Eric Drake v. Seana Willing

• Court: Court of Appeals of Texas
• Decided: January 15, 2015
• Docket: 03-14-00665-CV
• Status: Published

Opinion

No: 03-14-00665-CV

IN THE COURT OF APPEALS FOR THE THIRD JUDICIAL DISTRICT OF TEXAS

ERIC DRAKE

Plaintiff-Appellant January 15, 2015

TRAVELERS, ET AL Defendant-Appellee

ON APPEAL FROM THE 200™ DISTRICT COURT TRAVIS COUNTY TEXAS

TRIAL COURT NUMBER: D-l-GN-14-001215

Motion for Extension to File Brief of Appellant Eric Drake

Eric Drake Pro-Se Appellant PO Box 833688 Richardson, Texas 75083 214-477-9288 f/RECEIVEDN JAN 1 5 2015 THIRD COURT OF APPEALS. \ JEFFREY D.KYLE / APPELLANT ERIC DRAKE'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO HONORABLE JUSTICES OF SAID COURT:

Appellant Eric Drake respectfully requests that the Court extend the

time to file his brief in the above reference cause of action.

Drake requests a motion to continue because Appellant requested on

October 27, 2014 of Rhonda Watson of the 353rd Judicial District Court in

Travis Country, Texas that she prepare the August 19, 2014 Defendant

Willing motion to declare Appellant as a vexatious litigant. That record has

not been filed with this Court. Appellant spoke with the clerk of this Court

on January 12, 2015 and he confirmed that the Recorders Record of the

hearing of Judge Charles Ramsay was not in the Court's record. Appellant

cannot complete his brief without the aforementioned recorders record.

Appellant must have a complete record in order to properly plea and

argue his case before this Court. Drake respectfully requests that the Court

orders the court reporter Ronda Watson and the trial courts clerk of court to

file the "Recorders Records" of the hearing before Judge Charles Ramsey

that was conducted on August 19, 2014, declaring Appellant as vexatious.

Drake believes that this Court and the trial court are treating him wrongfully

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF PAGE 1 on account of his race and there will be litigation filed before this case is

decided. Appellant believes that he has been discriminated and conspired

against.

WHEREFORE, APPELLANT, ERIC DRAKE respectfully requests

the Court to grant his extension of time to file his briefs in cause number:

03-14-00665-CV until March 1, 2015, to cover any further actions by the

trial court to purposely delay filing the correct documents in the Courts

record to impede the Appellant's brief. Appellant therefore file his motion

for extension of time.

Respectfully submitted:

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

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF PAGE 2 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 of record via US Mail on this the 12th day of January 2015.

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF PAGE 3 CERTIFICATION OF CONFERENCE

I ERIC DRAKE, Appellant, on this the 11th day of January 2015,

certify that I attempted to make contact with Kristina Kastl, and on January

12, 2015 on two occasions to conference with her regarding this motion,

however, she has failed to respond. Likewise, I attempted to conference with

Scot Graydon, his secretary hung up the telephone and when I called back

she had an attitude. Appellant left yet another message on Mr. Graydon's

voice mail with no avail. On January 12, 2015, attempted to contact David

Harris, and Appellant was told that he is not employed there. On January 12,

2015, I contacted Frank Waite and he responded; he is unopposed to the

motion. Thus, I file this motion with the Court for its decision and ruling.

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF PAGE 4 Eric Drake PO Box 833688 Richardson, Texas 75083

January 12,2015

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 my second motion for extension of time to file my original brief because unfortunately as we conference over on January 12, 2015, the recorders record which I requested of the August 19, 2014 hearing before Judge Charles Ramsay has not been filed with the Court. This is the most important document in the case.

Please order the clerk of court and Rhonda Watson to file this recorders record into the Court's record so I can finish my brief. Ms. Watson has already transcribed the record but has refused to file it into your court's records. I cannot brief this case without the recorders record for the January 12, 2014 hearing before Charles Ramsay. Please stamp file the enclosed copy and return to me. 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

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