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
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