alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DENIED and Opinion Filed November 14, 2023

In the

Court of Appeals

Fifth District of Texas at Dallas

No. 05-23-01119-CV

IN RE SHEDRICK THORNTON, Relator

Original Proceeding from the Criminal District Court No. 1

Dallas County, Texas

Trial Court Cause No. F1970256

MEMORANDUM OPINION

Before Justices Partida-Kipness, Carlyle, and Garcia

Opinion by Justice Carlyle

Before the Court is relator’s November 7, 2023 petition for writ of mandamus. 

Relator argues the trial court has not ruled on a motion for judgment nunc pro tunc 

that relator contends he filed on September 28, 2023. He asks this Court to compel 

the trial court to reform the judgment to give him credit for time served. We deny 

the petition.

To establish the right to mandamus relief in a criminal case, the relator must 

show that the trial court violated a ministerial duty and there is no adequate remedy 

at law. In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig. 

proceeding). Relator bears the burden of providing the Court with a record sufficient 
–2–

to show he is entitled to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) 

(orig. proceeding). 

Here, however, relator attached only one document to his petition. That 

document purportedly shows relator’s time served, but it is neither a sworn nor 

certified copy. See TEX. R. APP. P. 52.3(k)(1)(A) (appendix must contain “a certified 

or sworn copy of any order complained of, or any other document showing the matter 

complained of”), 52.7(a)(1) (relator must file with the petition “a certified or sworn 

copy of every document that is material to the relator’s claim for relief and that was 

filed in any underlying proceeding”). Relator did not provide, among other things, a 

record showing he filed the purported motion in the trial court, requested a ruling, 

or that the trial court has failed or refused to rule on that motion. Accordingly, we 

conclude relator has failed to meet his burden to provide a record sufficient to 

support his request for mandamus relief.

Even if these defects did not exist, we would deny the petition. While we have 

jurisdiction to direct the trial court to exercise its discretion by issuing ruling after a 

reasonable amount of time has passed, we may not tell the trial court how to rule on 

a pending motion. In re Noble, No. 05-23-00322-CV, 2023 WL 2910619, at *1 (Tex. 

App.—Dallas Apr. 12, 2023, orig. proceeding) (mem. op.). 

To the extent relator’s petition could be construed as a request to compel the 

trial court to rule, relator must show his motion was properly filed, that the trial court 

had a legal duty to rule on the motion, was asked to rule on the motion, and failed or 
–3–

refused to do so within a reasonable time. Id. Here, assuming without deciding that 

relator’s purported motion was properly filed on September 28, 2023, we conclude 

this proceeding is premature.

Accordingly, we deny relator’s petition for writ of mandamus.

231119f.p05

/Cory L. Carlyle//

CORY L. CARLYLE

JUSTICE
EXHIBIT 13.1
 GRUPO TMM, S.A.B.
 SECTION 906 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
     /s/  José F. Serrano SegoviaJosé F. Serrano SegoviaChief Executive Officer
**EXHIBIT 21**

 

**SUBSIDIARIES OF THE REGISTRANT**

 

**Parents**

 

None

 
| **Subsidiaries Consolidated**                   | ** ** | **Jurisdiction of  Incorporation** | ** ** | **Percent of  Stock Owned** | ** ** |
|-------------------------------------------------|------------|------------------------------------|------------|-----------------------------|------------|
| Amercoat Japan Company, Limited                 |       | Japan                              |       | 100                         |       |
| American Pipe & Construction  International |       | California                         |       | 100                         |       |
| Ameron (Australia) Pty. Limited                 |       | Australia                          |       | 100                         |       |
| Ameron B.V.                                     |       | the  Netherlands                   |       | 100                         |       |
| Ameron Composites Inc.                          |       | Delaware                           |       | 100                         |       |
| Ameron (Hong Kong) Ltd.                         |       | Hong Kong                          |       | 100                         |       |
| Ameron Malaysia Sdn. Bhd.                       |       | Malaysia                           |       | 100                         |       |
| Ameron (New Zealand) Limited                    |       | New Zealand                        |       | 100                         |       |
| Ameron (Pte) Ltd.                               |       | Singapore                          |       | 100                         |       |
| Ameron (UK) Limited                             |       | United  Kingdom                    |       | 100                         |       |
| Centron International, Inc.                     |       | Delaware                           |       | 100                         |       |
| Island Ready-Mix Concrete, Inc.                 |       | Hawaii                             |       | 100                         |       |

