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 )(
SUGGESTION OF DEATH
(of Plaintiff The Law Offices of G. David Westfall, P.C.)
Defendant UDO BIRNBAUM suggests the consideration of the following:
1. On May 25, 2002 attorney G. David Westfall died. (Exhibit 1)
2. Plaintiff "The Law Offices of G. David Westfall, P.C." had only a single attorney participating in the Professional Corporation, namely said G. David Westfall. There was only a single shareholder, namely same said G. David Westfall. There was only a single officer, namely director G. David Westfall. (Exhibit 2, 3)
4. With the death of G. David Westfall the Professional Corporation is not only dead, but has disappeared, for there is no officer, attorney participating in the P.C. , or shareholder remaining.
5. "The Law Offices of G. David Westfall, P.C." appears never to have been a "person", as suggested by the July 3, 2001 deposition of G. David Westfall (Exhibit 4), and as such was without standing to bring suit or be awarded judgment as attorney Frank C. Fleming is still seeking (Exhibit 5).
I therefore suggest the Court examine:
Respectfully submitted
___________________
UDO BIRNBAUM, Pro Se
540 VZ 2916
Eustace, Texas 75124
(903) 479-3929
att: Exhibit 1 G. David Westfall Obituary
Exhibit 2 Election by a Small Business Corporation
(G. David Westfall is only owner)
Exhibit 3 Confirmation by IRS
Exhibit 4 Testimony by G. David Westfall
(that Law Office is not a "person")
Exhibit 5 Fleming Letter seeking yet another "telephone conference"
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of this document has today been delivered to Frank C. Fleming, by fax and regular mail on this the 24th day of June, 2002.
___________________
UDO BIRNBAUM