alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00004-CV

Laura Dow, Appellant

v.

New Century Mortgage Company, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT

NO. GN401975, HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

On January 3, 2007, Laura Dow’s “Motion for Appeal” was filed in this Court. In

it, Dow “petitions this court to grant appeal and a default judgement.” Dow claims that New Century

Mortgage Company filed a lawsuit against her on June 23, 2004, but withdrew its lawsuit on

August 11, 2004. Dow asserts that she never received notice of the nonsuit and filed a counterclaim

against New Century on January 20, 2005, seeking damages and to remove allegedly unconstitutional

liens on her property. Dow alleges that New Century did not respond, so she moved for a default

judgment, but “was notified by the Travis County Clerk’s Office that [she] had been dismissed from

the lawsuit by Plaintiff.” Dow asks this Court to “award [her] return of [her] property,” remove any

liens against her property, and grant her a default judgment.

On March 12, 2007, this Court sent the district clerk a letter notifying her that the

clerk’s record in this case was overdue and requesting the clerk’s record or an explanation about why

it could not be provided by March 22. On April 9, 2007, the court clerk responded, writing,
2

Appellant’s notice of appeal, filed July 3, 2006, makes no mention of any one

particular Order to be appealed. In addition, no order on Defendant’s motion for

default judgment, filed June 26, 2006, is on file in this court. For this reason, a

clerk’s record cannot be completed on this case. Attached is a copy of this court’s

docket sheet.

The docket sheet indicates that Dow’s “Motion for Appeal” was filed in the trial court on

July 3, 2006. We are unable to explain why six months elapsed between the filing of Dow’s

“Motion for Appeal” in the trial court and its filing in this Court. However, we need not resolve this

issue because Dow has not shown that there is any final order from the trial court that she

is entitled to appeal.

On April 17, 2007, this Court sent a letter to Dow informing her that it does not

appear that a final judgment exists in her case and requesting that she demonstrate that a final

judgment exists by April 30, 2007, to prevent the dismissal of her case. Dow has not responded.

Appellate courts may only review final judgments or interlocutory orders specifically

made appealable by statute. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); see

Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (West Supp. 2006) (listing appealable interlocutory

orders). Because Dow has presented no appealable judgment or order, this Court lacks jurisdiction.

Accordingly, we dismiss the appeal. 

_____________________________________

Diane Henson, Justice

Before Chief Justice Law, Justices Puryear and Henson

Dismissed for Want of Jurisdiction

Filed: May 29, 2007
§ 14.210 Documentation of fees and expenses. ( a ) The application shall be accompanied by full and itemized documentation of the fees and expenses, including the cost of any study, analysis, engineering report, test, project or similar matter, for which an award is sought.
( b ) The documentation shall include an affidavit from any attorney, agent or expert witness representing or appearing in behalf of the party, stating the actual time expended and the rate at which fees and other expenses were computed and describing the specific services performed.
( c ) The documentation shall also include a description of any expenses for which reimbursement is sought and a statement of the amounts paid and payable by the applicant or by any other person or entity for the services provided. Vouchers, receipts, logs, or other substantiation for any expenses paid or payable shall be provided.
( d ) The adjudicative officer may require the applicant to provide additional substantiation for any expenses claimed.
(Approved by the Office of Management and Budget under control number 2510-0001)
#### Fambrough *v.*DeVane.

April 10, 1912.

Equitable petition. Before Judge Thomas. Berrien superior court. February 2, 1911.

*EendricTcs & Christian,*for plaintiff in error.

W. *D. Buie*and *B. D. Smith,*contra.

Evans, P. J.

1. Where personal property is sold, and a bill of sale with warranty of title is executed by the vendor, and the property is again sold with warranty of title, the last vendee and his vendor may join in an equitable petition against the original vendor, having for its purpose the reformation of the original bill of sale by including certain items of property omitted therefrom by mutual mistake.

2. The substantial merits of the petition were passed on when the judgment on demurrer thereto was reviewed in 133 *Ga.*471 (66 S. E. 245).

