alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Denied and Opinion Filed July 1, 2019

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-19-00483-CV

IN RE ANGELINA ARREDONDO, INDIVIDUALLY AND AS REPRESENTATIVE OF 

THE ESTATE OF DANIEL ARREDONDO, DECEASED AND NEXT FRIEND OF 

MINOR CHILDREN, Relators

Original Proceeding from the 44th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-16-07257

MEMORANDUM OPINION

Before Justices Myers, Molberg, and Nowell

Opinion by Justice Nowell

The underlying proceeding ended in a mistrial on February 4, 2019 and is scheduled for a 

new trial on September 30, 2019. In this original proceeding, relators seek a writ of mandamus 

directing the trial court to vacate a February 3, 2019 order sustaining the defendants’ Motion in 

Limine No. 18 and to vacate a February 4, 2019 order sanctioning relators’ attorney for violating 

Motion in Limine No. 18 and Motion in Limine No. 40. To be entitled to mandamus relief, a 

relator must show both that the trial court has clearly abused its discretion and that relator has no 

adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. 

proceeding). Based on the record before us, we conclude relators have not shown they are entitled 

to the relief requested. Accordingly, we deny relators’ petition for writ of mandamus. See TEX.
–2–

R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to 

the relief sought).

190483F.P05

/Erin A. Nowell/

ERIN A. NOWELL

JUSTICE
#### The People of the State of New York, Respondent, v Lester Burke, Appellant.

Appeal from a judgment of the County Court of Che-mung County, rendered February 11, 1977, upon a verdict convicting defendant of the crime of criminal possession of stolen property in the second degree. At issue on this appeal was the validity of a warrantless search of defendant’s motor vehicle. We withheld a determination thereof pending the resolution of certain factual matters by the trial court *(People v Burke,*60 AD2d 959). It has now made appropriate findings and conclusions of law on the question of whether defendant consented to a search of that vehicle and the case is before us once again with defendant maintaining that those findings should be reversed and the results of the search suppressed. However, it was within the province of the trial court to evaluate the credibility of the witnesses and we discern *no*reason to disturb its acceptance of the arresting officer’s testimony. Accordingly, the judgment should be affirmed. Judgment affirmed. Mahoney, P. J., Greenblott, Sweeney, Kane and Main, JJ., concur.
#### § 1509.220 By when must I publish my drug-free workplace statement and establish my drug-free awareness program?

If you are a new recipient that does not already have a policy statement as described in § 1509.205 and an ongoing awareness program as described in § 1509.215, you must publish the statement and establish the program by the time given in the following table:

| If . . . | then you . . . |
| --- | --- |
| (a) The performance period of the award is less than 30 days | must have the policy statement and program in place as soon as possible, but before the date on which performance is expected to be completed. |
| (b) The performance period of the award is 30 days or more | must have the policy statement and program in place within 30 days after award. |
| (c) You believe there are extraordinary circumstances that will require more than 30 days for you to publish the policy statement and establish the awareness program | may ask the ADF awarding official to give you more time to do so. The amount of additional time, if any, to be given is at the discretion of the awarding official. |
#### The People of the State of New York, Respondent, v Atahualpa Rodriguez, Appellant.

[821 NYS2d 568]

Judgment of resentence, Supreme Court, New York County (James A. Yates, J.), rendered November 3, 2005, resentencing defendant, upon his conviction, after a nonjury trial, of criminal possession of a controlled substance in the first degree, as a second felony offender, to a term of 12 years, unanimously affirmed.

Defendant was resentenced, pursuant to the Drug Law *803Reform Act (L 2004, ch 738), from a term of 15 years to life to a term of 12 years on his first-degree drug possession conviction. His argument that his conviction should be reduced to second-degree possession is without merit *(People v Quinones,*22 AD3d 218 [2005], *lv denied*6 NY3d 817 [2006]; *People v Nelson,*21 AD3d 861 [2005], *lv granted*6 NY3d 757 [2005]). Defendant’s constitutional challenge to the procedure under which he was sentenced as a second felony offender is also without merit *(Almendarez-Torres v United States,*523 US 224 [1998]). Concur — Mazzarelli, J.P., Andrias, Sullivan, Nardelli and McGuire, JJ.
#### § 125.8 [Reserved]
Exhibit
32.1





