CAUSE NO: 13-14-00665-CV
J? ERIC DRAKE THIRD COURT OF APPEALS
§
Appellant §
§ March 2, 2015
VS §
§
KASTL LAW P.C. ET AL § AUSTIN TEXAS
Defendants
APPELLANTS* MOTION TO TRANSFER TO received^
IMPROPER COUNTY AND CHANGE OF VENUE MAR 02 2015
JWRocowa-oFAppois
TO HONORABLE SAID JUDGE:
COMES NOW, Appellant, Eric Drake and respectfully request that
the above cause of action is transferred to an improper country or venue in
the interest ofjustice and impartiality.
1. Appellant Eric Drake believes that this Court has been unfair
and hostile toward him. He respectfully requests to have the above cause of
action transferred to the Twelve Court of Appeals if none of those justices
are past attorney generals, or are relatives of Scot Graydon, or relatives to
any of the defendants in the above suit.
2. The Appellant is filing this motion to transfer after experiencing
wrongful, bias, and perjured actions of this Court and the possibility of
APPELLANT'S MOTION TO TRANSFER TO IMPROPER COUNTY/VENUE PAGE 1
/
local prejudiced because of the people involved are influential in the
^ juridical community in Travis County, Texas.
3. Appellant requests a hearing on his motion to transfer. He
believes that any nonbiased and impartial appellate court would agree with
his legal opinion in his original brief—yet, Appellant does not believe that
this Court would rule impartiality when a assistant attorney general is being
accused of committing a felony offense. It is Appellant's opinion that this
Court will possibly try and assist Scot Graydon, rather than justly rule onthe
above cause and punish him for his outlandish but intentional unethical and
criminal behavior.
4. Appellees cannot claim that there would be any hardships to
have the above caused transferred to another court of appeals. There are no
witnesses to testify in this case, and an appellate court may not even allow
oral arguments. The balance to "justice" out weighs leaving the above matter
in this Court, which have shown bias towards Drake. Moreover, there is the
possibility that Graydon would be given special treatment by this Court
because he is an assistant attorney general by those who have worked with
this state agency (AGO) before who are justices in this Court. Thus, the
transfer that the Appellant is seeking would not impose any hardship or
APPELLANT'S MOTION TO TRANSFER TO IMPROPER COUNTY/VENUE PAGE 2
injustices on any other party. CPRC 15.002(b)(3). However, transferring the
V above cause would at least give the average person the feeling that the
Appellant's brief would be adjudicated fairly. The Appellant is requesting
this Court to transfer the above cause to a venue that is not a County of
proper venue for justice and for Drake to obtain possibility a fair and
impartial judgment and hearing. CPRC §15.002(b).
5. A party should file a motion for change of venue normally with
its answer or as soon as it is apparent that change of venue is necessary.
Appellant therefore asks that the above cause of action is transferred before
the Court has had an opportunity to review his brief. CPRC 15.002(b).
However, maintaining this appeal in this Court, with even an appearance of
prejudice and biasness toward the Appellant is justifiable reasons to transfer.
6. In closing, being that Appellant will be filing a federal lawsuit
where he will name justices of this Court, as well as several other employees
of this Court, it would be better if the above cause is transferred as pled
herein. For these reasons, Appellant Eric Drake respectfully requests that the
Court transfer the above cause from its venue (Travis County) to the Twelve
Appeals Court in Texas before making any other rulings or decisions in the
above cause. Appellant requests a hearing on his motion to transfer.
APPELLANT'S MOTION TO TRANSFER TO IMPROPER COUNTY/VENUE PAGE 3
Respectfully submitted,
EfTc Drake
Pro-Se
P.O. Box 833688
Richardson, Texas 75083
214-477-9288
CERTIFCATION OF CONFERENCE
Plaintiff, Eric Drake attempted to conference with Kristina Kastl of
Kastl Law Firm by she has repeatedly refused to conference with the
Plaintiff. After the third requests, Plaintiff submits this motion to the Court
for its determination. Plaintiff also attempted to conference with Scot
Graydon, (the unethical assistant attorney general who perjured himself
before the trial court on August 19, 2014), but Mr. Graydon has repeatedly
refused likewise to conference with the Plaintiff. David Harris, is
representing a judge in Dallas County, but it would appear that Mr. Harris is
no longer an assistant attorney general—at least from the information
Plaintiff received. Frank Waite has repeatedly conference with the Plaintiff
and has repeatedly said that he has no objections in the Plaintiffs filing,
although the Appellant as he has not been able to reach Mr. Waite by
telephone after repeated attempts. The Dallas District Attorneys office was
closed a few days because of the weather. Therefore the Appellant files this
motion with the Court for its ruling and decisions.
Eric Drake
APPELLANT'S MOTION TO TRANSFER TO IMPROPER COUNTY/VENUE PAGE 4
CERTIFICATE OF SERVICE
I hereby certify that on March 2, 2015, I served the foregoing
"MOTION TO TRANSFER," by causing one paper copy Hand Delivered to
the Clerk of the Court of the Travis County Clerk of Court in Austin, and a
copy forwarded to all other parties or defendants through their legal counsel
by U.S. Mail that are named herein.
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
APPELLANT'S MOTION TO TRANSFER TO IMPROPER COUNTY/VENUE PAGE 5