No

No. 00-00619

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

NOTICE OF APPEAL
Regarding the $62,885.00 [Second] JUDGMENT
"THIS JUDGMENT RENDERED ON JULY 30, 2002, AND SIGNED THIS 9^TH day of August, 2002". Paul Banner, JUDGE PRESIDING

(Earlier $59,280.66 [First] "FINAL JUDGMENT":
"THIS JUDGMENT RENDERED ON APRIL 11, 2002, AND SIGNED THIS 30^TH day of July, 2002". Paul Banner, JUDGE PRESIDING)

I, UDO BIRNBAUM, within 30 days of the indicated judgment, file this Notice of Appeal upon the following matters:

1. This $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", i.e. that my claims against them were valid, and not "frivolous" as this Court found.

2. The denial of my Motion for Recusal of Hon. Paul Banner

3. The denial of my complaint that the entire conduct of the Westfalls be turned over to the U.S. Justice Department.

4. Such other costs as the Court may hold against me

I reserve the right to 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