No

No. 00-00619

THE LAW OFFICES OF                                             )(                                 IN THE DISTRICT COURT
G. DAVID WESTFALL, P.C.                                      )(
                                                                                     )(                                 294^TH JUDICIAL DISTRICT 9; 9;
Vs.                                                                                )( 9;
                                                                                     )(                                 VAN ZANDT COUNTY, TEXAS 9;
UDO BIRNBAUM                                                       )(
                                                                                     )(
Vs.                                                                                )(
                                                                                     )(
G. DAVID WESTFALL                                               )(
CHRISTINA WESTFALL                                           )(
STEFANI PODVIN                                                   )(

RULE 276 REQUEST FOR ENDORSEMENT BY THE COURT OF "REFUSALS" AND "MODIFICATIONS"

(of the "refusals" and "modifications" made by the Court to Birnbaum's requested jury instructions, questions, and definitions)

TO THIS HONORABLE COURT:

COMES NOW Udo Birnbaum, under RCP Rule 276, requesting the Court to provide endorsement, per Rule 276, of such refusals and modifications as the Court made on his requested submissions to the jury. RCP Rule 276, "Refusal or Modification", requires as follows:

When an instruction, question, or definition is requested and the provisions of the law have been complied with and the trial judge refuses the same, the judge shall endorse thereon "Refused", and sign the same officially. If the trial judge modifies the same the judge shall endorse thereon "Modified as follows: (stating in what particular the judge has modified the same) and given, and exception allowed" and sign the same officially. Such refused or modified instruction, question, or definition, when so endorsed shall constitute a bill of exceptions, and it shall be conclusively presumed that the party asking the same presented it at the proper time, excepted to its refusal or modification, and that all the requirements of law have been observed, and such procedure shall entitle the party requesting the same to have the action of the trial judge thereon reviewed without preparing a formal bill of exceptions. (RCP Rule 276. REFUSAL OR MODIFICATION, emphasis added)

The requested jury submissions of both of the parties, as well as the as the actual submissions in the Court's Charge, are contained in documents titled as follows:

Udo Birnbaum's Affirmative Defense of Fraud requested definitions, questions, and special instructions to be given to the jury. (Cert. of Service April 1, 2002)

Udo Birnbaum's Texas Deceptive Trade Practices Act (DTPA) Counterclaim requested definitions, questions, and special instructions to be given to the jury. (COS April 1, 2002)

Plaintiff's Requested Jury Instructions ( 3 questions, Cert. of Service April 3, 2002)

Defendant Birnbaum's Objections to Plaintiff's Requested Jury Instructions [4/3/02] (contains submission of Birnbaum's "excused" issue) Cert. of Service April 4, 2002

Plaintiff's submissions on the third day of the trial, the day of submission to the jury (2 question format (as was incorporated into the Court's Charge questions 1 and 2)

Birnbaum's Objections to today's Plaintiff's Court charge. (handwritten, filemarked April 11, 2002, 9:18 AM)

Court's Charge (April 11, 2002)

Summary

COMES NOW Udo Birnbaum, requesting the Court to provide endorsement, per Rule 276, of such refusals and modifications as the Court made on his requested submissions to the jury. Udo Birnbaum makes such request so that the action of the trial judge on such matters may be reviewed without preparing a formal bill of exceptions.

Respectfully Submitted,

____________________

UDO BIRNBAUM
540 VZ 2916
Eustace, TX 75124
(903) 479-3929

ref: Above indicated documents as provided to the Court

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 _18_ day of August, 2002, on Frank C. Fleming, Law Office of Frank C. Fleming, 6611 Hillcrest, Suite 305, Dallas, Texas 75205-1301.

___________________
UDO BIRNBAUM