Section
1350 Certification of Principal Executive Officer





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 Quarterly Report of INX Inc. (the “Company”) on Form 10-Q
for the period ended June 30, 2009 (the “Report”), as filed with the Securities
and Exchange Commission on the date hereof, I, James H. Long, Chief Executive
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, as amended; and





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





By:
              /s/ JAMES H.
      LONGJames
      H. LongChief
      Executive Officer











August
14, 2009
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Map 3-11
Major Surface Water Basins
#### The People of the State of New York, Respondent, v Jose Polo, Appellant.

Judgment, Supreme Court, Bronx County, rendered June 20, 1977, convicting defendant of assault in the second degree and sentencing him to an indeterminate term of imprisonment of not less than one and one-third and not more than four years, is unanimously modified, on the law and as a matter of discretion in the interest of justice, by striking the provision for a minimum term of imprisonment in the court’s sentence, and otherwise affirmed. The court failed to comply with the requirement of section 70.00 (subd 3, par [b]) of the Penal Law that when the minimum *975period of imprisonment is fixed by the court pursuant to that statutory provision "the court shall set forth in the record the reasons for its action”; and we have seen nothing that indicates that this is a case in which the court should have fixed a minimum period of imprisonment. Concur—Silver-man, J. P., Evans, Fein, Lynch and Sullivan, JJ.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule contains summary financial information extracted from the
consolidated balance sheet and consolidated statement of operations in the
Company's Quarterly Report on Form 10-QSB as of and for the fiscal quarter ended
January 31, 1997 and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<CIK>                         0001020448
<NAME>                        Imperial Petroleum Recovery Corporation
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                             OCT-31-1997
<PERIOD-START>                                NOV-01-1996
<PERIOD-END>                                  JAN-31-1997
<CASH>                                                   0
<SECURITIES>                                             0
<RECEIVABLES>                                            0
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                   174,334
<PP&E>                                             162,076
<DEPRECIATION>                                       3,362
<TOTAL-ASSETS>                                     675,910
<CURRENT-LIABILITIES>                              997,140
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                             8,765
<OTHER-SE>                                      (1,915,241)
<TOTAL-LIABILITY-AND-EQUITY>                       675,910
<SALES>                                                  0 
<TOTAL-REVENUES>                                         0 
<CGS>                                                    0 
<TOTAL-COSTS>                                    1,166,888
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0 
<INTEREST-EXPENSE>                                       0 
<INCOME-PRETAX>                                 (1,035,058)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                             (1,035,058)
<DISCONTINUED>                                           0  
<EXTRAORDINARY>                                    119,900 
<CHANGES>                                                0
<NET-INCOME>                                    (1,035,058)
<EPS-PRIMARY>                                         (.12)
<EPS-DILUTED>                                         (.12)
                                                           
                                                           

</TABLE>
#### § 1600.111 Notice.

The agency shall make available to employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability to the programs or activities conducted by the agency, and make such information available to them in such manner as the head of the agency finds necessary to apprise such persons of the protections against discrimination assured them by section 504 and this regulation.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED STATEMENTS OF OPERATIONS, CONSOLIDATED BALANCE SHEETS, AND
CONSOLIDATED STATEMENTS OF CASH FLOWS.
</LEGEND>
<MULTIPLIER>                                     1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           3,648
<SECURITIES>                                     3,893
<RECEIVABLES>                                   38,608
<ALLOWANCES>                                       459
<INVENTORY>                                     16,956
<CURRENT-ASSETS>                                64,476
<PP&E>                                          14,617
<DEPRECIATION>                                   5,127
<TOTAL-ASSETS>                                  93,601
<CURRENT-LIABILITIES>                           31,190
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            73
<OTHER-SE>                                      22,167
<TOTAL-LIABILITY-AND-EQUITY>                    93,601
<SALES>                                         82,567
<TOTAL-REVENUES>                                82,567
<CGS>                                           59,944
<TOTAL-COSTS>                                   59,944
<OTHER-EXPENSES>                                13,320
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,394
<INCOME-PRETAX>                                  7,036
<INCOME-TAX>                                     2,661
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    194
<CHANGES>                                            0
<NET-INCOME>                                     4,181
<EPS-PRIMARY>                                     0.58
<EPS-DILUTED>                                        0
        

</TABLE>
# 3407.103 Agency-head responsibilities.