3. In a suit to reform a contract, a plea by the defendant praying judgment for damages for independent torts against one of the plaintiffs, alleged to be a non-resident, is properly stricken on demurrer.

4. Other special demurrers were met by appropriate amendments.

*Judgment affirmed.*

*All the Justices concur.*
§ 904.4 Suspension of agency actions. ( a ) If the Board determines that the agency is considering involuntary separation of the Grievant, disciplinary action against the Grievant, or recovery from the Grievant of alleged overpayment of salary, expenses, or allowances, which is related to a grievance pending before the Board, and that such action should be suspended, the agency shall suspend such action until the Board has ruled on the grievance. Notwithstanding such suspension of action, the head of the agency concerned or a chief of mission or principal officer may exclude the Grievant from official premises or from the performance of specified functions when such exclusion is determined in writing to be essential to the functioning of the post or office to which the Grievant is assigned.
( b ) Notwithstanding paragraph (a) of this section, the Board shall not determine that action to suspend without pay a Grievant shall be suspended if the head of an agency or his designee has determined that there is reasonable cause to believe that a Grievant has committed a job-related crime for which a sentence of imprisonment may be imposed and has taken action to suspend the Grievant without pay pending a final resolution of the underlying matter. For this purpose, reasonable cause to believe that a member has committed a crime for which a sentence of imprisonment may be imposed shall be defined as a member of the Service having been convicted of, and sentence of imprisonment having been imposed for a job-related crime.
( c ) The Board shall expedite its decisions on requested suspensions of proposed Agency actions. The Board may permit or require argument with respect to such requests by the Parties and Exclusive Representative, if any.
[56 FR 55459, Oct. 28, 1991]
### §181. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029

Section, act June 5, 1900, ch. 716, §3, 31 Stat. 270, provided that a person making an entry which was lost or forfeited should be entitled to benefits of homestead laws as though the former entry had not been made. See section 182 of this title.
§ 26.4 Sanctions. ( a ) The hearing officer may sanction a person, including any party or representative, for failing to comply with an order, rule, or procedure governing the proceeding; failing to prosecute or defend an action; or engaging in other misconduct that interferes with the speedy, orderly, or fair conduct of the hearing.
( b ) Any sanction, including, but not limited to, those listed in paragraphs (c), (d), and (e) of this section, shall reasonably relate to the severity and nature of the failure or misconduct.
( c ) If a party refuses or fails to comply with an order of the hearing officer, including an order compelling discovery, the hearing officer may enter any appropriate order necessary to the disposition of the hearing including a determination against the noncomplying party, including but not limited to, the following: ( 1 ) Draw an inference in favor of the requesting party with regard to the information sought;
( 2 ) In the case of requests for admission, regard each matter about which an admission is requested to be admitted;
( 3 ) Prohibit the party failing to comply with the order from introducing evidence concerning, or otherwise relying upon, testimony relating to the information sought; or
( 4 ) Strike any part of the pleadings or other submissions of the party failing to comply with the order.
( d ) If a party fails to prosecute or defend an action brought under subpart A of this part, the hearing officer may dismiss the action or may issue an initial decision against the non-prosecuting or defending party.
( e ) The hearing officer may refuse to consider any motion, request, response, brief, or other document that is not filed in a timely fashion.
### SUBCHAPTER XIV—PATENTS AND FINAL WATER-RIGHT CERTIFICATES
### §1471i. Availability of appropriations for services or rentals

Annual appropriations made to the Department of the Interior shall on and after December 8, 2004, be available for obligation in connection with contracts issued for services or rentals for periods not in excess of 12 months beginning at any time during the fiscal year.

(Pub. L. 108–447, div. E, title I, §106, Dec. 8, 2004, 118 Stat. 3063.)

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

#### Prior Similar Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

Pub. L. 108–108, title I, §106, Nov. 10, 2003, 117 Stat. 1266.

Pub. L. 108–7, div. F, title I, §106, Feb. 20, 2003, 117 Stat. 238.

