alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Third District Court of Appeal State of Florida Opinion filed April 26, 2023

. Not final until disposition of timely filed motion for rehearing.

________________ No s

. 3D22

- 1970 , 3D22

- 1999 Lower Tribunal No s

. 14

- 13703 , 18

- 7447

________________ 

### Dario Carnevale, et al. , Petitioner s ,
vs. 

### Rogenia Trading, Inc., etc., et al. , Respondent s

.
Case s of Original Jurisdiction

– Prohibition

. Squire Patton Boggs (US) LLP, and Alvin B. Davis , for petitioner s

. The Tome Law Firm, P.A., and Jay R. Tome (Davie) , for respondent s

. Roniel Rodriguez IV, P.A., and R oniel Rodriguez IV, for Michael I. Feldman, Esquire, as amicus curiae. Before LOGUE, HENDON and BOKOR , JJ. B OKOR , J

.2 Dario and Flavia Carnevale petition for writ s of prohibition , seeking to reverse the denial of their motion s to disqualify the trial judge from presiding over the three underlying cases. The Carnevales argue that the trial judge exhibited bias due to certain social media postings evincing a friendly relationship with a proposed third

- party intervenor, Michael F eldman, Esq., and his counsel, as well as by allowing Mr. Feldman to participate in hearings without having been formally added as a party. Preliminarily, we note the Carnevales already successfully moved to disqualify a previous trial judge on this same basis earlier in the litigation

. A party may not seek a second disqualification of a successor judge except in such instance where the party demonstrates actual bias or prejudice. See Fla. R. Gen. Prac. & Jud. Admin. 2.330(i) (“If a judge has been previo usly disqualified on motion for alleged prejudice or partiality under subdivision (e), a successor judge cannot be disqualified based on a successive motion by the same party unless the successor judge rules that he or she is in fact not fair or impartial in the case.”). We review such a determination under an abuse of discretion standard. See Delgado v. Miller , 48 Fla. L. Weekly D405 (Fla. 3d DCA Feb. 22, 2023) (“[A]n order denying the disqualification of a successor judge is reviewed for an abuse of dis cretion. Prohibition does not lie unless the record clearly refutes the successor judge’s decision to deny3 the motion.”) (citations and quotations omitted). T he record reveals the trial court made the best of a messy situation and attempted to provide no tice and an opportunity to be heard to all impacted parties. To the extent the Carnevales

— or any other party

— objected to the procedure employed by the court, the remedy does not lie in seeking to recuse or disqualify the trial judge

. See, e.g., Bodden v. State , 314 So. 3d 458, 461 (Fla. 3d DCA 2020) (“To prevail on a petition for a writ of prohibition seeking to bar a trial judge from presiding over a case requires more than mere disagreement with a ruling on a given motion. This is because an a dverse ruling is not a legally sufficient ground to disqualify the trial judge.”). Petition denied.
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

 24,613

 23,247

 22,889

 24,712

 27,201

 26,937

 27,102

 27,355

 27,654

 27,772

 26,777

 26,186

 24,830

 23,897

 23,268

 21,828

 22,011

 23,967

 25,445

 24,474

 27,309

 27,232

 28,312

 28,568

 28,010

 27,405

 26,775

 21,258

 24,759

 23,441

 23,846

 13,588

 11,923

 12,031

 13,033

 13,523

 12,838

 12,102

 11,969

 12,204

 11,790

 11,997

 11,959

 11,718

 12,408

 13,120

 13,102

 13,180

 13,576

 13,561

 12,986

 13,132

 14,049

 14,236

 14,759

 13,780

 12,970

 20,037

 12,974

 13,484

 13,966

 14,503

 19,142

 17,229

 16,789

 17,457

 19,040

 19,259

 19,114

 19,325

 19,502

 19,396

 19,381

 18,621

 18,415

 18,114

 18,298

 17,857

 17,135

 17,309

 18,166

 18,038

 19,675

 20,030

 21,141

 21,281

 20,525

 19,988

 23,890

 17,185

 19,302

 19,004

 19,429

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

AUGUST 2007 WATER QUALITY REPORT RUN DATE: September 11, 2007

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PORT CHICAGO BOTTOM IN SUISUN BAY
# C_2012372EN.01000301.xml

| 1.12.2012 | EN | Official Journal of the European Union | C 372/3 |
| --- | --- | --- | --- |

