 2014. The Court failed

to follow proper procedure, pursuant to the Tex. R. Civ. P., and other rules, and statues.

Plaintiff is appealing the trial court's order of recusal and referral filed on August 19,

2014. Plaintiff files this appeal because the trial court abused its discretion, erred, and

ignored basis laws and principles, and even the Canons that judges should be guided by

were dismissed. Finally, Plaintiff files this appeal because ofthe many procedural errors

made by district judges and that the August 19, 2014 orders signed by district, County,

and a visiting judge are all procedurally defective and should be vacated. The Judges

should be sanctioned, disbarred, as well as Scot Graydon.

This appeal is taken in Cause No. D-l-GN-14-001215, styled Eric Drake,

Plaintiffv. Kastl Law Firm et al Defendants.

PLAINTIFFS DRAKE AMENDED NOTICE OF APPEAL PAGE 2
WHEREFORE, PLAINITFF ERIC DRAKE, hereby submit his notice of appeal

regarding the orders, and objections cited herein and the order and prefiling order

declaring him a vexatious litigate and all orders signed on August 19, 2014 in the above

entitled, numbered, and styled cause which should be vacated.

Respectfully submitted;

Eric Drake

PO Box 833688

Dallas, Texas 75083

214-477-9288

CERTIFICATION OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been

delivered to the defendant's through their attorney by Hand Delivery in accordance with

the Texas Rules of Civil Procedure, and Appellate Rules of Procedure on this the

^~V -Aiy ofOctober, 2014.

Eric Drake

PLAINTIFFS DRAKE AMENDED NOTICE OF APPEAL PAGE 3
Exhibit 2
CAUSE NO. D-l-GN-14-001215

ERIC DRAKE IN THE DISTRICT COURT

VS TRAVIS COUNTY, TEXAS

KASTLLAWP.C. ETAL 200TMJUDICIAL DISTRICT

PLAINITFF'S REQUEST FOR

DOCUMENTS TO BE INCLUDED IN CLERK'S RECORD

To: Clerk ofCourt

Travis County, Texas

1000 Guadalupe Street, 5th Floor

Austin, Texas 78701

RE: Plaintiffs request for preparation of the clerk's record for Drake v. Kastl Law

et al, cause number: D-l-GN-14-001215, in the 200th judicial district court.

Plaintiff, Eric Drake, is appealing the court's determining him as a vexatious

litigate. Plaintiff has filed his notice of appeal. Plaintiff requests that the following

documents be included in the clerk's record, as required by Texas Rule of Appellate

Procedure 34.5(a):

10/27/2014 PLAINTIFF'S AMENDED NOTICE OF APPEAL

The filed his amendednoticeof appeal in personand hand deliveredthe motion to

the clerk and yet, this notice does not appear in the clerk's record. Other filings of the

Plaintiff that he forwarded from Dallas has disappeared, however, in this case the

document was placed in the clerk's hand after the Plaintiff filed it with the front desk

person and itsomehow is not included inthe clerk's record. Plaintiff wants his amended

notice of appeal to be in the clerk's record and part of the appellate record for future

reference. Notice Attached as Exhibit "A."

PLAINTIFFS REQUEST FOR DOCUMENTS INCLUDED IN CLERK'S RECORD PAGE 1
Respectfully submitted;

Eric Drake

PO Box 25565

Dallas, Texas 75225

214-477-9288

•sZ_

CERTIFICATION OF SERVICE

I hereby certifythat a true and correctcopyof the foregoing document has beendelivered

to the defendant's through their attorney bv U.S. Mailin accordance with the Texas Rules ofCivil

Procedure, and Appellate Rules on this the ^-^^"""""day of C^>-/>^<^ ,2014.

EncDrake

PLAINTIFFS REQUEST FOR DOCUMENTS INCLUDED IN CLERK'S RECORD PAGE 2
Eric Drake

PO Box 833688

Richardson, Texas 75083

March 10,2015

U.S. Next Day Air Mail

Clerk ofCourt

3rd Court of Appeals

Courts of Law

209 W 14th St.

Austin, TX 78701

RE: Requests for Clerk's and Reporters Records

Travis County / Cause Number :D-1-GN-14-001215

Cause Number: 03-14-00665-CV

Dear Honorable Clerk:

I am making yet another requests for this Court to order the trial court to file into this

Court's records the Appellant's amended "Notice of Appeal." Please find my previous

letter attached to this letter. If I have somehow overlooked the amended Notice of Appeal

that is currently in the Court's record, please confirm that Exhibit 1, which is attached to

my Second Requests to have this document filed into the Court's records, is indeed filed

into the Court's record.

As always, if you may need to reach me regarding this letter or for any other reasons

please contact me at the above address or at: 214-477-9288.

Yours truly,

Eric Drake

S RECEIVED\

MAR 12 2015

TOIRD COURT OFAPPEAIS

\ JEFFREY DKYI F "
Eric Drake

PO Box 833688

Richardson, Texas 75083

October 23,2014

Clerk ofCourt

3rd Court of Appeals

Courts of Law

209 W 14th St.

Austin, TX 78701

RE: DocketingStatement. CopyofPlaintiffsAffofIndigence.

Copy ofRequests for Clerk's andReporters Records

Travis County/Cause Number :D-1-GN-14-001215

Dear Honorable Clerk:

I am filing with you my docketing statement and sending a copy to the clerk's office in

Travis County. However, I have already filed once a Request for the Clerk's Records,

and Recorders Record. I also filed an affidavit of indigence, and a Notice of Appeal on

September 18, 2014, and sent another copy through the mail on September 19, 2014.

Neither copy of my notice of appeal can be found, which someone committed a federal

offense by destroying my documents that came through the mail. And all of those

documents has just disappeared and no one in the clerk's office can tell me where they

are. I have requested a federal investigation and I plan to sue the clerk of court in federal

court. But since all of my documents are destroyed I am sending you a copy along with

my docketing statement.

I you need to reach me regarding this letteror for any other reasons please contact me at

the above address or at: 214-477-9288.

Yours truly,

iric Drake
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