alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
###### Editorial Note on Part 555

#### Editorial Note:

Nomenclature changes to part 555 appear by T.D. ATF-487, 68 FR 3748, Jan. 24, 2003.

#### § 555.62 State or other law.

A license or permit issued under this part confers no right or privilege to conduct business or operations, including storage, contrary to State or other law. The holder of a license or permit issued under this part is not, by reason of the rights and privileges granted by that license or permit, immune from punishment for conducting an explosive materials business or operations in violation of the provisions of any State or other law. Similarly, compliance with the provisions of any State or other law affords no immunity under Federal law or regulations.
<PAGE>

                                                                    EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ENACTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of United Bancorp, Inc. (the "Company")
on Form 10-Q for the period ending June 30, 2006 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, James W. Everson,
Chairman, President and Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as enacted pursuant to Section 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 results of operations
          of the Company.


/s/ James W, Everson
----------------------------------------
James W. Everson
Chairman, President and Chief Executive
Officer

August 14, 2006
<PAGE>

                                Exhibit 23.2


                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS




As independent public accountants, we hereby consent to the incorporation of our
report dated June 9, 1999, with respect to the consolidated financial statements
of UniComp, Inc. as of February 28, 1999 and 1998 and for each of the two years
ended February 28, 1999, included in this Form 10-K, into the following
previously filed Registration Statements of UniComp, Inc.



         -        Form S-3 (File Numbers 33-64312, 333-11605-27857 and 33-61049)

         -        Form S-8 (File Numbers 33-98564 and 333-21313)


                                           ARTHUR ANDERSEN LLP


Atlanta, Georgia
June 9, 1999
#### § 771.68 Revocation or denial of renewal.

If, on the date set for a hearing concerning the revocation or denial of renewal of a license or permit, the licensee or permittee does not appear, no evidence has been offered, and no good cause has been shown for the failure to appear, the Attorney for the Government will proceed ex parte and offer for the record sufficient evidence to make a *prima facie* case. At such hearing, documents, statements, and affidavits may be submitted in lieu of testimony of witnesses.
---

Exhibit 99.6

CERTIFICATION PURSUANT TO 18 U.S.C. §1350, AS ADOPTED
PURSUANT TO 
  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the annual report of Silver Wheaton Corp.
(the Company) on Form 40-F for the period ended December 31, 2011 as filed
with the Securities and Exchange Commission on the date hereof (the Report),
I, Gary Brown, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. §1350, as adopted pursuant to Section 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
this Report fairly presents, in all material respects, the financial condition
and results of operations of the Company.

|March 27, 2012 | By: | /s/
      Gary Brown   
|-------------- | --- | -----------------------
|               |     | Gary Brown             
|               |     | Chief Financial Officer

---
Exhibit 15.1
 
 CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
  
 PRICE WATERHOUSE & CO. S.R.L.By /s/ Daniel A. López Lado (Partner)

Daniel A. López Lado
         Price Waterhouse & Co. S.R.L., Bouchard 557, piso 8°, C1106ABG  Ciudad de Buenos Aires  T: +(54.11) 4850.0000, F: +(54.11) 4850.1800, www.pwc.com/ar
* Pursuant to 5 TH C IR

. R. 47.5, the Court has determined that this

opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. UNITED STATES COURT OF APPEALS For the Fifth Circuit

No. 02-40579 Summary Calendar

J. RANDY STROUD,

Plaintiff-Appellant,

VERSUS

BROTHERHOOD OF LOCOMOTIVE ENGINEERS; UNION PACIFIC RAILROAD COMPANY,

Defendants-Appellees.

Appeal from the United States District Court For the Eastern District of Texas, Sherman Division

(4:99-CV-289)

November 27, 2002

Before JONES, STEWART, and DENNIS, Circuit Judges.

PER CURIAM: *

Plaintiff J. Randy Stroud appeals from the district court’s

grant of summary judgment to Defendants Brotherhood of Locomotive

Engineers (BLE) and Union Pacific Railroad Co. (UP) on his claims

alleging deprivation of contractual and statutory rights in amerger implementation agreement between BLE and UP, as well as

claims of a violation of a duty of fair representation by BLE and

wrongful in terference with contractual relations by UP. The

district cou rt granted summary judgment on alternative grounds.