 
| **Subsidiaries Not Consolidated  and  Fifty-Percent or Less Owned Companies** | ** ** | ** **   | ** ** | ** ** |   |
|-------------------------------------------------------------------------------|------------|--------------|------------|------------|--------|
| TAMCO                                                                         |       | California   |       | 50         |   |
| Bondstrand, Ltd.                                                              |       | Saudi Arabia |       | 40         |   |
| Oasis-Ameron, Ltd.                                                            |       | Saudi Arabia |       | 40         |   |
| Ameron Saudi Arabia, Ltd.                                                     |       | Saudi Arabia |       | 30         |   |

 

Names of otherconsolidated subsidiaries and subsidiaries not consolidated and fifty-percentor less owned companies are omitted because when considered in the aggregate asa single subsidiary they do not constitute a significant subsidiary.

 

1

----
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY ELEV

 359.86

 359.86

 359.86

 359.86

 359.86

 359.88

 359.86

 359.86

 359.86

 359.86

 359.86

 359.86

 359.86

 359.86

 359.86

 359.86

 359.86

 359.86

 359.86

 359.86

 359.86

 359.86

 359.86

 359.86

 359.86

 359.86

 359.85

 359.80

 359.80

 359.80

 359.82

 527

 527

 527

 527

 527

 529

 527

 527

 527

 527

 527

 527

 527

 527

 527

 527

 527

 527

 527

 527

 527

 527

 527

 527

 527

 527

 527

 523

 523

 523

 524

STORAGE

-9

+0

+0

+0

+0

+2

-2

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

+0

-4

+0

+0

+1

CHANGE

 471

 463

 361

 375

 340

 435

 451

 451

 401

 410

 387

 438

 401

 443

 460

 446

 382

 393

 408

 501

 501

 501

 468

 391

 436

 456

 456

 457

 470

 450

 412

 376

 303

 305

 303

 306

 303

 306

 302

 302

 301

 306

 306

 304

 304

 302

 302

 304

 303

 303

 303

 304

 303

 302

 304

 303

 306

 303

 270

 253

 251

 254

SPILL

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

OUTLET

OAKDALE IRRIGATION DISTRICT

SOUTH SAN JOAQUIN IRRIGATION DISTRICT

TRI DAMS PROJECT-CALIFORNIA

JULY 2022 GOODWIN RESERVOIR DAILY OPERATIONS RUN DATE: August 16, 2022

RES.

ACRE-FEET

RELEASE - C.F.S. 

TOTALS -12 0 9,297 13,415

ACRE-FEET -12 0 18,441 26,609

SUMMARY

RELEASE (ACRE-FEET)

JOINT MAIN CANAL 54,511

SOUTH MAIN CANAL 26,609

 99,561

 536

OUTLET 0

TOTAL 

TULLOCH

RELEASE

 1,839

 1,786

 1,580

 1,599

 1,560

 1,691

 1,714

 1,630

 1,568

 1,566

 1,540

 1,550

 1,533

 1,626

 1,665

 1,630

 1,507

 1,487

 1,551

 1,659

 1,708

 1,716

 1,664

 1,558

 1,574

 1,558

 1,584

 1,518

 1,553

 1,568

 1,500

 49,782

 98,743

JOINT MAIN OPERATED BY SSJID AND OID.

JOINT

MAIN

SOUTH

MAIN

SPILL 18,441

 950

 939

 835

 824

 815

 829

 906

 917

 906

 891

 888

 847

 866

 918

 943

 923

 863

 834

 879

 887

 941

 948

 931

 906

 875

 839

 871

 842

 878

 915

 876

 27,482

 54,511

RIVER CANALS
### [§§5005, 5006. Repealed. Pub. L. 98–473, title II, §218(a)(8), Oct. 12, 1984, 98 Stat. 2027]

Section 5005, added act Sept. 30, 1950, ch. 1115, §2, 64 Stat. 1086; amended Mar. 15, 1976, Pub. L. 94–233, §3, 90 Stat. 231, related to the making of youth correction decisions by United States Parole Commission.

