Birnbaum v. Law Offices of G. David Westfall, P.C., 120 S.W.3d 470 (Tex. App. 2003). · Go Syfert
Birnbaum v. Law Offices of G. David Westfall, P.C., 120 S.W.3d 470 (Tex. App. 2003). Cases Citing This Book View Copy Cite
67 citation events (67 in the last 25 years) across 2 distinct courts.
Strongest positive: Rodney B. Allen v. PR Genesis Katy LP D/B/A the Katy Victory Park (texapp, 2023-09-06)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Rodney B. Allen v. PR Genesis Katy LP D/B/A the Katy Victory Park
Tex. App. · 2023 · confidence medium
David Westfall, 120 S.W.3d 470, 477 (Tex. App.— Dallas 2003, pet. denied).
cited Cited as authority (rule) Jalia Stephens, Individually and Guardian of B.S. and S.S., Minors v. Roberto Licea
Tex. App. · 2022 · confidence medium
David Westfall, 120 S.W.3d 470, 477 (Tex. App.— Dallas 2003, pet. denied).
cited Cited as authority (rule) Carla Dunlap v. City of Fort Worth
Tex. App. · 2021 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex. App.—Dallas 2003, pet. denied) . . . .
discussed Cited as authority (rule) William M. Dunn v. Jesus Lara Hernandez, Enrique III and Yessenia C. Caballero
Tex. App. · 2021 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex. App.—Dallas 2003, pet. denied); Richard v. Towery, No. 01-11-00132-CV, 2013 WL 1694861 , at *18 (Tex. App.—Houston [1st Dist.] Apr. 18, 2013, no pet.) (mem. op.) (“The purpose of [r]ule 33.1’s requirement that parties preserve error by raising their complaints in the trial court in a timely and specific manner is to promote judicial efficiency by allowing the trial court an opportunity to correct an error.”).
discussed Cited as authority (rule) Brianna Trasa Johnson v. State
Tex. App. · 2020 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 477 (Tex. App.—Dallas 2003, pet. denied). “[The parties] must put forth some specific argument and analysis showing that the record and the law support[] their contentions.” San Saba Energy, L.P. v. Crawford, 171 S.W.3d 323, 338 (Tex. App.—Houston [14th Dist.] 2005, no pet.).
cited Cited as authority (rule) Louella Clanton v. Markose K. Markose
Tex. App. · 2019 · confidence medium
David Westfall, 120 S.W.3d 470, 477 (Tex. App.—Dallas 2003, pet. denied).
discussed Cited as authority (rule) Polaris Guidance Systems, LLC v. EOG Resources, Inc.
Tex. App. · 2019 · confidence medium
Westfall, 120 S.W.3d 470, 477 (Tex. App.—Dallas 2003, pet. denied) (concluding appellant’s brief presented nothing for the appellate court to review because his issue did not contain argument supported by citations to record and legal authority). 5 the parties’ intentions, because it is the objective, not subjective, intent that controls.
cited Cited as authority (rule) Jus Payton v. Angela Crouch
Tex. App. · 2019 · confidence medium
David Westfall, 120 S.W.3d 470, 477 (Tex. App.—Dallas 2003, pet. denied).
cited Cited as authority (rule) Robbie Lesa Hames Horton v. Kimberly A. Stovall
Tex. App. · 2018 · confidence medium
David Westfall, 120 S.W.3d 470, 477 (Tex. App.—Dallas 2003, pet. denied); Deutsch v. Hoover, Bax & Slovacek, L.L.P., 97 S.W.3d 179 , 198–99 (Tex. App.—Houston [14th Dist.] 2002, no pet.).
examined Cited as authority (rule) Travelers Indemnity Company of Connecticut v. Billy Thompson (3×) also: Cited "see"
Tex. App. · 2018 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex. App.—Dallas 2003, pet. denied).
cited Cited as authority (rule) Drake v. Walker
Tex. App. · 2017 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 477 (Tex. App.—Dallas 2003, pet. denied) (concluding “due process” complaint asserted without citation to authority presented nothing for review).
discussed Cited as authority (rule) Mark A. Gonzalez v. Remae, Inc.
Tex. App. · 2017 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 477 (Tex. App.—Dallas 2003, pet. denied). “[The parties] must put forth some specific argument and analysis showing that the record and the law support[] their contentions.” San Saba Energy, L.P. v. Crawford, 171 S.W.3d 323, 338 (Tex. App.—Houston [14th Dist.] 2005, no pet.).