1.12.2012

EN

Official Journal of the European Union

C 372/3

---

Information communicated by Member States regarding closure of fisheries

2012/C 372/04

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

1

| Date and time of closure | 11.11.2012 |
| --- | --- |
| Duration | 11.11.2012-31.12.2012 |
| Member State | Portugal |
| Stock or group of stocks | WHB/8C3411 |
| Species | Blue whiting (Micromesistius poutassou) |
| Zone | VIIIc, IX and X; EU waters of CECAF 34.1.1 |
| Type(s) of fishing vessels | — |
| Reference number | FS/71/TQ44 |

Date and time of closure

11.11.2012

Duration

11.11.2012-31.12.2012

Member State

Portugal

Stock or group of stocks

WHB/8C3411

Species

Blue whiting (Micromesistius poutassou)

Micromesistius poutassou

Zone

VIIIc, IX and X; EU waters of CECAF 34.1.1

Type(s) of fishing vessels

—

Reference number

FS/71/TQ44

---

(1)  OJ L 343, 22.12.2009, p. 1.

1

---
#### Donald D. Boyd, Respondent, v. Buffalo Steam Roller Company, Appellant.

Motion granted and appeal dismissed, with costs, including ten dollars costs of this motion.
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12

13

14

15

16

17

18

19

20

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22

23

24

25

26

27

28

29

30

31

DAY HIGH

 66

 64

 63

 64

 65

 75

 74

 74

 69

 73

 66

 68

 68

 65

 73

 64

 68

 72

 76

 75

 75

 69

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 67

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 61

 65

 66

 64

 66

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

AUGUST 2020 WATER QUALITY REPORT RUN DATE: October 19, 2020

HIGH LOW MEAN

 80.6

 81.3

 81.1

 80.3

 79.3

 78.5

 80.0

 81.6

 86.9

 87.3

 86.2

 81.5

 81.2

 82.4

 83.1

 84.1

 83.7

 84.2

 81.1

 78.0

 75.4

 74.1

 75.2

 76.2

 77.9

 78.7

 77.8

 77.7

 78.3

 76.9

 76.2

 72.9

 73.8

 74.1

 73.7

 73.5

 72.0

 73.3

 74.3

 75.2

 81.3

 77.6

 74.2

 75.1

 75.9

 76.9

 77.5

 78.1

 78.5

 77.6

 74.5

 72.2

 70.1

 70.7

 71.5

 72.7

 72.9

 71.2

 71.7

 72.0

 71.6

 71.0

 76.6

 77.3

 77.3

 76.7

 76.0

 75.2

 76.4

 77.7

 80.2

 84.4

 81.0

 77.8

 78.2

 78.9

 79.9

 80.7

 80.8

 81.2

 79.3

 76.3

 73.8

 72.1

 72.8

 73.7

 75.0

 75.5

 74.5

 74.6

 75.0

 74.4

 73.7

HIGH LOW MEAN

 8.5

 8.5

 8.5

 8.5

 8.5

 8.7

 8.6

 8.5

 0.0

 0.0

 0.0

 8.5

 8.6

 8.5

 8.4

 8.4

 8.4

 8.2

 8.3

 8.7

 9.0

 9.3

 9.3

 9.3

 9.2

 9.0

 9.0

 9.2

 9.4

 0.0

 0.0

 7.8

 7.7

 7.7

 7.8

 7.8

 7.9

 7.7

 7.7

 0.0

 0.0

 0.0

 7.6

 7.6

 7.6

 7.5

 7.4

 7.4

 7.3

 7.3

 7.6

 8.0

 8.3

 8.4

 8.2

 8.1

 8.0

 8.0

 7.9

 7.9

 0.0

 0.0

 8.0

 8.0

 8.0

 8.1

 8.1

 8.2

 8.1

 8.0

 0.0

 0.0

 0.0

 8.0

 8.0

 8.0

 7.9

 7.8

 7.8

 7.7

 7.7

 8.1

 8.4

 8.8

 8.8

 8.7

 8.6

 8.4

 8.4

 8.5

 8.5

 0.0

 0.0

Comments:

0 reading indicates that the station was out of service.