The SPE is the agency head's designee for the purposes of FAR 7.103.       

**Parent topic:**Subpart 3407.1—Acquisition Plans
#### § 239.15 Notice.

Any communication to USAID pursuant to the Guarantee shall be in writing in the English language, shall refer to the Republic of Tunisia Loan Guarantee Number inscribed on the Eligible Note and shall be complete on the day it shall be actually received by USAID at the Office of Development Credit, Bureau for Economic Growth, Education and Environment, United States Agency for International Development, Washington, DC 20523-0030. Other addresses may be substituted for the above upon the giving of notice of such substitution to each Noteholder by first class mail at the address set forth in the Note Register.
§ 204.12 Guaranty eligibility. ( a ) Eligible Notes only may be guarantied hereunder, and Eligible Investors only are entitled to the benefits of this Guaranty. Notes in order to achieve Eligible Note status must be signed on behalf of the Borrower, manually or in facsimile, by a duly authorized representative of the Borrower; and they must contain a guaranty legend incorporating these standard terms and conditions signed on behalf of A.I.D. by either a manual signature or a facsimile signature or an authorized representative of A.I.D. together with a certificate of authentication manually executed by a Paying Agent whose appointment by the Borrower is consented to by A.I.D. in a Paying and Transfer Agency Agreement.
( b ) A.I.D. shall designate in a certificate delivered to the Lender and to the Paying Agent, the person(s) whose signature shall be binding on A.I.D. The certificate of authentication of the Paying Agent issued pursuant to the Paying and Transfer Agency Agreement shall, when manually executed by the Paying Agent, be conclusive evidence binding on A.I.D. that the Note has been duly executed on behalf of the Borrower and delivered.
Exhibit 32

Certification

Each of the undersigned officers of Allin Corporation (the Company), certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

| |    |                                                                                                                                                                                                                                                                                          
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | 1. | the Companys report on Form 10-Q for the quarterly period ended June 30, 2003, as filed with the United States Securities and Exchange Commission (the Report), fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

| |    |                                                                                                                                           
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------
| | 2. | the information in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

This Certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for the
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

|                |  |  |  |                         | 
|--------------- |  |  |  | ----------------------- | 
|August 12, 2003 |  |  |  | /s/ RICHARD W. TALARICO | 
|                |  |  |  |                         | 
|                |  |  |  | Chief Executive Officer | 
|                |  |  |  |                         | 
|August 12, 2003 |  |  |  | /s/ DEAN C. PRASKACH    | 
|                |  |  |  |                         | 
|                |  |  |  | Chief Financial Officer | 

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
[Federal Register Volume 69, Number 235 (Wednesday, December 8, 2004)]
[Notices]
[Page 71077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26969]


-----------------------------------------------------------------------

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Notice 04-140]


Notice of Establishment of a NASA Advisory Committee, Pursuant to 
the Federal Advisory Committee Act, 5 U.S.C. App 1 et seq.

