alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 320.40 Procedure before the Board on appeal from a decision of a hearings officer. Upon the filing of an appeal to the Board from a decision of a hearings officer, the Secretary to the Board shall notify all parties to the decision of the hearings officer that an appeal has been filed. The parties shall not have the right to submit additional evidence, except that: ( a ) The Board may permit the submission of additional evidence upon a showing by a party that he or she has additional evidence to present which, for valid reasons, he or she was unable to present at an earlier stage;
( b ) The Board may request the submission of additional evidence; and
( c ) The Board may designate any employee of the Board to take additional evidence and to report his or her findings to the Board. Any such additional evidence shall be submitted in such manner as the Board may indicate and shall be included in the record.
( d ) Any party may submit additional argument in writing with the appeal to the Board. No party shall have the right to an oral presentation before the Board except where the Board so permits. Such presentation may be limited in form, subject matter, length, and time as the Board may indicate to the parties.
[56 FR 65681, Dec. 18, 1991, as amended at 67 FR 77158, Dec. 17, 2002]
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

CHRIS KAISER, an individual, and AMERICAN BAMBOO FARMERS 

ALLIANCE, LLC, a Florida limited liability company,

Appellants,

v.

ONLYMOSO USA CORP., 

a Florida corporation,

Appellee.

No. 4D19-2381

[February 19, 2020]

Appeal of a nonfinal order from the Circuit Court for the Seventeenth 

Judicial Circuit, Broward County; Michael A. Robinson, Judge; L.T. Case 

No. CACE-19-006161 (13).

Jared M. Krukar of Kynes, Markman & Felman, P.A., Tampa, for 

appellants.

Joseph V. Priore of Santucci Priore, P.L., Fort Lauderdale, for appellee.

PER CURIAM.

Appellants Chris Kaiser and American Bamboo Farmers Alliance LLC, 

the defendants below, appeal an order granting a temporary injunction 

enforcing a noncompete agreement in favor of the plaintiff below, 

Onlymoso USA Corp. We affirm the temporary injunction. Picture It Sold 

Photography, LLC v. Bunkelman, 45 Fla. L. Weekly D74 (Fla. 4th DCA Jan. 

8, 2020) (outlining the requisite elements and the standard of review). 

However, we remand for the trial court to reimpose the injunction bond.

The trial court entered the order setting the bond while there was a stay 

in effect pending appellate review, thereby depriving the court of 

jurisdiction to do so. See Fla. R. App.P. 9.130(f); see also Soles v. Soles, 

536 So. 2d 367 (Fla. 1st DCA 1988) (concluding that the lower court lacked 

jurisdiction to clarify and modify a nonfinal order when it was on appeal). 

Consequently, we reverse the bond order, but decline to consider 

appellants’ challenge to the bond amount. 
2

Affirmed and remanded.

LEVINE, C.J., MAY and GERBER, JJ., concur. 

* * *

Not final until disposition of timely filed motion for rehearing.
§ 363.2 Definitions. ( a ) *Child support* means periodic payments of funds for the support and maintenance of a child or children; such term also includes attorney's fees, interest, and court costs, when and to the same extent that they are expressly made recoverable pursuant to a decree, order, or judgment issued in accordance with applicable state law by a court of competent jurisdiction.
( b ) *Alimony* means periodic payments of funds for the support and maintenance of a spouse or former spouse and, subject to and in accord with state law, includes but is not limited to, separate maintenance, alimony pendente lite, maintenance, and spousal support; such term also includes attorney's fees, interest, and court costs, when and to the extent that they are expressly made recoverable pursuant to a decree, order, or judgment issued in accord with applicable state law by a court of competent jurisdiction. Alimony does not include any payment or transfer of property or of its value in compliance with any community property settlement, equitable distribution of property, or other division of property, nor does it include any payment to an estate.
( c ) *Legal process* means any court order, summons, or other similar process, including administrative orders, in the nature of garnishment, which is directed to and the purpose of which is to compel the Board to make a payment from moneys which are otherwise payable to an individual, to another party in order to satisfy a legal obligation of such individual to provide child support or make alimony payments. Legal process additionally includes assignments in lieu of garnishment, but only where grounds for the issuance of legal process in the nature of garnishment exist. Such assignments are revocable.
#### Catherine P. Frost, as Committee of the Person and Property of Uzarella Hayward, an Incompetent Person, Appellant, v. Edwin S. Hayward and Another, Respondents.