First, it concluded that it lacked subject matter jurisdiction over

the claims because they fell within the mandatory arbitration

provision of Ar ticle I, Section 11 of the N ew York Dock Ry.-

Control-Brooklyn Eastern Dist. Terminal , 360 I.C.C. 60, 84-90

(1979) (“ New York Dock ”), aff’d sub nom. N ew York Dock Ry. v.

United States
, 609 F.2d 83 (2nd Cir. 1979), conditions. Second,

the district court held that where New York Dock did not preclude

jurisdiction, it should decline jurisdiction under the primary

jurisdiction doctrine. Penny v. Southwestern Bell Telephone Co.

,
906 F.2d 183, 187 (5th Cir. 1990).

We re view the district court’s grant of summary judgment de

novo, employing the same criteria used in that court. R oge rs v.

International Marine Terminals , 87 F.3d 755, 758 (5th Cir. 1996).

Summary judgmen t should be granted where the record indicates no

genuine issue of material fact, and that the moving party is

entitled to judgment as a matter of law. Id.

Here, we agree with the district court that the gravamen of

Plaintiff’s complaint is a dispute with the “interp retation,

application and enforcement” of the BLE-UP implementation

agreement . Thus, federal jurisdiction is precluded by the

mandatory arbitration provision of New York Dock Article I, Section11. S paulding v. United Transportation Union

, 279 F.3d 901, 913

(10th Cir. 2002). To the extent that federal jurisdiction is not

preempted by the ma ndatory arbitration clause, we agree with the

district court that it should be declined because the Surface

Transportation Board has primary jurisdiction. P enny , 906 F.2d at

187.

The judgment of the district court is AFFIRMED.
### subpart 4—effective schools programs
§ 72.25 Deposit of collateral. ( a ) Bonds or notes of the United States, or other obligations which are unconditionally guaranteed as to both interest and principal by the United States, may be pledged and deposited by claimants as collateral security in lieu of corporate sureties in accordance with the provisions of Treasury Department Circular No. 154 (31 CFR Part 225—Acceptance of Bonds, Notes or Other Obligations Issued or Guaranteed by the United States as Security in Lieu of Surety or Sureties on Penal Bonds). Alternatively, cash, postal money orders, and certified or cashiers' or treasurers' checks may be furnished by claimants as collateral security in lieu of corporate sureties.
( b ) Treasury Department Circular No. 154 is periodically revised and contains the provisions of 31 CFR Part 225 and the forms prescribed in 31 CFR Part 225. Copies of the circular may be obtained from the Audit Staff, Bureau of Government Financial Operations, Department of the Treasury, Washington, DC 20226.
(July 30, 1947, Ch. 390, 61 Stat. 650 (6 U.S.C. 15); Aug. 16, 1954, Ch. 736, 68A Stat. 847, as amended (26 U.S.C. 7101))
[T.D. ATF-92, 46 FR 46914, Sept. 23, 1981]
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

