I, UDO BIRNBAUM, in an abundance of precaution, at this time appeal upon the following matters, even though the Court has not disposed of all of the issues between all of the parties:

1. The denial of my December 26, 2000 Motion for Appointment of Auditor Pursuant to Rule 172 RCP to Make Finding of State of the Accounts between the Parties.
    
2. The denial of my Motion for Recusal of Hon. Paul Banner

 
3. 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.
    
4. 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.

 
5. The denial of my complaint that the entire conduct of the Westfalls be turned over to the U.S. Justice Department.
    
6. The $59,280.66 Final Judgment against me as signed by this Court on July 30, 2002.
    
7. The pronounced, but as yet not signed, "frivolous lawsuit sanction" against me to pay the Westfalls a total of $62,885.
    
8. 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 has disposed of all of the issues between all of the parties.

Respectfully Submitted,

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UDO BIRNBAUM, Pro Se
540 VZCR 2916
Eustace, TX 75124
(903) 479-3929

This is to certify that a true and correct copy of this document has been served via Regular Mail and FAX on this the _19__ day of August, 2002, on Frank C. Fleming, Law Office of Frank C. Fleming, 6611 Hillcrest, Suite 305, Dallas, Texas 75205-1301.

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UDO BIRNBAUM