Motion granted and appeal dismissed, with costs.
### §6801. Authorization of appropriations

There are authorized to be appropriated to carry out this subchapter—

(1) $756,332,450 for fiscal year 2017;

(2) $769,568,267 for fiscal year 2018;

(3) $784,959,633 for fiscal year 2019; and

(4) $884,959,633 for fiscal year 2020.

(Pub. L. 89–10, title III, §3001, as added Pub. L. 107–110, title III, §301, Jan. 8, 2002, 115 Stat. 1689; amended Pub. L. 114–95, title III, §3002, Dec. 10, 2015, 129 Stat. 1953.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 6801, Pub. L. 89–10, title III, §3101, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3636, set out Short Title of prior subchapter III as the Technology for Education Act of 1994, prior to the general amendment of this subchapter by Pub. L. 107–110.

A prior section 3001 of Pub. L. 89–10 was classified to section 3021 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382.

#### Amendments

2015—Pub. L. 114–95 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to authorizations of appropriations, conditions on effectiveness of parts A and B of this subchapter, and references to parts A and B of this subchapter.

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

#### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
§ 404.1088 Retirement payment to retired partners. ( a ) *In general.* If you are a retired partner, in figuring your net earnings from self-employment you must exclude payments made to you on a periodic basis by a partnership on account of your retirement and which are to continue until your death. This exclusion applies only if the payments are made under a written plan which meets the requirements set out in 26 CFR 1.1402(a)-(17) and the conditions in paragraph (b) of this section are met. The necessary requirements and conditions must be met throughout the entire partnership's taxable year for the payments to be excluded so that either all or none of the payments are excluded.
( b ) *Other conditions.* You must have been paid your full share of the partnership's capital before the close of the partnership's taxable year in which retirement payments are made. Also, no member of the partnership can have any financial obligations to you (in his or her capacity as a partner) except to make the retirement payments. Lastly, you cannot perform any services for the partnership in the partnership's taxable year which falls wholly or partially in your taxable year in which you receive the retirement payments.
Example: D, a partner in the DEF partnership, retired from the partnership as of December 31, 1976. The taxable year of both D and the partnership is the calendar year. During the partnership's taxable year ending December 31, 1977, D rendered no service to any trade or business carried on by the partnership. On or before December 31, 1977, all obligations (other than retirement payments under the plan) from the other partners to D were liquidated, and D's share of the capital of the partnership was paid to him. Retirement payments received by D under the partnership's plan in his taxable year ending December 31, 1977, are excluded in determining net earnings from self-employment (if any) for that taxable year.
### §60. Army articles furnished to National Museum

The Secretary of the Army is authorized to furnish to the National Museum, for exhibition, upon request therefor by the administrative head thereof, such articles of arms, materiel, equipment, or clothing as have been issued from time to time to the United States Army, or which have been or may hereafter be produced for the United States Army, and which are objects of general interest or of foreign or curious research, provided that such articles can be spared.

(Mar. 4, 1921, ch. 166, §1, 41 Stat. 1438; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; Oct. 31, 1951, ch. 654, §3(4), 65 Stat. 708.)

#### **Editorial Notes**

#### Amendments

1951—Act Oct. 31, 1951, struck out "are surplus or" after "articles".