discussed Cited as authority (rule) Sue Killgore Mobley v. James A. Mobley
Tex. App. · 2016 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 475-76 (Tex. App.—Dallas 2003, pet. denied) (trial court erroneously omitted detailed explanation of bases for Rule 13 sanctions, but appellant waived error by not calling it to trial court’s attention).
cited Cited as authority (rule) Michael A. Hughes v. Dallas County, Dallas County Community College District, Dallas County School Equalization Fund, Dallas Independent School District, and Parkland Hospital District
Tex. App. · 2016 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 477 (Tex. App.—Dallas 2003, pet. denied).
cited Cited as authority (rule) Stephan Gonzalez v. Stephanie Gonzalez
Tex. App. · 2015 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex. App.—Dallas 2003, pet. denied).
discussed Cited as authority (rule) Bradley B. Miller v. Talley Dunn Gallery, LLC and Talley Dunn (2×)
Tex. App. · 2015 · confidence medium
David Westfall, 120 S.W.3d 470, 477 (Tex. App.—Dallas 2003, pet. denied)............................ 53 Blanche v. First Nationwide Mortg.
discussed Cited as authority (rule) the Shops at Legacy (Inland) Limited Partnership v. Fine Autographs & Memorabilia Retail Stores, Inc. (2×) also: Cited "see"
Tex. App. · 2015 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex. App.—Dallas 2003, pet. denied).
cited Cited as authority (rule) Memorandum Opinion Railroad Commission of Texas v. Gulf Energy Exploration Corp.
Tex. App. · 2014 · confidence medium
David Westfall, P.C., 120 S.W.3d. 470, 476 (Tex.App.-Dallas 2003, pet. denied)); Travelers Indem.
cited Cited as authority (rule) Yevgenia Shockome v. Timothy Shockome
Tex. App. · 2013 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex. App.—Dallas 2003, pet. denied).
cited Cited as authority (rule) Frederick and Sandra Dunmore v. Chicago Title Insurance Company
Tex. App. · 2013 · confidence medium
David Westfall, 120 S.W.3d 470, 477 (Tex.App.-Dallas 2003, pet. denied).
discussed Cited as authority (rule) Old Tin Roof Steakhouse, LLC v. Michael D. Haskett and Hedel Haskett (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex. App.—Dallas 2003, pet. denied); see also Michiana Easy Livin’ Country, Inc. v. Holten, 168 S.W.3d 777, 783 (Tex. 2005) (stating that “[i]f the proceeding’s nature, the trial court’s order, the party’s briefs, or other indications show that an evidentiary hearing took place in open court, then a complaining party must present a record of that hearing to establish harmful error”). -3- 04-12-00363-CV The Second Motion OTR’s second motion to recuse and disqualify, filed after the judgment was signed, added a ground for recusal pursuan…
cited Cited as authority (rule) John J. Parker v. Textron Financial Corporation
Tex. App. · 2013 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex. App.—Dallas 2003, pet. denied).
cited Cited as authority (rule) Grocers Supply, Inc. and Jose Narciso Sanchez v. Jose Luis Cabello, Angel Cabello, and Ramiro Cabello
Tex. App. · 2012 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex.App.-Dallas 2003, pet. denied).
discussed Cited as authority (rule) Jeffrey L. Wilner v. Andres Quijano and Osmaldo Marquez
Tex. App. · 2012 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex. App.—Dallas 2003, pet. denied) (“Without a proper presentation of the alleged error to the trial court, a party does not afford the trial court the opportunity to correct the error.”).
cited Cited as authority (rule) Ollie, Dorothy v. Plano Independent School District
Tex. App. · 2012 · confidence medium
David Westfall, 120 S.W.3d 470, 477 (Tex.App.-Dallas 2003, pet. denied).
discussed Cited as authority (rule) in the Matter of the Marriage of Valerie Western and Eldon Burnice Western, II