Pub. L. 107–63, title I, §106, Nov. 5, 2001, 115 Stat. 437.

Pub. L. 106–291, title I, §106, Oct. 11, 2000, 114 Stat. 942.

Pub. L. 106–113, div. B, §1000(a)(3) [title I, §106], Nov. 29, 1999, 113 Stat. 1535, 1501A–156.

Pub. L. 105–277, div. A, §101(e) [title I, §106], Oct. 21, 1998, 112 Stat. 2681–231, 2681–253.

Pub. L. 105–83, title I, §106, Nov. 14, 1997, 111 Stat. 1561.

Pub. L. 104–208, div. A, title I, §101(d) [title I, §106], Sept. 30, 1996, 110 Stat. 3009–181, 3009–199.

Pub. L. 104–134, title I, §101(c) [title I, §106], Apr. 26, 1996, 110 Stat. 1321–156, 1321–177; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.

Pub. L. 103–332, title I, §106, Sept. 30, 1994, 108 Stat. 2518.

Pub. L. 103–138, title I, §106, Nov. 11, 1993, 107 Stat. 1398.

Pub. L. 102–381, title I, §106, Oct. 5, 1992, 106 Stat. 1396.

Pub. L. 102–154, title I, §106, Nov. 13, 1991, 105 Stat. 1011.

Pub. L. 101–512, title I, §106, Nov. 5, 1990, 104 Stat. 1936.

Pub. L. 101–121, title I, §106, Oct. 23, 1989, 103 Stat. 720.

Pub. L. 100–446, title I, §106, Sept. 27, 1988, 102 Stat. 1800.

Pub. L. 100–202, §101(g) [title I, §106], Dec. 22, 1987, 101 Stat. 1329–213, 1329–234.

Pub. L. 99–500, §101(h) [title I, §106], Oct. 18, 1986, 100 Stat. 1783–242, 1783–261, and Pub. L. 99–591, §101(h) [title I, §106], Oct. 30, 1986, 100 Stat. 3341–242, 3341–261.

Pub. L. 99–190, §101(d) [title I, §106], Dec. 19, 1985, 99 Stat. 1224, 1241.

Pub. L. 98–473, title I, §101(c) [title I, §106], Oct. 12, 1984, 98 Stat. 1837, 1853.

Pub. L. 98–146, title I, §106, Nov. 4, 1983, 97 Stat. 934.

Pub. L. 97–394, title I, §106, Dec. 30, 1982, 96 Stat. 1982.

Pub. L. 97–100, title I, §106, Dec. 23, 1981, 95 Stat. 1404.

Pub. L. 96–514, title I, §106, Dec. 12, 1980, 94 Stat. 2971.

Pub. L. 96–126, title I, §107, Nov. 27, 1979, 93 Stat. 967.

Pub. L. 95–465, title I, §107, Oct. 17, 1978, 92 Stat. 1291.

Pub. L. 95–74, title I, §107, July 26, 1977, 91 Stat. 297.

Pub. L. 94–373, title I, §107, July 31, 1976, 90 Stat. 1054.

Pub. L. 94–165, title I, §107, Dec. 23, 1975, 89 Stat. 990.
### §126. Change of location of land offices

The President is authorized to change the location of the land offices in the several land districts established by law, and to relocate the same from time to time at such point in the district as he deems expedient.

(R.S. §2251.)

#### **Editorial Notes**

#### Codification

R.S. §2251 derived from acts Mar. 3, 1853, ch. 97, §1, 10 Stat. 204; Mar. 3, 1853, ch. 144, 10 Stat. 244.

#### **Executive Documents**

#### Delegation of Functions

For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3, The President.
#### Max J. Le Boyer v. Benjamin Margolis et al.