Section 5006, added act Sept. 30, 1950, ch. 1115, §2, 64 Stat. 1086; amended Mar. 15, 1976, Pub. L. 94–233, §4, 90 Stat. 231, defined terms for the purpose of this chapter.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of Repeal

Repeal effective Oct. 12, 1984, see section 235(a)(1)(A) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 FORM 8-K
 CURRENT REPORT
 PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
 Date of Report (Date of earliest event reported): June 14, 2011.
 CTPARTNERS EXECUTIVE SEARCH INC.
 
 Delaware
    
    001-34993
    
    52-2402079(State or other jurisdiction 
of incorporation)
    
    (Commission
File Number)
    
    (IRS Employer
Identification No.)
 1166 Avenue of the Americas, 3rd Floor, New York, New York
    
    10036(Address of principal executive offices)
    
    (Zip Code)Registrants telephone number, including area code: (212) 588-3500
 
  o
    
    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)o
    
    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)o
    
    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))o
    
    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))




---



##### 



INFORMATION TO BE INCLUDED IN THE REPORT
 Item 5.07
    
    Submission of Matters to a Vote of Security Holders
  1.
    
    The five (5) nominees listed below were elected as directors of the Company, each to serve on
the Board of Directors until the Companys 2012 annual meeting of the shareholders, with the
respective votes set forth opposite their names:
 Name of Director
    
    Votes For
    
    Votes Withheld
    
    Non-VotedScott M. Birnbaum
    
    
    5,905,645
    
    
    
    27,912
    
    
    
    76,683Michael C. Feiner
    
    
    5,905,645
    
    
    
    27,912
    
    
    
    76,683Betsy L. Morgan
    
    
    5,892,225
    
    
    
    41,332
    
    
    
    76,683Brian M. Sullivan
    
    
    5,931,645
    
    
    
    1,912
    
    
    
    76,683Thomas R. Testwuide, Sr.
    
    
    5,918,225
    
    
    
    15,332
    
    
    
    76,683
 2.
    
    The appointment of McGladrey & Pullen, LLP as independent registered public accountants for
the Company for the fiscal year ending 2011 is ratified. Voting results on this proposal
were:
 For
    
    
    6,010,240Against
    
    
    0Abstain
    
    
    0
  SIGNATURES
  CTPartners Executive Search Inc.Date: June 21, 2011
    
    By:
    
    /s/ David C. NociforaDavid C. NociforaChief Operating Officer and Chief Financial Officer
From: Sargeant, Kathryn

To: Whiteman, Chad

Cc: Charmley, William; Stewart, Lori; Ghanta, Venu; Nickerson, William; Jutras, Nathaniel; Nagelhout, Peter;

hannon, john; Kataoka, Mark; Okoye, Winifred; horowitz, michael; Brunner, Christine; Davidson, Ken; Zawacki,

Margaret; Helfand, Gloria; Cook, Rich; Argyropoulos, Paul; Beardsley, Megan; Hart, Connie; Machiele, Paul;

Moran, Robin; Nam, Ed; Olechiw, Michael; Passavant, Glenn; Sutton, Tia; Wysor, Tad; Yanca, Catherine

Subject: EPA Response to EO 12866 Comments - Tier 3 draft RIA (Ch 8)

Date: Wednesday, March 20, 2013 9:47:49 AM

Attachments: Ch 8 - Cost Benefit Analysis - EO 12866 comments - 3_18_2013.doc

EPA Response to Ch 8 - Cost Benefit Analysis - EO 12866 comments - 3_18_2013.docx

Attached please find our responses to your comments on Chapter 8 of the Tier 3 RIA (all confined

to p. 10).

From: Whiteman, Chad [mailto:Chad_S_Whiteman@omb.eop.gov] 

Sent: Monday, March 18, 2013 11:51 AM

To: Sargeant, Kathryn

Subject: EO 12866 Comments - Tier 3 draft RIA

Kathryn,

 Attached are a few comments, highlighted in yellow, on Chapter 8 of the RIA as a follow-up our

call on Thursday.