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

#### Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

#### **Executive Documents**

#### Secretary of Air Force

For transfer of certain personal property and personal property functions, insofar as they pertain to the Air Force, from Secretary of the Army to Secretary of the Air Force, see Secretary of Defense Transfer Order No. 39 [§2vv], eff. May 18, 1949.
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

 999.59

 999.36

 999.26

 999.06

 999.02

 998.89

 998.73

 998.52

 998.28

 998.07

 997.89

 997.68

 997.37

 997.07

 996.61

 996.08

 995.58

 995.03

 994.65

 994.28

 993.93

 993.61

 993.30

 993.08

 992.87

 992.65

 992.41

 992.21

 992.00

 991.75

 991.57

 1,467.4

 1,465.3

 1,464.4

 1,462.6

 1,462.2

 1,461.0

 1,459.5

 1,457.6

 1,455.4

 1,453.5

 1,451.9

 1,450.0

 1,447.1

 1,444.4

 1,440.2

 1,435.4

 1,430.9

 1,426.0

 1,422.5

 1,419.2

 1,416.1

 1,413.2

 1,410.4

 1,408.5

 1,406.6

 1,404.6

 1,402.5

 1,400.7

 1,398.8

 1,396.6

 1,395.0

STORAGE

-3.1

-2.1

-0.9

-1.8

-0.4

-1.2

-1.5

-1.9

-2.2

-1.9

-1.6

-1.9

-2.8

-2.7

-4.2

-4.8

-4.5

-5.0

-3.4

-3.3

-3.1

-2.9

-2.8

-2.0

-1.9

-2.0

-2.1

-1.8

-1.9

-2.2

-1.6

CHANGE

1,524

1,375

1,925

1,685

2,117

1,859

1,508

1,358

1,100

1,268

1,294

1,263

1,101

1,136

960

747

1,037

670

862

841

804

881

806

631

869

772

806

962

1,038

911

903

INFLOW

 2,967

 2,361

 2,271

 2,479

 2,187

 2,359

 2,150

 2,235

 2,122

 2,172

 2,055

 2,129

 2,441

 2,379

 2,974

 3,088

 3,222

 3,086

 2,504

 2,431

 2,299

 2,238

 2,131

 1,549

 1,727

 1,681

 1,796

 1,777

 1,942

 1,953

 1,611

POWER

 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

OUTLET

 128

 77

 116

 130

 115

 98

 95

 89

 83

 62

 65

 97

 82

 132

 88

 79

 91

 87

 81

 87

 90

 87

 75

 75

 87

 81

 89

 84

 40

 78

 98

C.F.S.

 .43

 .26

 .39

 .44

 .39

 .33

 .32

 .30

 .28

 .21

 .22

 .33

 .28

 .45

 .30

 .27

 .31

 .30

 .28

 .30

 .31

 .30

 .26

 .26

 .30

 .28

 .31

 .29

 .14

 .27

 .34

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

 .00

 .00

 .23

 .00

 .00

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

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

MAY 2004 NEW MELONES LAKE DAILY OPERATIONS RUN DATE: June 18, 2004

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S.

TOTALS -75.5 35,013 70,316 0 0 2,766 9.45 .23

ACRE-FEET -75,500 69,448 139,472 0 0 5,486

COMMENTS:

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

SUMMARY

RELEASE (ACRE-FEET)