 515.85

 516.15

 516.43

 516.38

 515.82

 515.18

 514.49

 514.06

 513.71

 513.34

 512.83

 512.12

 511.56

 510.77

 510.31

 509.66

 509.17

 508.64

 508.23

 507.68

 507.13

 506.78

 506.42

 506.12

 505.94

 505.86

 505.82

 505.84

 505.84

 505.72

 265.3

 266.3

 267.3

 267.1

 265.2

 263.1

 260.8

 259.4

 258.3

 257.1

 255.4

 253.1

 251.3

 248.7

 247.3

 245.2

 243.6

 242.0

 240.7

 239.0

 237.2

 236.1

 235.0

 234.1

 233.5

 233.3

 233.2

 233.2

 233.2

 232.9

STORAGE

-1.6

+1.0

+0.9

-0.2

-1.9

-2.1

-2.3

-1.4

-1.1

-1.2

-1.7

-2.3

-1.8

-2.5

-1.5

-2.1

-1.6

-1.7

-1.3

-1.7

-1.7

-1.1

-1.1

-0.9

-0.6

-0.2

-0.1

+0.1

+0.0

-0.4

CHANGE

1,058

2,107

2,019

1,573

956

982

937

1,126

962

956

740

368

660

109

485

-62

376

378

643

344

248

383

322

452

576

622

639

691

656

468

INFLOW

 357

 346

 284

 30

 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

MADERA

 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

 1,091

 830

 827

 1,203

 1,452

 1,634

 1,667

 1,419

 1,123

 1,145

 1,145

 1,092

 1,131

 954

 791

 546

 735

 800

 861

 795

 690

 503

 458

 500

 432

 335

 290

 268

 268

 268

FRIANT-KERN

 12

 18

 35

 24

 45

 18

 17

 20

 16

 21

 20

 19

 20

 16

 17

 18

 9

 5

 16

 2

 8

 12

 10

 5

 20

 11

 11

 5

 8

 7

C.F.S.

 .11

 .17

 .32

 .22

 .42

 .17

 .16

 .19

 .15

 .20

 .19

 .18

 .19

 .15

 .16

 .18

 .09

 .05

 .16

 .02

 .08

 .12

 .10

 .05

 .20

 .11

 .11

 .05

 .08

 .07

INCHES

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .46

 .18

 .13

 .02

 .63

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

NOVEMBER 2019 MILLERTON LAKE DAILY OPERATIONS RUN DATE: December 1, 2019

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S. 

TOTALS -34.1 21,774 1,017 25,253 0 465 4.45 1.42

ACRE-FEET -34,096 43,189 2,017 50,089 0 922

COMMENTS:

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

SUMMARY

RELEASE (ACRE-FEET)

CANALS

FRIANT-KERN

MADERA

 50,089

 2,017 76,366

PRECIPITATION

THIS MONTH =

JULY 1, 2019 TO DATE = 1.42

 267.0

 24,260 1.42

CANALS

AT FRIANT

TOTAL RELEASES

OUTLET

 423

 409

 401

 401

 401

 401

 401

 401

 401

 400

 413

 419

 419

 418

 418

 418

 417

 417

 417

 417

 417

 417

 417

 416

 405

 400

 400

 387

 380

 380

RIVER

 12,231

 24,260

RIVER

OCT 1, 2019 TO DATE = 1.42
§ 217.30 Reasons for denial of application. The Board will deny each application filed by or for an employee, spouse or survivor for one or more of the following reasons: ( a ) The claimant does not meet the eligibility requirements for an annuity or lump sum under this chapter.
( b ) The applicant does not submit the evidence required under this chapter to establish eligibility for an annuity or lump sum.
( c ) The applicant files an application more than three months before the date on which the eligible person's benefit can begin except if the application is for an employee disability annuity or for a spouse annuity filed simultaneously with the employee's disability annuity application.
[47 FR 7647, Feb. 22, 1982, as amended at 67 FR 42714, June 25, 2002]
EXHIBIT 31.1
 CCFNB BANCORP, INC.
 CEO CERTIFICATION PURSUANT TO
SECTION 302 OF THE  SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of CCFNB Bancorp, Inc. for the
quarterly period ended September 30, 2008;
 2.
    
    Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with
respect to the quarterly period covered by this amended report.
 3.
    
    Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods
presented in this amended report;
 4.
    
    The registrants other certifying officers and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)
and 15d  15 (e) and internal control over financial reporting (as defined in Exchange
Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officers and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent functions):
 (a)
    
    All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are 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 involves management or other employees who
have a significant role in the registrants internal control over financial reporting.
  /s/ Lance O. Diehl

     Lance O. DiehlChief Executive Officer
 - 35 -
<TABLE> <S> <C>

               <ARTICLE> 5
               <LEGEND>

          THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
          FIRECOM, INC.'S  CONSOLIDATED BALANCE  SHEET, STATEMENT OF INCOME 
          AND STATEMENT OF CASH FLOW FOR THE PERIOD ENDED JULY 31, 1997, AND
          IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL 
          STATEMENTS.

