No. 00-00619

THE LAW OFFICES OF                            )(      IN THE DISTRICT COURT
G. DAVID WESTFALL, P.C.                     )(
                                                                   )(      294TH JUDICIAL DISTRICT
Vs.                                                              )( 
                                                                   )(      VAN ZANDT COUNTY, TEXAS
UDO BIRNBAUM                                      )(
                                                                   )(
Vs.                                                              )( 
                                                                   )( 
G. DAVID WESTFALL                              )(
STEFANI PODVIN                                     )(
CHRISTINA WESTFALL                           )(

FIRST AMENDED NOTICE OF APPEAL
Regarding the $59,280.66 [First] "FINAL JUDGMENT":
"THIS JUDGMENT RENDERED ON APRIL 11, 2002, AND SIGNED THIS 30TH day of July, 2002.
Paul Banner, JUDGE PRESIDING"

(Later $62,885.00 [Second] JUDGMENT:
"THIS JUDGMENT RENDERED ON JULY 30, 2002, AND SIGNED THIS 9TH day of August, 2002.
Paul Banner, JUDGE PRESIDING ")

I, UDO BIRNBAUM, within 30 days of the Court "disposing of all the issues between all of the parties", at this time amend my August 28, 2002 Notice of Appeal, to include this additional matter:

7. That this $59,280.66 [First] "FINAL JUDGMENT" of April 11, 2002 is null and void, because it has been superceded by a later $62,885.00 [Second] JUDGMENT of July 30, 2002 ("THIS JUDGMENT RENDERED ON JULY 30, 2002, AND SIGNED THIS 9TH day of August, 2002")

8. That the $62,885.00 [Second] JUDGMENT" of July 30,2002 is unlawful, null and void, because I was entitled to jury determination as to whether I was damaged by the Westfalls' "pattern of racketeering activity", or whether my claim against them was indeed "frivolous".

 

I also appeal upon the below and previously noticed matters:

  1. The denial of my Motion for Recusal of Hon. Paul Banner
  2. The granting of summary judgment upon my civil RICO cross-claim against G. David Westfall, Christina Westfall, and Stefani Podvin, as pleaded in Defendant's Amended Answer, Counterclaim, and Cross-Complaint.
  3. The granting of summary judgment upon my civil RICO complaint as pleaded in Udo Birnbaum's Amended Third Party Plaintiff civil RICO Claim Against G. David Westfall, Christina Westfall, and Stefani Podvin.
  4. The denial of my complaint that the entire conduct of the Westfalls be turned over to the U.S. Justice Department.
  5. The $59,280.66 Final Judgment against me as signed by this Court on July 30, 2002.
  6. The "frivolous lawsuit sanction" against me to pay the Westfalls a total of $62,885.
  7. Such other costs as the Court may hold against me

I reserve the right to again amend this Notice of Appeal at such time as the Court may issue yet another judgment.

Respectfully Submitted,
____________________
UDO BIRNBAUM, Pro Se
540 VZCR 2916
Eustace, Texas 75124
(903) 479-3929

     

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of this document has been served via Regular Mail and FAX on this the __3__ day of September, 2002, on Frank C. Fleming, Law Office of Frank C. Fleming, 6611 Hillcrest, Suite 305, Dallas, Texas 75205-1301.

___________________
UDO BIRNBAUM