Tex. App. · 2012 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex. App.— Dallas 2003, pet. denied) (“Without proper presentation of the alleged error to the trial court, a party does not afford the trial court the opportunity to correct the error.”); cf. In re Roberson, No. 05-07-01061-CV, 2008 Tex. App. LEXIS 8471 , at **2-5 (Tex. App.—Dallas Nov. 12, 2008, no pet.) (mem. op.) (concluding that appellant did not preserve for appellate review an issue because the argument was not raised during trial or in a motion for new trial).
discussed Cited as authority (rule) Cardiac Perfusion Services, Inc. v. Hughes
Tex. App. · 2012 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex.App.-Dallas 2003, pet. denied) (“Without a proper presentation of the alleged error to the trial court, a party does not afford the trial court the opportunity to correct the error.”).
discussed Cited as authority (rule) Canine, Inc. v. Golla (2×) also: Cited "see"
Tex. App. · 2012 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex.App.-Dallas 2003, pet. denied); Kiefer v. Cont’l Airlines, Inc., 10 S.W.3d 34, 41 (Tex.App.-Houston [14th Dist.] 1999, pet. denied); Valdez v. Valdez, 930 S.W.2d 725, 728 (Tex.App.-Houston [1st Dist.] 1996, no writ).
cited Cited as authority (rule) Darlena Carter v. Anna Johnson
Tex. App. · 2012 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex. App.—Dallas 2003, pet. denied); see TEX.
cited Cited as authority (rule) Bundren v. Holly Oaks Townhomes Ass'n, Inc.
Tex. App. · 2011 · confidence medium
David Westfall, 120 S.W.3d 470, 477 (Tex.App.-Dalias 2003, pet. denied).
cited Cited as authority (rule) Billy Betts v. County of Freestone
Tex. App. · 2011 · confidence medium
David Westfall, 120 S.W.3d 470, 477 (Tex. App.—Dallas 2003, pet. filed); Plummer, 93 S.W.3d at 931 .
discussed Cited as authority (rule) In Re Db
Tex. App. · 2011 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex.App.-Dallas 2003, pet. denied), cert. denied, 543 U.S. 1051 , 125 S.Ct. 875 , 160 L.Ed.2d 772 (2005); Byrnes v. Byrnes, 19 S.W.3d 556, 561 (Tex.App.-Fort Worth 2000, no pet.). [8] Bushell v. Dean, 803 S.W.2d 711, 712 (Tex. 1991) (op. on reh'g). [9] The OAG claimed that the total arrearage owed by Father was $57,519.66; Father claimed that the total arrearage he owed, after he was credited for his social security disability payments that were made to D.B., was $36,859.52.
discussed Cited as authority (rule) in the Interest of D.B., a Child
Tex. App. · 2011 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex. App.—Dallas 2003, pet. denied), cert. denied, 543 U.S. 1051 (2005); Byrnes v. Byrnes, 19 S.W.3d 556, 561 (Tex. App.—Fort Worth 2000, no pet.). 8 Bushell v. Dean, 803 S.W.2d 711, 712 (Tex. 1991) (op. on reh=g). 3 Because the appellate record does not show any request, objection, or motion presented by the OAG to the trial court regarding its initial letter ruling confirming the arrearage at $0 or its final order signed more than a month later, we hold that the OAG’s complaint challenging the ruling is not preserved, overrule the OAG’s sole…
discussed Cited as authority (rule) in the Interest of D.B., a Child (2×)
Tex. App. · 2011 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex.App.-Dallas 2003, pet. denied), cert. denied, 543 U.S. 1051 , 125 S.Ct. 875 , 160 L.Ed.2d 772 (2005); Byrnes v. Byrnes, 19 S.W.3d 556, 561 (Tex.App.-Fort Worth 2000, no pet.). .
cited Cited as authority (rule) Dennis James Poledore, Jr. v. Frank Jerome Fraley
Tex. App. · 2010 · confidence medium
David Westfall, P.C. , 120 S.W.3d 470, 476 (Tex. App.—Dallas 2003, pet. denied).
cited Cited as authority (rule) Reveille Trucking, Inc. v. Loera Customs Brokerage, Inc.
Tex. App. · 2010 · confidence medium
David Westfall, P.C. , 120 S.W.3d 470, 477 (Tex. App.-Dallas 2003, pet. denied) We overrule Loera's cross-point.
cited Cited as authority (rule) Reveille Trucking, Inc. v. Loera Customs Brokerage, Inc.