Chad
**EXHIBIT 32**

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Annual Report of PhotoWorks, Inc. (the "Company") on Form 10-K for the year ending September 24, 2005 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I,  Philippe Sanchez, Chief Executive Officer of the Company, and Werner Reisacher, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 (1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 (2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.

 
|   | /s/  Philippe Sanchez | Date: January 13, 2006                                                                                                                                |
|--------|-----------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | Philippe Sanchez      |  
 

/s/  Werner Reisacher  

 

Werner Reisacher

 

 

 

 

 

 

 

 

 

  |
Editorial Note on Part 21
Editorial Notes: Nomenclature changes to part 21 appear by T.D. ATF-435, 66 FR 5475, Jan. 19, 2001. Nomenclature changes to part 21 appear by 81 T.D. TTB-140, 81 FR Aug. 30, 2016.

§ 21.112-T2 *n*-Hexane. ( a ) *General.* Minimum 97 percent purity.
( b ) *Distillation range.* No distillate should come over below 150 °F and none above 160 °F.
( c ) *Odor.* Characteristic odor.
[T.D. TTB-140, 81 FR 59462, Aug. 30, 2016]
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY ELEV

 1,174.41

 1,174.36

 1,174.32

 1,174.27

 1,174.21

 1,174.16

 1,174.11

 1,174.06

 1,174.02

 1,173.98

 1,173.94

 1,173.89

 1,173.84

 1,173.81

 1,173.77

 1,173.71

 1,173.69

 1,173.64

 1,173.60

 1,173.56

 1,173.52

 1,173.48

 1,173.43

 1,173.39

 1,173.35

 1,173.30

 1,173.25

 1,173.21

 1,173.17

 1,173.11

 16.82

 16.77

 16.74

 16.69

 16.64

 16.59

 16.55

 16.50

 16.47

 16.43

 16.40

 16.35

 16.31

 16.28

 16.25

 16.20

 16.18

 16.13

 16.10

 16.06

 16.03

 15.99

 15.95

 15.92

 15.88

 15.84

 15.80

 15.76

 15.73

 15.68

STORAGE

-0.04

-0.05

-0.04

-0.05

-0.05

-0.05

-0.04

-0.05

-0.04

-0.04

-0.04

-0.04

-0.04

-0.03

-0.04

-0.05

-0.02

-0.04

-0.04

-0.04

-0.04

-0.04

-0.04

-0.04

-0.03

-0.04

-0.04

-0.03

-0.03

-0.05

CHANGE

9

5

9

2

-2

3

4

4

11

11

11

7

7

12

5

-2

14

1

7

8

8

10

4

8

9

7

4

9

9

-1

INFLOW

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

SPILL

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

 20

OUTLET

 7

 8

 7

 5

 5

 6

 6

 7

 9

 9

 9

 9

 9

 5

 3

 4

 3

 3

 5

 6

 6

 8

 6

 6

 6

 9

 6

 6

 6

 5

C.F.S.

 .25

 .28

 .25

 .17

 .16

 .21

 .22

 .25

 .31

 .33

 .32

 .32

 .31

 .17

 .11

 .14

 .09

 .11

 .18

 .20

 .21

 .30

 .23

 .20

 .21

 .32

 .22

 .22

 .21

 .18

INCHES

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .01

 .01

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-ORLAND PROJECT-CALIFORNIA

SEPTEMBER 2015 EAST PARK RESERVOIR DAILY OPERATIONS RUN DATE: 10/22/2015

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S.

TOTALS -1.21 193 600 0 189 6.68 .02

ACRE-FEET -1,210 383 1,190 0 375

COMMENTS:

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES AND EVAPORATION.

DATA BASED ON 24 HOUR PERIOD ENDING 0800 AM.

SUMMARY RELEASE (ACRE-FEET)

SPILL 0

OUTLET

TOTAL

 1,190

 1,190

PRECIPITATION

THIS MONTH =

TO DATE =

 .02

JULY 1, 2015 .03

 16.85
#### The People of the State of New York v. The Metropolitan Surety Company. In the Matter of The H. B. Smith Company, Claimant, v. John F. Yawger, as Receiver of the Metropolitan Surety Company.