    Agency: National Aeronautics and Space Administration (NASA).
    Explanation of Need: The Administrator of the National Aeronautics 
and Space Administration has determined that the establishment of a 
NASA International Space Station Strategic Roadmap Committee is 
necessary and in the public interest in connection with the performance 
of duties imposed upon NASA by law. This determination follows 
consultation with the Committee Management Secretariat, General 
Services Administration.
    Name of Committee: NASA International Space Station Strategic 
Roadmap Committee.
    Purpose and Objective: The Committee will advise the NASA 
Administrator on completing assembly of the International Space Station 
and on focusing research to support space exploration goals, with 
emphasis on understanding how the space environment affects human 
health and capabilities, and developing countermeasures. The Committee 
will draw on the expertise of its members and other sources to provide 
its advice and recommendations to the Agency. The Committee will hold 
meetings and make site visits as necessary to accomplish their 
responsibilities. The Committee will function solely as an advisory 
board and will comply fully with the provisions of the Federal Advisory 
Committee Act.
    Lack of Duplication of Resources: The Committee's functions cannot 
be performed by the agency, another existing committee, or other means 
such as a public meeting.
    Fairly Balanced Membership: The Committee will consist of a balance 
of experts from within the government, private industry, and academia. 
In addition, there may be additional experts selected for Subcommittees 
or Task Forces. Members of the Committee, Subcommittee or Task Forces 
will be chosen from among industry, academia, and government with 
recognized knowledge and expertise in specific areas across the NASA 
portfolio. Total membership will reflect a fairly balanced view.
    Duration: Ad hoc.
    Responsible NASA Official: Dr. Marc Allen, Advanced Planning and 
Integration Office, National Aeronautics and Space Administration, 300 
E Street, SW., Washington, DC 20546, telephone (202) 358-2373.

P. Diane Rausch,
Advisory Committee Management Officer, National Aeronautics and Space 
Administration.
[FR Doc. 04-26969 Filed 12-7-04; 8:45 am]
BILLING CODE 7510-13-P
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D21-3949

_____________________________

COLAVITO A. BELL,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Duval County.

Lester Bass, Judge.

September 8, 2022

PER CURIAM.

AFFIRMED.

ROWE, C.J., and OSTERHAUS and WINOKUR, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Colavito A. Bell, pro se, Appellant.

Ashley Moody, Attorney General, and David Welch, Assistant 

Attorney General, Tallahassee, for Appellee.
#### Teresa Sheridan, Respondent, v Anthony Grigos et al., Appellants.

[715 NYS2d 448]

—In an action to recover dam*218ages for personal injuries, the defendants appeal from an interlocutory judgment of the Supreme Court, Suffolk County (D’Emilio, J.), entered March 8, 2000, which, upon a jury verdict finding them 75% at fault in the happening of the accident and the plaintiff 25% at fault, and upon the denial of their motion pursuant to CPLR 4401 for judgment in their favor as a matter of law, made at the close of the plaintiff’s case, is in favor of the plaintiff and against them on the issue of liability.

Ordered that the interlocutory judgment is affirmed, with costs.

“A landowner owes a duty to another on his land to keep it in a reasonably safe condition, considering all of the circumstances including the purpose of the person’s presence and the likelihood of injury” *(Macey v Truman,*70 NY2d 918, 919, *amended*71 NY2d 949; *see, Basso v Miller,*40 NY2d 233). To hold a defendant liable for damages, a plaintiff must prove that the defendant either created or had actual or constructive notice of the dangerous condition *(see, Piacquadio v Recine Realty Corp.,*84 NY2d 967, 969; *Pianforini v Kelties Bum Steer,*258 AD2d 634).

Contrary to the defendants’ contention, there was sufficient evidence elicited at trial from which the jury could find that they were responsible for creating the hazardous condition, on the premises. Accordingly, the trial court properly denied the defendants’ motion to dismiss made at the end of the plaintiff’s case as there was a valid line of reasoning and permissible inferences which could lead rational people to the conclusion reached by the jury *(see, Campbell v City of Elmira,*84 NY2d 505, 509; *Nicastro v Park,*113 AD2d 129, 132). Thompson, J. P., Luciano, Feuerstein and Schmidt, JJ., concur.
#### Alex Rosenberg, Appellant, v. Hyman Stoler and Others, Respondents.

Motion granted and appeal dismissed, with costs.
EXHIBIT
32.1





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 Quarterly Report
of Shawnee Energy, Inc. (the “Company”) on Form 10-Q for the quarter ended
September 30, 2009, as filed with the Securities and Exchange Commission on or
about the date hereof (the “Report”), I, George Morris, Chief Executive Officer
of the Company, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my
knowledge:





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





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





Date:  November
20, 2009





/s/ George Morris


George Morris


Chief Executive Officer








A signed
original of this written statement required by Section 906 has been provided to
Shawnee Energy, Inc. and will be retained by Shawnee Energy, Inc. and furnished
to the Securities and Exchange Commission or its staff upon
request.