Tex. App. · 2010 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 477 (Tex. App.–Dallas 2003, pet. denied) We overrule Loera’s cross-point.
discussed Cited as authority (rule) Drum v. Calhoun
Tex. App. · 2010 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 477 (Tex.App.-Dallas 2003, pet. denied); see also Siddiqui v. Siddiqui, No. 14-07-00235-CV, 2009 WL 508260 , at *1 (Tex.App.-Houston [14th Dist.] Mar. 3, 2009, pet. denied) (mem. op.) (“Failure to make appropriate argument or provide relevant citations will result in the overruling of the issue raised.”).
discussed Cited as authority (rule) Jarvis v. Rocanville Corp.
Tex. App. · 2009 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex.App.-Dallas 2003, pet. denied) (“Without a proper presentation of the alleged error to the trial court, a party does not afford the trial court the opportunity to correct the error.”).
discussed Cited as authority (rule) In Re ABP
Tex. App. · 2009 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex. App.-Dallas 2003, pet. denied) ("Without a proper presentation of the alleged error to the trial court, a party does not afford the trial court the opportunity to correct the error.").
discussed Cited as authority (rule) In the Interest of A.B.P.
Tex. App. · 2009 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex.App.-Dallas 2003, pet. denied) (“Without a proper presentation of the alleged error to the trial court, a party does not afford the trial court the opportunity to correct the error.”).
cited Cited as authority (rule) Frank Renteria v. Randall Scott Myers, D/B/A the Myers Law Firm and Randall Scott Myers, Individually
Tex. App. · 2008 · confidence medium
David Westfall, 120 S.W.3d 470, 477 (Tex. App.—Dallas 2003, pet. denied), cert. denied, 543 U.S. 1051 (2005).
cited Cited as authority (rule) Frank Renteria v. Randall Scott Myers, D/B/A the Myers Law Firm and Randall Scott Myers, Individually
Tex. App. · 2008 · confidence medium
David Westfall , 120 S.W.3d 470, 477 (Tex. App. — Dallas 2003, pet. denied), cert. denied , 543 U.S. 1051 (2005).
cited Cited as authority (rule) Amir-Sharif v. Hawkins
Tex. App. · 2007 · confidence medium
David Westfall, 120 S.W.3d 470, 477 (Tex. App.-Dallas 2003, pet. denied).
cited Cited as authority (rule) in the Interest of J.V.G.
Tex. App. · 2007 · confidence medium
David Westfall, P.C. , 120 S.W.3d 470, 473 (Tex. App.--Dallas 2003, pet. denied) (citing A.V.A.
discussed Cited as authority (rule) Willms v. Americas Tire Co., Inc. (2×) also: Cited "see"
Tex. App. · 2006 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 476 (Tex.App.-Dallas 2003, pet. denied), cert. denied 543 U.S. 1051 , 125 S.Ct. 875 , 160 L.Ed.2d 772 (2005).
cited Cited as authority (rule) Deere v. Ingram
Tex. App. · 2006 · confidence medium
David Westfall P.C., 120 S.W.3d 470, 476-77 (Tex.App.-Dallas 2003, pet. denied) (without a record to review, it is presumed the evidence supports the trial court’s judgment).
cited Cited as authority (rule) in Re John W. Mitchell
Tex. App. · 2005 · confidence medium
David Westfall, P.C. , 120 S.W.3d 470, 476 (Tex. App.—Dallas 2003, pet. denied).
cited Cited as authority (rule) Mitchell v. Bank of America, N.A.
Tex. App. · 2005 · confidence medium
David Westfall, P.C., 120 S.W.3d 470, 477 (Tex.App.-Dallas 2003, pet. denied).
cited Cited as authority (rule) Strange v. Continental Casualty Co.
Tex. App. · 2004 · confidence medium
David Westfall, 120 S.W.3d 470, 477 (Tex.App.-Dallas 2003, pet. filed); Plummer, 93 S.W.3d at 931 .
Retrieving the full opinion text from the archive…
Udo BIRNBAUM, Appellant,
v.
THE LAW OFFICES OF G. DAVID WESTFALL, P.C., G. David Westfall, Christina Westfall, and Stefani Podvin, Appellees
05-02-01683-CV.
Court of Appeals of Texas.
Dec 10, 2003.
120 S.W.3d 470
Udo Birnbaum, Eustace, pro se., Frank C. Fleming, Law Office of Frank C. Fleming, Dallas, for Appellee.
Whittington, Wright, Bridges.
Cited by 55 opinions  |  Published