Motion to dismiss appeal granted, with $10 costs, unless the appellants procure the record .on appeal and appellants’ points to be served and filed on or before August 9, 1960, with notice of argument for the September 1960 Term of this court, said appeal to be argued or submitted when reached. Concur — Breitel, J. P., Rabin, Valente and Bergan, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
STATEMENT OF FINANCIAL CONDITION AS OF SEPTEMBER 30, 1997 AND THE STATEMENT OF
OPERATIONS FOR THE THREE MONTHS ENDED SEPEMBER 30, 1997 AS PROVIDED ON FORM
10-QSB FOR THE THIRD QUARTER 1977 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FORM 10-QSB FOR THE QUARTER ENDED SEPTEMBER 30, 1997
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       6,847,743
<SECURITIES>                                         0
<RECEIVABLES>                                  104,977
<ALLOWANCES>                                         0
<INVENTORY>                                  7,857,350
<CURRENT-ASSETS>                                   612
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              14,810,682
<CURRENT-LIABILITIES>                          514,872
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  14,295,810
<TOTAL-LIABILITY-AND-EQUITY>                14,810,682
<SALES>                                              0
<TOTAL-REVENUES>                               630,035
<CGS>                                          606,690
<TOTAL-COSTS>                                  606,690
<OTHER-EXPENSES>                               104,450
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              21,303
<INCOME-PRETAX>                              (102,408)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (102,408)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
§ 203.12 Mortgage insurance on proposed or new construction. ( a ) *Applicability.* This section applies to an application for insurance of a mortgage on a one-to four-family dwelling, unless the mortgage will be secured by a dwelling that: ( 1 ) Was completed more than one year before the date of the application for insurance or, under the Direct Endorsement Program, was completed more than one year before the date of the appraisal; or
( 2 ) Is being sold to a second or subsequent purchaser.
( b ) *Procedures.* ( 1 ) Applications for insurance to which this section applies will be processed in accordance with procedures prescribed by the Secretary. These procedures may only provide for endorsement for insurance of a mortgage covering a dwelling that is: ( i ) Approved under the Direct Endorsement Program or the Lender Insurance Program; or
( ii ) Located in a subdivision approved by the Rural Housing Service.
( 2 ) The mortgagee must submit a signed Builder's Certification of Plans, Specifications and Site (Builder's Certification). The Builder's Certification must be in a form prescribed by the Secretary and must cover: ( i ) Flood hazards;
( ii ) Noise;
( iii ) Explosive and flammable materials storage hazards;
( iv ) Runway clear zones/clear zones;
( v ) Toxic waste hazards;
( vi ) Other foreseeable hazards or adverse conditions (i.e., rock formations, unstable soils or slopes, high ground water levels, inadequate surface drainage, springs, etc.) that may affect the health and safety of the occupants or the structural soundness of the improvements. The Builder's Certification must be provided to the appraiser for reference before the performance of an appraisal on the property.
( 3 ) If a builder (or developer) intends to sell five or more properties in a subdivision, an Affirmative Fair Housing Marketing Plan (AFHMP) that meets the requirements of 24 CFR part 200, subpart M must be submitted and approved by HUD no later than the date of the first application for mortgage insurance in that subdivision. Thereafter, applications for insurance on other properties sold by the same builder (or developer) in the same subdivision may make reference to the existing previously approved AFHMP.
[64 FR 56110, Oct. 15, 1999]
### §1181f–3. Transferred

#### **Editorial Notes**

#### Codification

Section 1181f–3 was editorially reclassified as section 2623 of this title.
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-17-00011-CR

Ricky D. Elliot

v.

The State of Texas

§

§

§

§

§

From the 371st District Court

of Tarrant County (1447427D)

April 12, 2018

Opinion by Justice Meier

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that 

there was no error in the trial court’s judgment. It is ordered that the judgment of 

the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS 

By /s/ Bill Meier 

 Justice Bill Meier
exhibit104.htm


Exhibit 10.4


LOAN CONTRACT







Party A: (Lender)   Shandong Longkong Travel Development Co., Ltd


Party B: (Borrower) Yishui Underground Fluorescent Lake Travel Development Co., Ltd







To relieve the financial strain, Party A agrees to obtain a Loan from Bank of China in a amount of Fifteen million Yuan, and provide it to Party B; the loan fund shall be used by Party B for business operating; Both Parties agree to sign the contract through a equal consultation.