POWER 139,472

SPILL 0

OUTLET

TOTAL

 0

 139,472

PRECIPITATION

THIS MONTH =

TO DATE =

 .23

JULY 1, 2003 20.08

 1,470.5

Table 13
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

 11,693

 14,490

 13,139

 12,291

 11,140

 9,204

 8,881

 10,540

 9,190

 13,859

 11,980

 10,118

 9,054

 10,931

 13,686

 14,310

 10,595

 13,842

 11,613

 10,860

 10,569

 11,944

 13,507

 19,540

 18,192

 19,352

 18,210

 20,668

 18,812

 17,692

 18,513

 3,735

 3,331

 3,139

 2,818

 3,274

 2,805

 2,039

 2,002

 2,617

 2,946

 2,531

 2,271

 1,634

 2,304

 2,782

 4,018

 2,244

 2,112

 3,013

 2,234

 2,069

 3,511

 5,144

 7,302

 7,000

 6,256

 6,082

 6,409

 6,443

 6,696

 7,016

 6,951

 7,350

 6,739

 7,006

 7,528

 6,384

 5,698

 5,898

 6,135

 7,346

 6,754

 5,889

 5,982

 7,054

 8,839

 8,606

 7,034

 7,717

 8,443

 7,239

 6,974

 7,823

 8,908

 12,191

 12,639

 12,206

 12,424

 12,714

 12,543

 12,738

 12,814

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

OCTOBER 2011 WATER QUALITY REPORT RUN DATE: November 9, 2011

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PORT CHICAGO TOP IN SUISUN BAY
**CERTIFICATION**




COMM
      2005-LP5 Mortgage Trust (the “ Trust ”)




I,
      Helaine M. Kaplan, President of Deutsche Mortgage & Asset Receiving
      Corporation, certify that:




1.  I
      have
      reviewed this annual report on Form 10-K, and all reports on Form 8-K containing
      distribution date reports filed in respect of periods included in the year
      covered by this annual report, of the Trust;




2.  Based
      on
      my knowledge, the information in these reports, taken as a whole, 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 as of the last day of the period
      covered by this annual report;




3.  Based
      on
      my knowledge, the servicing information required to be provided to the trustee
      by the servicer and the special servicer under the pooling and servicing
      agreement is included in these reports;




4.  Based
      on
      my knowledge and upon the annual compliance statement included in the report
      and
      required to be delivered to the trustee in accordance with the terms of the
      pooling and servicing agreement, and except as disclosed in the reports, the
      servicer and special servicer have fulfilled their obligations under the pooling
      and servicing agreement; and




5.  The
      reports disclose all significant deficiencies relating to the servicer’s or
      special servicer’s compliance with the minimum servicing standards, based upon
      the report provided by an independent public accountant, after conducting a
      review in compliance with the Uniform Single Attestation Program for Mortgage
      Bankers or similar procedure, as set forth in the pooling and servicing
      agreement, that is included in these reports.




In
      giving
      the certifications above, I have reasonably relied on information provided
      to me
      by the following unaffiliated parties: Midland Loan Services, Inc., as servicer,
      Lennar Partners, Inc., as special servicer, LaSalle Bank National Association,
      as trustee, and GEMSA Loan Services, L.P., as servicer with respect to the
      63
      Madison Avenue Loan and Lakeside Mall Loan.




Date:  March
      27, 2006






By:  /s/
      Helaine M. Kaplan


Title:
      President
#### Kline *vs.*McGuckin and others.

Where a mortgage is shown to be an open one, tiio holder of it can recover nothing but -what is proved with reasonable certainly to be due. iloubts ami indefinileness should work against the mortgagee and not in his favor. The burden of proof is on him.

*Mr. J.*A~. *Voorhees,*for complainant.

*Mr. W. J,, Magie,*for defendants.

The Yioe-ChanceIíLou.

By a decree heretofore made in this suit, pursuant to the ■opinion in 9 C. *E. Green*412, a deed of conveyance absolute on its face, bearing date April 23d, 1860, and made by Edmund B. McGuckin to his brother, James B. McGuckin, was adjudged to be a security in the nature of a mortgage. The amount due on it did not sufficiently appear, and leave was therefore given to the parties to produce further evidence in regard to it. Two of the witnesses originally examined liave been recalled, and the settlement of the amount, which .has been for some time suspended with the expectation of *434other witnesses being produced, is now submitted for decision» without argument.