OPINION

Opinion By

Justice WHITTINGTON.

Appellant Udo Birnbaum appeals a jury verdict and judgment in favor of appellee The Law Offices of G. David Westfall, P.C. (“Law Office”). Birnbaum also appeals orders on motions for summary judgment, for sanctions, and to recuse the trial judge, and complains of the trial judge’s failure to appoint an auditor. We affirm.

Background

Law Office filed a suit on a sworn account against Birnbaum for legal fees allegedly owed. Birnbaum filed an answer and affidavit denying the claim. Birnbaum also filed a counterclaim against Law Office and added G. David Westfall, Christina Westfall, and Stefani Podvin as parties to the lawsuit (“Third Party Defendants”). He alleged violations of the federal Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961 et seq. (2000 and Supp.2003) (“RICO”) against Third Party Defendants. Law Office and Third Party Defendants moved for summary judgment on the claims against them. Third Party Defendants’ motions were granted. Birnbaum filed motions to appoint an auditor and to recuse the trial judge. There is no order on Birnbaum’s motion to appoint an auditor in the clerk’s record. At trial, a jury made affirmative findings on Law Office’s claim against Birnbaum for breach of contract and negative findings on Birnbaum’s claim against Law Office for violations of the Texas Deceptive Trade Practices Act. Tex. Bus. & Com.Code Ann. §§ 17.41 et seq. (Vernon 2002) (“DTPA”). The trial judge entered judgment for Law Office which included an award of attorneys’ fees as found by the jury. Third Party Defendants filed a motion for sanctions under Rule 13 of the Texas Rules of Civil Procedure, which was granted in part and denied in part. The partial reporter’s record submitted with this appeal is the closing argument from the jury trial and a portion of the sanctions hearing. Birnbaum has appeared pro se throughout all proceedings.

Judgment

In his first issue, Birnbaum asserts the trial court’s judgment on the jury’s verdict was “unlawful” because (1) the trial judge erred in refusing to submit jury issues on whether Birnbaum was excused from performing the attorney’s fees contract and whether Law Office’s services were of no worth; and (2) the judgment does not conform to the pleadings because the jury was questioned regarding a breach of contract but Law Office pleaded a suit on sworn account. Because Birn-baum filed only a partial reporter’s record limited to closing argument and a portion of the sanctions hearing, we are unable to review these complaints. See Nicholes v. Tex. Employers Ins. Ass’n, 692 S.W.2d 57, 58 (Tex.1985) (per curiam) (with only partial reporter’s record, court could not determine whether giving improper jury instruction was harmful error); A.V.A. Sens., Inc. v. Parts Indus. Corp., 949 S.W.2d 852, 854 (Tex.App.-Beaumont 1997, no pet.) (nothing preserved for review on issue whether judgment conformed to pleadings, because complaint could not be raised for first time on appeal, and without reporter’s record, no showing made that appellant received trial court determination on issue). We overrule appellant’s first issue.