RIPON ON THE STANISLAUS RIVER

 ELECTRICAL CONDUCTIVITY, UMHOS WATER TEMPERATURE, DEG DISSOLVED OXYZEN, PPM
#### Isidor H. Aaron, Respondent, v. Nellie Thompson, Appellant.

Judgment affirmed, without costs. No opinion. Jenks, P. J., Burr, Thomas, Carr and Rich, JJ., concurred.
**EXHIBIT32.2**

CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANTTO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of AdvancedBioEnergy, LLC (the “Company”) on Form 10-KSB for the period ended September30, 2006, as filed with the Securities and Exchange Commission on the datehereof (the “Report”), I, Richard Peterson, Chief Financial Officer and VicePresident of Accounting and Finance of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that to the best of my knowledge:

(1)                                  TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

(2)                                  Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
|          |   | /s/ Richard Peterson                       |
|----------|--------|--------------------------------------------|
|     |   | Richard Peterson                           |
| * * |   | *Chief Financial Officer and*              |
| * * |   | *Vice President of Accounting and Finance* |
|     |   | December 29, 2006                          |

 

----
# EUR-Lex - - EN

Important legal notice

*|*

#

**Children with Down syndrome Declaration of the European Parliament of 18 April 2012 on children with Down syndrome **

*
Official Journal C 258 E , 07/09/2013 P. 0051 - 0052 *

Children with Down syndrome

P7_TA(2012)0130

Declaration of the European Parliament of 18 April 2012 on children with Down syndrome

2013/C 258 E/06

The European Parliament,

- having regard to Rule 123 of its Rules of Procedure,

A. whereas it is estimated that the chances of a child being born with Down syndrome are between 600 and 1000 to 1;

B. whereas Down syndrome is one of the commonest genetic causes of learning disabilities;

C. whereas congenital anomalies are one of the main causes of infant mortality and long-term disability, and children with Down syndrome can suffer from numerous congenital disturbances, the most frequent being heart disease;

D. whereas Article 26 of the Charter of Fundamental Rights of the European Union states: 'The Union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community';

E. whereas the EU has ratified the UN Convention on the Rights of Persons with Disabilities, which lays down universal minimum standards protecting and guaranteeing a whole range of civil, political, social and economic rights;

1. Calls on the Commission, the Council and the Member States to:

- contribute to the social inclusion of children with Down syndrome by means of awareness-raising campaigns at national and European level;

- promote pan-European research into the treatment of this condition;

- draw up a Europe-wide strategy for protecting the rights of children with Down syndrome in the EU;

2. Instructs its President to forward this declaration, together with the names of the signatories [1], to the Commission, the Council and the national authorities concerned.

[1] The list of signatories is published in Annex 2 to the Minutes of 18 April 2012 (P7_PV(2012)04-18(ANN2)).

--------------------------------------------------
I 

114TH CONGRESS 

1ST SESSION H. R. 3969 

To designate the Department of Veterans Affairs community-based outpatient 

clinic in Laughlin, Nevada, as the ‘‘Master Chief Petty Officer Jesse 

Dean Department of Veterans Affairs Community-Based Outpatient Clinic’’. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 5, 2015 

Mr. HECK of Nevada (for himself, Mr. AMODEI, and Mr. HARDY) introduced 

the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To designate the Department of Veterans Affairs communitybased outpatient clinic in Laughlin, Nevada, as the 

‘‘Master Chief Petty Officer Jesse Dean Department of 

Veterans Affairs Community-Based Outpatient Clinic’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. MASTER CHIEF PETTY OFFICER JESSE DEAN 

4 DEPARTMENT OF VETERANS AFFAIRS COM5 MUNITY-BASED OUTPATIENT CLINIC. 

6 (a) DESIGNATION.—The Department of Veterans Af7 fairs community-based outpatient clinic in Laughlin, Ne8 vada, shall after the date of the enactment of this Act be 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HR 3969 IH

1 known and designated as the ‘‘Master Chief Petty Officer 

2 Jesse Dean Department of Veterans Affairs Community3 Based Outpatient Clinic’’. 

4 (b) REFERENCES.—Any reference in a law, map, reg5 ulation, document, paper, or other record of the United 