 


Article 1: Description of the loan


 



1.  The loan Amount is RMB15, 000, 000.00 Yuan; in words: RMB Fifteen Million Yuan.


 





2.  The loan lending interest rate shall be same to the current Basis Loan Interest Rate issued by BOC.


 





3.  The loan term shall be starting from 27-11-2009 to 27-10-2010.


 





4.  The loan shall be used for working capital, Party B shall not change the purpose of the loan.


 





5.  Party A shall charge Party B a guarantee fee at a rate of 1.5% of the loan amount, deduct it as releasing the loan in a lump sum.


 




Article 2: Commitment


 



1.  The loan is due, Party B commits to repay up.


 





2.  The loan is due, in case of that Party B still has financial strain, the loan may be extended with Party A's consent.


 


 




  





  











  






 





3.  Party B fails to repay the Loan including the principal and interest, Party A may go to laws to recover the loan.


 




Article 3: The contract is made out in 2 duplicates, each for both parties.












Party A: (Lender)     Shandong Longkong Travel development Co., Ltd


                                                 (sealed)


Signature:                 /s/ YU XINBO








Party B: (Borrower) Yishui Di Xia Ying Kwong Hu Nu You Fa Zhen Co Ltd




                                                  (sealed)


Signature:                 /s/ XU JIAN












Date: 24-11-2009
#### § 221.275 Method of paying insurance benefits.

If the application for insurance benefits is acceptable to the Commissioner, all of the insurance claim shall be paid in cash unless the mortgagee files a written request with the application for payment in debentures. If such a request is made, all of the claim shall be paid by issuing debentures and by making a cash payment adjusting any differences between the total amount of the claim and the amount of the debentures issued.
#### Michael’s Holding Co., Inc., Plaintiff, v. Real Affiliates, Inc., et al., Defendants. Jeremiah J. Mahoney, Appellant; J. Boyd Henson, Respondent.

In an action to foreclose a mortgage on real property, defendant Mahoney appeals from an order of the Supreme Court, Westchester County, dated February 29, 1960, granting to J. Boyd Henson, the Referee appointed to sell the mortgaged property, an additional allowance of $500 for his services as Referee. Order affirmed, with $10 costs and disbursements to the Referee, payable by defendant Mahoney. No opinion. Nolan, P. J., Beldock, Ughetta, Christ and Brennan, JJ., concur.
§ 125.104 Program administration. ( a ) FHIP is administered by the Assistant Secretary.
( b ) FHIP funding is made available under the following initiatives: ( 1 ) The Administrative Enforcement Initiative;
( 2 ) The Education and Outreach Initiative;
( 3 ) The Private Enforcement Initiative; and
( 4 ) The Fair Housing Organizations Initiative.
( c ) FHIP funding is made available in accordance with the requirements of the authorizing statute (42 U.S.C. 3616 note), the regulation in this part, and Notices of Funding Availability (NOFAs), and is awarded through a grant or other funding instrument.
( d ) Notices of Funding Availability under this program will be published periodically in the Federal Register. Such notices will announce amounts available for award, eligible applicants, and eligible activities, and may limit funding to one or more of the Initiatives. Notices of Funding Availability will include the specific selection criteria for awards, and will indicate the relative weight of each criterion. The selection criteria announced in Notices of Funding Availability will be designed to permit the Department to target and respond to areas of concern, and to promote the purposes of the FHIP in an equitable and cost efficient manner.
( e ) All recipients of FHIP funds must conform to reporting and record maintenance requirements determined appropriate by the Assistant Secretary. Each funding instrument will include provisions under which the Department may suspend, terminate or recapture funds if the recipient does not conform to these requirements.
( f ) Recipients of FHIP funds may not use such funds for the payment of expenses in connection with litigation against the United States.
( g ) All recipients of funds under this program must conduct audits in accordance with 2 CFR part 200, subpart F.
[60 FR 58452, Nov. 27, 1995, as amended at 80 FR 75935, Dec. 7, 2015]