Motion granted and questions certified as proposed.
#### State of Connecticut *v.*Kenneth Kinsler

*J err old, H. Barnett,*assistant state’s attorney, for the appellee (state).

*George A. Johnson,*for the appellant (defendant).

Argued February 2

decided February 2, 1971

The motion by the plaintiff to dismiss the appeal from the Superior Court in New Haven County is granted.
###### Editorial Note on Part 27

#### Editorial Note:

Nomenclature changes to part 27 appear by T.D. ATF-474, 67 FR 11231, Mar. 13, 2002, and T.D. ATF-479, 67 FR 30799, May 8, 2002.

#### § 27.258 Changes to foreign producer registration.

Whenever there is a change to any of the information submitted by the foreign producer under § 27.254, the foreign producer must update its registration with the new information within 60 days. Whenever the appropriate TTB officer determines that a foreign producer has failed to update its registration information as required, the foreign producer's registration is deemed invalid and the foreign producer will be unable to assign CBMA tax benefits until the foreign producer updates its registration as required or the appropriate TTB officer is satisfied that no such update is required.
Exhibit 10.21.1

2001 McDATA EQUITY INCENTIVE PLAN  (An amendment and Restatement of the 1997 Stock Option Plan)  Adopted October 1, 1997  Amended May 18, 2001  Ratified by Shareholders August 1, 2001
Termination Date: September 30, 2007

1.  PURPOSES



2.  DEFINITIONS





3.  ADMINISTRATION





4.  SHARES SUBJECT TO THE PLAN



5.  ELIGIBILITY



6.  OPTION PROVISIONS









7.  PROVISIONS OF STOCK AWARDS OTHER THAN OPTIONS







8.  COVENANTS OF THE COMPANY



9.  USE OF PROCEEDS FROM STOCK



10. MISCELLANEOUS



11. ADJUSTMENTS UPON CHANGES IN STOCK



12. AMENDMENT OF THE PLAN AND STOCK AWARDS



13. TERMINATION OR SUSPENSION OF THE PLAN



14. EFFECTIVE DATE OF PLAN



15. CHOICE OF LAW



QuickLinks
**EXHIBIT 31.1**

 

**CERTIFICATION**

 

# **I, David J. Evans, certify that:**

# ** **

1.     I have reviewed this 10-Q Report for the quarter endedJune 30, 2004, of Crown Media Holdings, Inc.;

 

2.     Based on my knowledge, this report does not containany untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3.     Based on my knowledge, the financial statements, andother financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report;

 

4.     The registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand we have:

 

a)     Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared;

 

b)    Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and

 

c)     Disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarterin the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financialreporting; and

 

5.     The registrant’s other certifying officer and I havedisclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofthe registrant’s board of directors (or persons performing the equivalentfunctions):

 

a)     All significant deficiencies and material weaknessesin the design or operation of internal control over financial reporting whichare reasonably likely to adversely affect the registrant’s ability to record,process, summarize and report financial information; and

 

b)    Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’sinternal controls over financial reporting.

 
| Dated: August 9, 2004 |                                   |
|-----------------------|----------------------------------------|
|                  |                                   |
|                  | /s/  DAVID J.  EVANS              |   |
|                  | David J. Evans                         |
|                  | President and  Chief Executive Officer |

 

----
EXHIBIT 3.97
 Delaware
 
 The First State
   
 /s/ Harriett Smith Windsor

Harriet Smith Windsor, Secretary of State
 4639514 8100
    
    AUTHENTICATION: 7053907081239770
    
    Date: 12-30-08




---



##### 



CERTIFICATE OF FORMATION
OF
ST. MARYS HOLDINGS, LLC
      th
 /s/ J. Thomas Anderson

J. Thomas Anderson, Authorized PersonState of DelawareSecretary of StateDivision of CorporationsDelivered 04:09 PM 12/30/2008Filed 03:52 PM 12/30/2008SRV 081239770  4639514 File