6 States to the community-based outpatient clinic referred 

7 to in subsection (a) shall be deemed to be a reference to 

8 the ‘‘Master Chief Petty Officer Jesse Dean Department 

9 of Veterans Affairs Community-Based Outpatient Clinic’’. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS
I 

114TH CONGRESS 

1ST SESSION H. R. 4113 

To amend the Fair Labor Standards Act of 1938 regarding reasonable break 

time for nursing mothers. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2015 

Mrs. CAROLYN B. MALONEY of New York (for herself, Ms. LEE, Ms. MOORE, 

and Mr. CA ́RDENAS) introduced the following bill; which was referred to 

the Committee on Education and the Workforce 

A BILL 

To amend the Fair Labor Standards Act of 1938 regarding 

reasonable break time for nursing mothers. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Supporting Working 

5 Moms Act of 2015’’. 

6 SEC. 2. REASONABLE BREAK TIME FOR NURSING MOTH7 ERS. 

8 Section 13(a) of the Fair Labor Standards Act of 

9 1938 (29 U.S.C. 213(a)) is amended by striking ‘‘sections 

10 6 (except section 6(d) in the case of paragraph (1) of this 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•HR 4113 IH

1 subsection) and 7’’ and inserting ‘‘sections 6 and 7 (except 

2 sections 6(d) and 7(r) in the case of paragraph (1) of this 

3 subsection)’’. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS
### **CHAPTER 34—THE PEACE CORPS**

Sec.
2501.
Congressional declaration of purpose.
2501–1.
Independent agency status of Peace Corps.
2501a.
Voluntary service programs.
2502.
Presidential authorization; appropriations and financial readjustments.
2503.
Director and Deputy Director; delegation of functions.
2504.
Peace Corps volunteers.
2504a.
Health care for volunteers at Peace Corps posts.
2505.
Peace Corps volunteer leaders; number; applicability of chapter; benefits.
2506.
Peace Corps employees.
2507.
Training program.
2507a.
Sexual assault risk-reduction and response training.
2507b.
Sexual assault policy.
2507c.
Office of Victim Advocacy.
2507d.
Establishment of Sexual Assault Advisory Council.
2507e.
Volunteer feedback and Peace Corps review.
2507f.
Establishment of a policy on stalking.
2507g.
Establishment of a confidentiality protection policy.
2507h.
Removal and assessment and evaluation.
2507i.
Reporting requirements.
2508.
Foreign participants; admission into the United States as nonimmigrants; removal.
2509.
Presidential powers and authorities.
2510.
Omitted.
2511.
Peace Corps National Advisory Council.
2512.
Experts and consultants.
2513.
Assignment of personnel to foreign governments or international organizations.
2514.
Use of funds.
2514a.
Authorization for Peace Corps to provide separation pay for host country resident personal services contractors of the Peace Corps.
2515.
Foreign Currency Fluctuations Account.
2516.
Use of foreign currencies.
2517.
Activities promoting Americans' understanding of other peoples.
2518.
Seal and name.
2519.
Security investigations.
2520.
Military training and service exemption.
2521.
Foreign language proficiency.
2521a.
Nonpartisan appointments.
2522.
Definitions.
2523.
Separability.
### **CHAPTER 31A—NATIONAL TOURISM ORGANIZATION**
#### § 404.285 Recomputations performed automatically.

Each year, we examine the earnings record of every retired, disabled, and deceased worker to see if the worker's primary insurance amount may be recomputed under any of the methods we have described. When a recomputation is called for, we perform it automatically and begin paying the higher benefits based on your recomputed primary insurance amount for the earliest possible month that the recomputation can be effective. You do not have to request this service, although you may request a recomputation at an earlier date than one would otherwise be performed (see § 404.286). Doing so, however, does not allow your increased primary insurance amount to be effective any sooner than it would be under an automatic recomputation. You may also waive a recomputation if one would disadvantage you or your family (see § 404.287).
**EXHIBIT 32.1**

 

