# 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 

## ON APPEAL FROM THE 353rd DISTRICT COURT TRAVIS COUNTY, AUSTIN, TEXAS Trial Court No. D-l-GN-14-001215 

## APPELLANTERIC DRAKE MOTION 

## TO SUPPLEMENT COURT'S RECORDS

'received 1 2 2015 Eric Drake Pro-Se 

### Appellant PO Box 833688 

### Richardson, Texas 75083 214-477-9288APPELLANT'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 ofcourt record his amended notice of appeal. The clerk stamp filed the Appellant's copy but like so many other documents, Drake's amended notice ofappeal 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 ofappeal 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 briefand 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 ofcourt to submit his amended notice ofappeal 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 APPEALCERTIFICATION 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 

## thedefendants (Appellees) attorney's butthey have notreturned 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 1CAUSE 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 ofappeal 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 Plaintiffas a vexatious litigate, and all other orders signed on August 19, 2014, pursuant to the above entitled, and numbered cause ofaction. Plaintiffassert 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 Plaintiffprior 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 ofaction. 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. Plaintiffis 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. Plaintiffobjects 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 1evidence that the Plaintiffhad no reasonable possibility in prevailing against her. Plaintiff 

### is appealing the assignment ofCharles Ramsay by Warren Vavra, who is not ajudge and has no authority to appoint ajudge 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 ofaction. Plaintiffobjects 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. Plaintifffiles 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. Plaintifffiles 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 ofChapter 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 visitingjudge 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 ofrecusal and referral filed on August 19, 2014. Plaintifffiles 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, Plaintifffiles 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 2WHEREFORE, 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 ofthe 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 2CAUSE 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 forpreparation of the clerk's record forDrake v. Kastl Law 

## etal, cause number: D-l-GN-14-001215, in the 200thjudicial districtcourt. 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 OFAPPEAL


### The filed his amendednoticeofappeal in personand hand deliveredthe motion to 

### the clerk and yet, this notice does not appear in the clerk's record. Other filings ofthe Plaintiff that he forwarded from Dallas has disappeared, however, in this case the 

### document was placed in the clerk's hand after the Plaintifffiled it with the front desk 

### person and itsomehow isnot included inthe clerk's record. Plaintiffwants his amended notice ofappeal to be in the clerk's record and part ofthe appellate record for future reference. Notice Attached as Exhibit "A."

PLAINTIFFS REQUEST FOR DOCUMENTSINCLUDED INCLERK'S RECORD PAGE 1Respectfully submitted;

Eric Drake PO Box 25565 Dallas, Texas 75225 214-477-9288 •sZ_

CERTIFICATION OF SERVICE Ihereby certifythat a true and correctcopyof the foregoing document has beendelivered to the defendant's through their attorney bvU.S. Mailin accordance with the Texas Rules ofCivil 

## Procedure, andAppellateRulesonthisthe ^-^^"""""day of C^>-/>^<^ ,2014.

EncDrake

PLAINTIFFS REQUEST FOR DOCUMENTS INCLUDED INCLERK'S RECORD PAGE 2Eric Drake PO Box 833688 Richardson, Texas 75083

March 10,2015 U.S. Next Day AirMail Clerk ofCourt 3rd Court ofAppeals 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 ofAppeal." Please find my previous letter attached to this letter. IfI have somehow overlooked the amended Notice ofAppeal 

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

### my Second Requests to have thisdocument 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 TOIRDCOURTOFAPPEAIS \ JEFFREYDKYIF "Eric Drake PO Box 833688 Richardson, Texas 75083

October 23,2014

Clerk ofCourt 3rd Court ofAppeals Courts of Law 209 W 14th St. Austin, TX 78701 RE: DocketingStatement. Copyof PlaintiffsAffofIndigence. 

### Copy of Requests 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 ofindigence, and a Notice ofAppeal on 

### September 18, 2014, and sent another copy through the mail on September 19, 2014. Neither copy of my noticeofappeal 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 haverequested a federal investigation and I plan to sue the clerk of court in federal court. But since all ofmy 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 otherreasons please contact me at the above address or at: 214-477-9288.
Yours truly,

iric DrakeEXPRESS' 

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