              </LEGEND>
              <RESTATED>
              <MULTIPLIER>                   1,000
                     
          <S>         <C>
          <PERIOD-TYPE>                      3-MOS
          <FISCAL-YEAR-END>                  APR-30-1998
          <PERIOD-END>                       JUL-31-1997
          <CASH>                             1,684
          <SECURITIES>  	                 0
          <RECEIVABLES>                      4,158
          <ALLOWANCES>                       356
          <INVENTORY>                        1,674
          <CURRENT-ASSETS>                   7,760
          <PP&E>                             1,299
          <DEPRECIATION>                     718
          <TOTAL-ASSETS>                     8,586
          <CURRENT-LIABILITIES>              1,697
          <BONDS>                            0
          <COMMON>    		             69
          <PREFERRED-MANDATORY>              0
          <PREFERRED>                        0
          <OTHER-SE>                         4,329
          <TOTAL-LIABILITY-AND-EQUITY>       8,586
          <SALES>                            3,006
          <TOTAL-REVENUES>                   3,006
          <CGS>                              1,758
          <TOTAL-COSTS>                      1,758
          <OTHER-EXPENSES>                   1,117
          <LOSS-PROVISION>                   63
          <INTEREST-EXPENSE>                 47
          <INCOME-PRETAX>                    21
          <INCOME-TAX>                       10
          <INCOME-CONTINUING>                11
          <DISCONTINUED>                     0
          <EXTRAORDINARY>                    0
          <CHANGES>                          0
          <NET-INCOME>                       11
          <EPS-PRIMARY>                      .00
          <EPS-DILUTED>                      .00
                       


</TABLE>
§ 217.26 How to cancel an application. An application may be cancelled under the following conditions: ( a ) *Before an annuity is awarded.* The application may be cancelled if— ( 1 ) The applicant files a written request with the Board at a place described in § 217.15 asking that the application be cancelled or stating that he or she wants to withdraw the application;
( 2 ) The claimant is alive on the date the written request is filed or the claimant is deceased and the rights of no person other than the person requesting the cancellation will be adversely affected; and
( 3 ) The applicant files the written request on or before the date the annuity is awarded.
( b ) *After an annuity is awarded.* The application may be cancelled if— ( 1 ) The conditions in paragraph (a)(1) and (2) of this section are met;
( 2 ) Any other person who would lose benefits because of the cancellation consents to the cancellation in writing; and
( 3 ) All annuity payments already made based on the application being cancelled are repaid or will be recovered.
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

 524.48

 525.60

 526.13

 526.71

 527.20

 527.69

 528.26

 528.96

 529.59

 530.12

 530.94

 531.24

 531.63

 532.03

 532.47

 533.05

 534.47

 537.30

 543.00

 546.74

 548.88

 550.71

 552.28

 553.68

 555.07

 556.58

 557.54

 557.80

 559.67

 560.22

 560.35

 295.0

 299.0

 300.9

 303.0

 304.7

 306.5

 308.6

 311.1

 313.4

 315.4

 318.4

 319.5

 321.0

 322.4

 324.1

 326.3

 331.6

 342.4

 364.8

 380.0

 388.8

 396.4

 403.0

 409.0

 414.9

 421.5

 425.6

 426.8

 435.0

 437.5

 438.0

STORAGE

+3.4

+4.0

+1.9

+2.1

+1.8

+1.8

+2.1

+2.6

+2.3

+1.9

+3.0

+1.1

+1.4

+1.5

+1.6

+2.2

+5.4

+10.8

+22.4

+15.1

+8.8

+7.6

+6.6

+5.9

+6.0

+6.5

+4.2

+1.1

+8.2

+2.4

+0.6

CHANGE

1,911

2,120

1,063

1,164

1,015

988

1,130

1,366

1,243

1,071

1,602

642

811

830

913

1,172

2,776

5,534

11,385

7,686

4,488

3,884

3,548

3,506

3,514

4,163

3,425

3,263

8,150

5,264

4,319

INFLOW

 0

 6

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 122

 415

 471

 474

 476

 376

 112

 0

 0

MADERA

 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

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

FRIANT-KERN

 1

 3

 3

 7

 19

 7

 9

 2

 0

 11

 2

 5

 4

 5

 7

 2

 0

 0

 18

 1

 5

 3

 10

 7

 8

 10

 6

 1

 3

 24

 12

C.F.S.

