Note:  The Rules of procedure require that a sanction Order state with particularity what was supposedly done that was so bad.  So what does it state: NOTHING, except that "the court is of the opinion that ...[names] ... are entitled to prevail on their claim for sanctions" (see below}

No. 00-00619

THE LAW OFFICES OF                             §                 IN THE DISTRICT COURT
G. DAVID WESTFALL, P.C.                      §
         Plaintiff                                                 §
V.                                                                     §                294th   JUDICIAL DISTRICT
UDO BIRNBAUM                                       §
        Defendant/Counter-Plaintiff                 §
                                                                       §
G. David Westfall, Christina Westfall, and §
Stefani Podvin,                                              §
        Counter-Defendants                             §                VAN ZANDT COUNTY, TEXAS

                                    ORDER ON MOTIONS FOR SANCTIONS

        On July 30, 2002, came on to be heard, Motions for Sanctions filed by G. David Westfall, Christina Westfall, and Stefani Podvin, as well as to be heard Motions for Sanctions filed by Udo Birnbaum. The plaintiff, The Law Office of G. David Westfall, P.C. (the "Plaintiff'), appeared in person by representative and by attorney of record. The defendant, Udo Birnbaum, appeared in person, pro se. The counter-defendant, G. David Westfall, appeared by representative and by attorney of record. The counter-defendants, Christina Westfall. and Stefani Podvin appeared- in person and by attorney of record. All parties announced ready for a hearing on all the pending motions for sanctions currently on file in this matter at the time of the hearing.

        Based upon the pleadings of the parties, the evidence presented at trial and the evidence presented at the sanctions hearing, and the arguments of counsel and by the pro se defendant, the Court is of the opinion that the Movants, Christina Westfall and Stefani Westfall are entitled to prevail on their claim for sanctions against the Defendant, Udo Birnbaum.

Order on Sanctions
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        It is therefore, ORDERED, ADJUDGED and DECREED that the Counter-Defendants, Christina Westfall and Stefani Podvin are awarded damages as a sanction against and to be paid by defendant, Udo Birnbaum, to Christina Westfall and Stefani Podvin as follows:

A. Christina Westfall and Stefani Podvin are awarded jointly and severally the amount of
$50,085.00 as reimbursement for their joint attorney's fees.

B. Christina Westfall is awarded actual damages for her personal inconvenience in the amount of $ 1, 000. 00, and she is further awarded punitive damages for the harassment caused to her in the amount of $5,000.00.

C. Stefani Podvin is awarded actual damages for her personal inconvenience in the amount of $1,800.00, and she is further awarded punitive damages for the harassment caused to her in the amount of $5,000.00.

D. The Court denies the request for a finding of any sanctions to be awarded in favor of G. David
Westfall, individually.

E. The Court denies the request for a finding of any sanctions to be awarded in favor of Udo
Birnbaum.

        IT IS FURTHER ORDERED THAT the judgment here rendered shall bear interest at the rate of ten percent (10%) from July 30, 2002, until paid,

        All other relief regarding any motions for sanctions on file in this matter not expressly granted in this order is hereby denied.

        THIS JUDGMENT RENDERED ON JULY 30,2002, AND SIGNED THIS __9 day of August, 2002.

Paul Banner

JUDGE PRESIDING

Order on Sanctions
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