The evidence before me is general and indeterminate. The-case is one where doubts and uncertainties should operate against the mortgagee and not in his favor. His mortgage is an open one, and be is entitled to recover nothing under it,, except what is affirmatively made to appear with reasonable certainty of proof. His inability to establish, the amount with accuracy, is attributable to his own carelessness or-neglect. The general estimates made by himself and his-brother-in-law, Sherwood, both of whom are interested parties, are not supported by the testimony of his brother,. Edmund B., whose interest in the result, as the case stands, is less influential than theirs. It is clear that an indebtedness did exist at the date of the deed, and the best judgment I can form is, that it may be justly fixed at that time at the sum of $2000. That it was not less than this, appears from the testimony of Edmund, and though the testimony of James and Sherwood makes it nearly twice as much,.-I should not feel warranted, in view of the character of the proofs, in advising a decree for more than the amount above named. The error,, if any, ought to be against the mortgagee;

I will advise that the complainant be allowed to redeem, by the payment of $2000, with interest from the date oJ" the deed, or to sell the premises under his foreclosure suit, subject, to the lien of the deed thus defined.
§ 345.122 Interest. ( a ) *Rate.* If the employer's contribution is not paid to the Board when due and is not adjusted under § 345.118 of this part, interest accrues at the rate of 1 percent per month, or fraction of a month. Interest on past due contributions from the due date thereof until the date paid will be assessed after payment of the contributions, and notice and demand made upon the employer for payment thereof, in any case in which payment of the contribution is made before assessment under § 345.120.
( b ) *Waiver of interest.* The Chief Financial Officer may waive, in whole or in part, any interest imposed by paragraph (a) of this section if in his or her judgment— ( 1 ) There was a reasonable cause and not willful neglect for the late filing, late payment or underpayment, such as: the serious illness or death of an individual with the sole authority to execute the return and payment; fire, casualty, or natural disaster at the place where the railroad unemployment insurance records are kept; or reasons outside the employer's control, such as, the failure of the employer's bank to comply with the employer's filing and payment instructions;
( 2 ) The amount of interest attributed to the delinquency is totally disproportionate to the period of the delay and the amount of contributions paid; and
( 3 ) The employer's past record for timely compliance with railroad unemployment insurance reporting and payment requirements warrants such action considering such factors as the number and extent of delays associated with late reports, payments, and underpayments.
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 HIGH

 14,326

 14,712

 15,510

 17,136

 14,206

 13,472

 12,205

 11,857

 14,607

 14,790

 14,602

 11,814

 10,254

 14,185

 11,839

 11,868

 11,767

 8,458

 9,435

 11,845

 14,235

 14,200

 15,214

 15,576

 18,305

 14,429

 12,968

 13,104

 13,457

 12,532

 5,288

 5,186

 4,796

 3,813

 3,199

 2,598

 2,477

 2,932

 3,499

 3,595

 4,168

 3,297

 3,115

 3,280

 3,804

 3,593

 3,479

 1,773

 3,348

 4,536

 3,757

 6,647

 6,645

 6,669

 6,834

 3,076

 3,455

 4,451

 4,212

 4,854

 9,724

 9,168

 9,457

 8,887

 8,087

 7,024

 7,187

 7,890

 8,291

 8,622

 8,924

 7,280

 6,915

 7,346

 7,684

 7,200

 6,871

 5,293

 6,849

 8,421

 7,502

 11,331

 11,002

 11,769

 11,618

 9,338

 9,179

 8,454

 8,556

 8,295

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

SEPTEMBER 2011 WATER QUALITY REPORT RUN DATE: October 19, 2011

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PORT CHICAGO TOP IN SUISUN BAY
### §212. Offenses; punishment; duty to enforce provisions

Any person, firm, or corporation, whose permanent allegiance is due to the United States, violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50 and not more than $100 or by imprisonment for not less than one month and not more than sixty days, or by both such fine and imprisonment, in the discretion of the court, and if the offense be continuing in its character, each week or part of a week during which it continues shall constitute a separate and distinct offense. And it shall be the duty of the consular and judicial officers of the United States in China to enforce the provisions of this chapter.

(Mar. 3, 1915, ch. 74, §11, 38 Stat. 821.)