Appointment of Auditor

In his second issue, Birnbaum urges the trial court erred in failing to[*474] appoint an auditor pursuant to Rule 172 of the Texas Rules of Civil Procedure. While Birnbaum did file a motion to appoint an auditor with the trial court, he did not receive a ruling on the motion. Therefore, he did not preserve this complaint for appeal. See Tex.R.App. P. 33.1; Reyna v. First Nat'l Bank, 55 S.W.3d 58, 67 (Tex. App.-Corpus Christi 2001, no pet.). We overrule appellant’s second issue.

Summary Judgment

Birnbaum next complains of the trial court’s no-evidence summary judgment on his RICO claims. We review a no-evidence summary judgment under the same legal sufficiency standard used to review a directed verdict, to determine whether the nonmovant produced more than a scintilla of probative evidence to raise a fact issue on the material questions presented. Gen. Mills Rests., Inc. v. Tex. Wings, Inc., 12 S.W.3d 827, 832-33 (Tex.App.-Dallas 2000, no pet.).

Birnbaum asserted claims under sections 1962(a) and (c) of RICO. Under subsection (a), a person who has received income from a pattern of racketeering cannot invest that income in an enterprise, and under subsection (c), a person who is employed by or associated with an enterprise cannot conduct the enterprise’s affairs through a pattern of racketeering. See Whelan v. Winchester Prod. Co., 319 F.3d 225, 231 n. 2 (5th Cir.2003). Elements common to all subsections of RICO are: (1) a person who engages in (2) a pattern of racketeering activity (3) connected to the acquisition, establishment, conduct, or control of an enterprise. Whelan, 319 F.3d at 229.

“Racketeering activity” is defined in section 1961(1) in terms of a list of state and federal crimes. See 18 U.S.C. § 1961(1); Bonton v. Archer Chrysler Plymouth, Inc., 889 F.Supp. 995, 1001 (S.D.Tex.1995). It includes acts indictable under 18 U.S.C. § 1341, relating to mail fraud. See 18 U.S.C. § 1961(1)(B); Whelan, 319 F.3d at 231. The individual acts of “racketeering activity” are usually described as the “predicate offenses.” Bonton, 889 F.Supp. at 1001. Any act that does not fall within RICO’s definition of predicate offenses is not “racketeering activity.” See Heden v. Hill, 937 F.Supp. 1230, 1242 (S.D.Tex.1996).

A “pattern of racketeering activity” requires at least two acts of racketeering activity. See Whelan, 319 F.3d at 231 n. 4. Although at least two acts of racketeering are necessary to constitute a pattern, two acts may not be sufficient. Bonton, 889 F.Supp. at 1003. To establish a pattern of racketeering activity, a plaintiff must show that the racketeering predicates are related, and that they amount to or pose a threat of continued criminal activity. Word of Faith World Outreach Ctr. Church, Inc. v. Sawyer, 90 F.3d 118, 122 (5th Cir.1996) (citing H.J. Inc. v. Northwestern Bell Tel. Co., 492 U.S. 229, 239, 109 S.Ct. 2893, 106 L.Ed.2d 195 (1989)). To establish continuity, plaintiffs must prove continuity of racketeering activity, or its threat. Word of Faith, 90 F.3d at 122.