CERTIFICATION PURSUANT TORULE 13a-14(b) OF THE EXCHANGE ACT AND 18 U.S.C. SECTION 1350, ASENACTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with theQuarterly Report of Intrusion Inc. (the “Company”) on Form 10-Q, for thequarter ended September 30, 2010 (the “Report”) as filed with theSecurities and Exchange Commission on the date hereof, each of the undersignedOfficers of the Company does hereby 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 Reportfully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

 

(2)                                                         The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| November 10, 2010  |   | /s/ G. Ward Paxton       |
|-------------------------|--------|--------------------------|
|                    |   | G. Ward Paxton           |
|                    |   | Chief Executive Officer  |
|                    |   |                     |
|                    |   |                     |
| November 10,  2010 |   | /s/  Michael L. Paxton   |
|                    |   | Michael  L. Paxton       |
|                    |   | Chief  Financial Officer |

 

**Theforegoing certification is being furnished solely pursuant to Section 906of the Sarbanes-Oxley Act of 2002 and is not being filed as part of the Reportor as a separate disclosure document.**

 

1

----
|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                               |   |                          |   |
|------------------------------------|--------|-------------------------------|--------|
|                               |   |                               |   |
| DATE:  Aug      16, 2010 | By:    | /s/ Max      Khan        |   |
|                               |   | Max      Khan                 |   |
|                               |   | Chief      Executive Officer, |   |
|                               |   | Chief      Financial Officer  |   |

----
EXHIBIT 16.2

 

June 6, 2013

 

Securities and Exchange Commission

100 F Street, N.E.

Washington, D.C. 20549-7561

 

We have read the section entitled “Change of IndependentRegistered Public Accounting Firm” included in the Current Report on Form 6-K dated September 19, 2012, of FreeSeas Inc.and are in agreement with the statements contained in the first and second paragraphs of page 3 therein. We have no basis to agreeor disagree with other statements of the registrant contained therein.

 

In addition, we have no basis to agree or disagree with otherstatements of the registrant contained in the last paragraph of page 2 or in the third paragraph on page 3 of the above referencedfiling.

 

/s/ Ernst & Young
Pursuant to Local Rule 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 Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

____________________

No. 95-11135

Summary Calendar

____________________

JOSEPH NECH,

Plaintiff-Appellant,

versus

SHIRLEY S. CHATER, Commissioner of

Social Security,

Defendant-Appellee.

_______________________________________________________________

Appeal from the United States District Court for the

Northern District of Texas

USDC No. 4:94-CV-348-A

_______________________________________________________________

June 5, 1996

Before JOLLY, JONES, and STEWART, Circuit Judges.

PER CURIAM:*

Joseph Nech appeals the district court’s affirmance of the

Commissioner’s decision denying him social security disability

benefits. He argues that the findings of the administrative law

judge (ALJ) are not supported by substantial evidence. We have

carefully reviewed the record and the arguments. We detect no

error. Accordingly, we affirm for essentially the same reasons
-2-

given by the district court. See Nech v. Shalala, No. 4:94-CV348-A (N.D. Tex. Oct. 20, 1995).

Nech’s request for attorney fees pursuant to 28 U.S.C. § 2412

is DENIED.

A F F I R M E D.
#### Jan Sabl, Appellant-Respondent, v. Laenderbank Wien Aktiengesellschaft, Respondent, and Banque des Pays de l’Europe Centrals, Respondent-Appellant.

No opinion. Present — Martin, P. J., Townley, TJntermyer, Dore and Cohn, JJ.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6995

YUSUF ABDUL AL-WAHHAB,

Plaintiff - Appellant,

versus

F. W. GREENE, Warden of the Brunswick Correctional Center; RONALD ANGELONE, Director of

the Commonwealth of Virginia Department of

Corrections,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge.

(CA-96-67-3)

Submitted: October 3, 1996 Decided: October 15, 1996

Before ERVIN, LUTTIG, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Yusuf Abdul Al-Wahhab, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order dismissing his

42 U.S.C. § 1983 (1994) complaint. The district court assessed a

filing fee in accordance with Evans v. Croom, 650 F.2d 521 (4th

Cir. 1981), cert. denied, 454 U.S. 1153 (1982), and dismissed the

case without prejudice when Appellant failed to comply with the fee

order. Finding no abuse of discretion, we affirm the district

court's order. We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

AFFIRMED