 .01

 .03

 .03

 .06

 .16

 .06

 .08

 .02

 .00

 .09

 .02

 .04

 .03

 .04

 .06

 .02

 .00

 .00

 .14

 .01

 .04

 .02

 .07

 .05

 .06

 .07

 .04

 .01

 .02

 .17

 .08

INCHES

 .00

 .00

 .00

 .04

 .46

 .00

 .00

 .00

 .02

 .00

 .00

 .00

 .00

 .24

 .00

 .13

 1.37

 .98

 1.47

 .40

 .12

 .69

 .00

 .00

 .59

 .00

 .00

 2.04

 .15

 .08

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

DECEMBER 2010 MILLERTON LAKE DAILY OPERATIONS RUN DATE: January 3, 2011

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S. 

TOTALS +146.4 93,946 2,452 0 0 195 1.53 8.78

ACRE-FEET +146,447 186,342 4,864 0 0 387

COMMENTS:

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

SUMMARY

RELEASE (ACRE-FEET)

CANALS

FRIANT-KERN

MADERA

 0

 4,864 39,504

PRECIPITATION

THIS MONTH =

JULY 1, 2010 TO DATE = 13.00

 291.6

 34,640 8.78

CANALS

AT FRIANT

TOTAL RELEASES

OUTLET

 201

 102

 104

 105

 105

 86

 76

 76

 76

 77

 77

 77

 77

 77

 77

 77

 77

 77

 79

 56

 34

 31

 84

 85

 32

 384

 833

 2,313

 3,882

 4,011

 4,016

RIVER

 17,464

 34,640

RIVER
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 HIGH

 23,153

 22,543

 21,875

 20,916

 20,031

 20,595

 21,699

 22,551

 24,352

 25,434

 26,482

 25,859

 25,371

 25,001

 24,980

 23,548

 22,494

 19,801

 18,641

 20,379

 22,808

 23,578

 24,374

 25,785

 26,080

 26,045

 26,238

 26,319

 26,582

 26,589

 25,219

 6,375

 6,122

 6,775

 6,801

 8,226

 9,503

 9,066

 10,453

 10,226

 9,716

 9,171

 5,250

 8,487

 9,046

 8,973

 9,095

 8,861

 9,668

 9,705

 10,317

 9,671

 10,550

 9,658

 10,736

 10,667

 9,961

 10,440

 10,442

 9,920

 10,810

 11,959

 14,598

 14,251

 14,183

 14,124

 14,269

 14,633

 14,063

 14,992

 15,786

 17,066

 17,104

 16,856

 16,963

 16,882

 16,817

 16,145

 15,783

 15,125

 14,617

 14,746

 14,610

 15,592

 17,032

 17,973

 17,869

 18,076

 18,179

 18,018

 18,125

 18,500

 18,648

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

JULY 2007 WATER QUALITY REPORT RUN DATE: August 2, 2007

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

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PORT CHICAGO BOTTOM IN SUISUN BAY
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 1 7

- 4593

_____________________________
D ANIEL L AMAR W ILLIAMS , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Cour t for Duval County

. Steven B. Whittington , Judge

. August 1, 2019

P ER C URIAM

.
A FFIRMED

. See Kl ine v. State
, 44 Fla. L. Weekly D1471a (Fla. 1st DCA June 7, 2019) (holding that where it is unclear whether the trial court used the correct stand ard to deny a motion for new trial, “the potential that the trial court erred does not reach the level of fundamental error”).

R AY , C.J., and R OWE , J., concur ; O STERHAUS , J. , dissents with opinion.2 _____________________________ Not final until disposition of any tim ely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________
O STERHAUS , J. , dissenting.

I would reverse and remand for further consideration. See Palmer v. State , 196 So. 3d 1289 (Fla. 1st DCA 2016 ).

_____________________ ________

Andy Thomas, Public Defender, and Barbara J. Busharis
, Assistant Public Defender, Tallahassee
, for Appellant.

Ashley Moody , Attorney General, and Benjamin L

. Hoffman, Assistant Attorney General, Tallahassee
, for Appellee.