Birnbaum asserts Law Office is a RICO enterprise through which Third Party Defendants conducted a pattern of racketeering. He alleges Third Party Defendants conducted a scheme whereby Law Office’s clients were encouraged to file RICO suits against public officials, but failed to receive “honest service” or regular billing. Birn-baum asserts Third Party Defendants engaged in mail fraud in furtherance of this scheme because “almost every document on file in this case” was mailed at one time, including the fraudulent bill on which Law Office’s claim was premised. Thus, he al[*475] leges the predicate act for purposes of RICO was mail fraud.

Mail fraud under 18 U.S.C. section 1341 “requires that (1) the defendant participate in a scheme or artifice to defraud, (2) the mails be used to execute the scheme, and (3) the use of the mails was ‘caused by’ the defendant or someone else associated with the scheme.” Bonton, 889 F.Supp. at 1002. As noted in Bonton, “[a] RICO claim asserting mail fraud as a predicate act must allege how each specific act of mail fraud actually furthered the fraudulent scheme, who caused what to be mailed when, and how the mailing furthered the fraudulent scheme.” Bonton, 889 F.Supp. at 1002. The mail fraud statute “does not reach every business practice that fails to fulfill expectations, every breach of contract, or every breach of fiduciary duty.” Bonton, 889 F.Supp. at 1002-1003. A plaintiff may not convert state law claims into a federal treble damage action simply by alleging that wrongful acts are a pattern of racketeering related to an enterprise. Heden, 937 F.Supp. at 1242.

As summary judgment evidence, Birnbaum filed affidavits of several unhappy clients of Law Office. Although Birnbaum also referred to deposition testimony and pleadings from other lawsuits in his summary judgment response, this evidence was not submitted to the trial court. See Quanaim v. Frasco Rest. & Catering, 17 S.W.3d 30, 42 (Tex.App.-Houston [14th Dist.] 2000, pet. denied) (verified summary judgment response was not summary judgment proof).

Birnbaum’s summary judgment evidence establishes that several Law Office clients were encouraged to file RICO suits and did not receive regular billings from Law Office. Birnbaum alleges a scheme to defraud himself and others through these suits, and he offers his affidavit testimony to establish the bill mailed to him by Law Office was fraudulent. He does not, however, offer summary judgment evidence regarding how mailing this fraudulent bill constitutes a pattern of racketeering activity, or furthers a “recognizable scheme formed with specific intent to defraud,” or presents a continued threat of criminal activity. See Bonton, 889 F.Supp. at 1003; see also Word of Faith, 90 F.3d at 122-24 (no continuity where alleged predicate acts are part of a single, lawful endeavor). Further, Birnbaum did not offer summary judgment evidence that Third Party Defendants invested income from a pattern of racketeering activity in the alleged RICO enterprise or that his injury flowed directly from the use or investment of that income. Without such evidence, Birnbaum did not raise a genuine issue of material fact on his claim under RICO § 1962(a). See Nolen v. Nucentrix Broadband Networks, Inc., 293 F.3d 926, 929 (5th Cir.), cert. denied, 537 U.S. 1047, 123 S.Ct. 600, 154 L.Ed.2d 520 (2002) (for section 1962(a) claim, alleging injury from predicate racketeering acts themselves insufficient; injury must flow from use or investment of racketeering income). Summaiy judgment on Bimbaum’s RICO claims was proper. We overrule Birnbaum’s third issue.

Sanctions Order

In his fourth issue, Birnbaum complains of the order imposing sanctions against him in favor of Christina Westfall and Podvin. He argues the sanction order is unlawful because it is a criminal sanction “imposed without full due criminal process,” and does not state the basis for the sanctions award as required by rule 13 of the Texas Rules of Civil Procedure. We agree with Birnbaum that the trial court’s order awards sanctions without stating the basis for the award, and therefore does not[*476] meet the requirements of rule 13. See Murphy v. Friendswood Dev. Co., 965 S.W.2d 708, 709-10 (Tex.App.-Houston [1st Dist.] 1998, no pet.) (“Rule 13 is clear: the particulars of good cause ‘must be stated in the sanction order.’ ... [T]he order here did not recite the particular reasons supporting good cause to issue the sanctions and did not include findings of fact and conclusions of law supporting good cause ... we hold that the sanction order does not comply with Rule 13.”). This error, however, may be waived. See McCain v. NME Hospitals, Inc., 856 S.W.2d 751, 756 (Tex.App.-Dallas 1993, no writ).

