*0 RECEIVED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/17/2016 11:59:00 AM JEFFREY D. KYLE Clerk *1 ACCEPTED 03-16-00761-CV 13848973 10/18/2016 12:05:15 PM THIRD COURT OF APPEALS Velva L. Price AUSTIN, TEXAS 11/17/2016 11:59:00 AM District Clerk JEFFREY D. KYLE Travis County CLERK D-1-GN-16-001852 CHRISTIANA TRUST v STRITZINGER IN THE TRAVIS COUNTY DISTRICT COURT Victoria Chambers

D-1-GN-16-001852

NOTICE OF INTERLOCUTORY APPEAL AND REQUEST TO WAIVE FEES

EMERGENCY MOTION FOR STAY OF TRIAL COURT DECISION

Appellant hereby requests the court take notice of his appeal to the 5 th Circuit Court of Appeals in

Dallas, Texas and NOT to the Third Court of Appeals Texas because Appellant believes the Third Court

of Appeals has multiple conflicts of Interest in the case, the Moving party is a member of the Texas Bar

in Dallas, and Appellant has filed cross-criminal claims against two Texas Judges in Travis County in this

case for procedural and Constitutional violations which are pending the CCA review.

Appellant notices that Ms. Heather McNally provided no notice of hearing and the order of the Trial

Court was in fact a Due Process issue under both the Texas and US Constitution.

MOTION TO TRANSFER THE RECORD TO THE FIFTH CIRCUIT ELECTRONICALLY

Appellant requests the court transfer the order of foreclosure as the only docket entry along with a copy

of the current docket to the Fifth Circuit at the same time as this filing as the designated record.

Signed this day,

John S. Stritzinger

John S. Stritzinger

“Affidavit of Appellant – My name is John John S. Stritzinger, and I am the appellant, and a member of

the Texas Bar by Court Order of Chief Judge John Dietz under FM-04-004690 in November of 2007. In

this case neither the Travis County Court Administrator or the Moving Party ever served notice of a

hearing, and therefore the order appealed is invalid and in error under Constitutional Due Process

Grounds and for violations of local rules of Travis County Texas.

Furthermore, I believe the Trial Court has no Jurisdiction over the case due to 28 USC 1332 being in

force and I have asked Judge Byrne who was assigned this case to sign an order of transfer on

submission which was well served electronically and by facsimile under 28 USC 1441. Another Judge

who had no business reviewing this case apparently signed the order complained on the Emergency

Docket which is not specified for contested matters, and under travis County rules had to provide the

standard interval for a trial this is normally at least ten days from the previous Wednesday. In other

words if I filed in Travis County on the 19 th of October, I could not have a trial until the 31 st of October in

a non-Jury week, or the following week of the 7 th of November if the 31 st was a Jury week in Travis

County”.