Birnbaum did not bring either of his complaints about the sanctions order to the attention of the trial judge. To preserve a complaint for appellate review, a party must have presented to the trial court a timely request, objection or motion, stating the specific grounds for the ruling he desired the court to make if the specific grounds were not apparent from the context. See Tex.R.App. P. 33.1. An objection must not only identify the subject of the objection, but it also must state specific grounds for the ruling desired. Without a proper presentation of the alleged error to the trial court, a party does not afford the trial court the opportunity to correct the error. See McCain, 856 S.W.2d at 755. While Birnbaum filed a motion to reconsider the sanctions, he did not object to the specificity of the order or to the criminal nature of the sanctions. Birnbaum’s only complaint about the specificity of the order was made in an untimely request for findings of fact and conclusions of law filed more than twenty days after the date of the sanctions order. See Tex.R. Civ. P. 296 (request for findings of fact and conclusions of law shall be filed within twenty days after judgment is signed). Therefore, the trial judge did not have the opportunity to correct the erroneous order, and error was not preserved. See McCain, 856 S.W.2d at 755. Appellees have since filed a motion to allow filing of findings of fact and conclusions of law by the trial judge regarding the sanctions order, which was opposed by Birnbaum. We need not reach the question of whether the findings and conclusions may be filed at this time, as Birnbaum did not preserve his complaints about the sanctions order. We overrule appellant’s fourth point of error.

Recusal of Trial Judge

Birnbaum complains the trial judge should have been recused. An evi-dentiary hearing was held before Judge Ron Chapman on Birnbaum’s motion to recuse Judge Paul Banner, and Judge Chapman denied the motion. No reporter’s record of this hearing is included in our record. Without a record of the proceedings, we cannot review Judge Chapman’s order for abuse of discretion, and nothing is presented for review. See Ceballos v. El Paso Health Care Sys., 881 S.W.2d 439, 445 (Tex.App.-El Paso 1994, writ denied); In re M.C.M., 57 S.W.3d 27, 33 (Tex.App.-Houston [1st Dist.] 2001, pet. denied); Tex.R. Crv. P. 18a (f). Appellant’s fifth point of error is overruled.

Fraud

In his sixth issue, Birnbaum complains of “fraud, fraud, and more fraud.” In his argument in support of this issue, he contends he made no agreements with Law Office regarding attorneys’ fees and never accepted the terms of the retainer agreement. The issue regarding any contractual relationship between Birnbaum and Law Office was resolved by the jury. We have no record of the testimony relevant to Birnbaum’s acceptance of the contract. Therefore, we presume the omitted[*477] portions of the record support the trial court’s judgment. See Schafer v. Conner, 813 S.W.2d 154, 155 (Tex.1991) (per curiam) (in absence of a complete statement of facts, it is presumed that omitted evidence supports trial court’s judgment). Birnbaum’s sixth issue is overruled.

Due Process

In his seventh issue, Birnbaum contends “due process demands a new trial.” The argument presented does not contain citation to authority and complains of the same rulings addressed in other parts of his brief. This issue presents nothing for our review. See Tex.R.App. P. 38.1(h) (brief must contain clear and concise argument for contentions made, with appropriate citations to authorities and to the record). In his reply brief, Birnbaum also complains of incurable jury argument, and includes a reporter’s record of the closing argument from trial in the appellate record. However, the record reveals Birnbaum did not object to the argument at the time it was made, and so has failed to preserve error. See Barras v. Monsanto Co., 831 S.W.2d 859, 865 (Tex.App.Houston [14th Dist.] 1992, writ denied) (complaint of error in closing argument waived by failure to object). Birnbaum’s seventh issue is overruled.

Having overruled Birnbaum’s issues, we affirm the judgment and orders of the trial court.