alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 12-11-00220-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JACKIE LAMAR MILES, § APPEAL FROM THE THIRD

APPELLANT

V. § JUDICIAL DISTRICT COURT

MICHAEL UNIT INFIRMARY (TDCJ),

APPELLEE § ANDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction pursuant to Texas Rule of 

Appellate Procedure 42.3(a). The trial court’s judgment was signed on May 27, 2011. Under the 

rules of appellate procedure, the notice of appeal must be filed within thirty days after the 

judgment is signed. See TEX. R. APP. P. 26.1. Appellant did not file a motion for new trial. See 

TEX. R. APP. P. 26.1(a) (providing that notice of appeal must be filed within ninety days after 

judgment signed if any party timely files motion for new trial). Therefore, Appellant’s notice of 

appeal was due to have been filed no later than June 27, 2011. Appellant did not file his notice 

of appeal until July 11, 2011. Because Appellant’s notice of appeal was not filed on or before 

June 27, 2011, it was untimely, and this court has no jurisdiction of the appeal.

On July 19, 2011, this court notified Appellant, pursuant to Texas Rules of Appellate 

Procedure 37.1 and 42.3, that his notice of appeal was untimely and there was no timely motion 

for an extension of time to file the notice of appeal. Appellant was further informed that 

pursuant to the holding of the Texas Supreme Court in Verburgt v. Dorner, 959 S.W.2d 615 

(Tex. 1997), this court would imply a motion to extend time for filing the notice of appeal. 

Appellant was warned, however, that the appeal would be dismissed unless, on or before July 29, 

2011, he provided this court with a written explanation of facts that reasonably explained his 
2

need for an extension of time to file the notice of appeal. See id. at 615. The July 29, 2011 

deadline has now passed, and we have not received the required written explanation from 

Appellant.

Because this court is not authorized to extend the time for perfecting an appeal except as 

provided by Texas Rules of Appellate Procedure 26.1 and 26.3, the appeal is dismissed for want 

of jurisdiction. See TEX. R. APP. P. 42.3(a).

Opinion delivered August 3, 2011.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM (A) THE
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS AND BALANCE SHEETS AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH (B) STATEMENTS.
</LEGEND>
<CIK> 0001022657
<NAME> AETNA INDUSTRIES, INC.
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-28-1997
<PERIOD-START>                             DEC-30-1996
<PERIOD-END>                               JUN-29-1997
<CASH>                                              40
<SECURITIES>                                         0
<RECEIVABLES>                                   44,358
<ALLOWANCES>                                       333
<INVENTORY>                                      8,139
<CURRENT-ASSETS>                                53,456
<PP&E>                                          88,441
<DEPRECIATION>                                  36,096
<TOTAL-ASSETS>                                 137,074
<CURRENT-LIABILITIES>                           44,654
<BONDS>                                         85,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       (517)
<TOTAL-LIABILITY-AND-EQUITY>                   137,074
<SALES>                                        103,789
<TOTAL-REVENUES>                               103,789
<CGS>                                           89,687
<TOTAL-COSTS>                                   89,687
<OTHER-EXPENSES>                                 7,792
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,270
<INCOME-PRETAX>                                  1,040
<INCOME-TAX>                                       417
<INCOME-CONTINUING>                                623
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       623
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### In the Matter of Eastern Capital Corp., Appellant, v. Walter Freeman, Judgment Debtor. Laurence Marchini, as Receiver, Respondent.

Order, entered on May 15, 1963, unanimously reversed and vacated on the law and on the facts, without costs, and motion for an order authorizing the receiver in supplementary proceedings to retain an attorney in all respects denied. The petition by the receiver for the appointment of an attorney merely stated that “ There are presently no assets of the debtor available to the judgment creditor”; and that “Your petitioner is of the belief that such assets may be able to be obtained by proceedings brought pursuant to section 270 *et*seg. of the Debtor & Creditor Law.” There is nothing in the petition, however, to indicate the basis or propriety for any such proceedings by the receiver. In view of the requirement that the petition to authorize a receiver to employ counsel shall show “ that the employment of counsel is necessary ” (Rules Civ. Prae., rule 180) the order here is not properly supported. Concur — Breitel, J. P., Rabin, McNally, Eager and Steuer, JJ.
#### Joseph Harris, Appellant, v. Justine L. Lambert, Respondent, et al., Defendants.

— In an action to foreclose a tax lien, plaintiff appeals from an order of the County Court of Suffolk County, dated January 11, 1960, which *inter alia,*vacates and sets aside the judgment of foreclosure and sale of a tax lien certificate, unconditionally opens the default of defendant Lambert and grants said defendant leave to serve an answer. The supplemental record has been considered by the court on this appeal. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE CONSOLIDATED STATEMENTS OF OPERATIONS AND THE CONSOLIDATED BALANCE SHEETS
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0001021907
<NAME> MS ACQUISITIONS
<RESTATED> 
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          11,626
<SECURITIES>                                         0
<RECEIVABLES>                                  117,116
<ALLOWANCES>                                     1,293
<INVENTORY>                                     64,013
<CURRENT-ASSETS>                               228,288
<PP&E>                                         122,028
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 361,912
<CURRENT-LIABILITIES>                          219,833
<BONDS>                                         71,416
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      65,289
<TOTAL-LIABILITY-AND-EQUITY>                   361,912
<SALES>                                        255,608
<TOTAL-REVENUES>                               255,608
<CGS>                                          220,941
<TOTAL-COSTS>                                  220,941
<OTHER-EXPENSES>                                20,154
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,415
<INCOME-PRETAX>                                  9,098
<INCOME-TAX>                                     2,593
<INCOME-CONTINUING>                              6,505
<DISCONTINUED>                                   1,374
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,286
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
### §971b. Sale of restored Alaskan lands; preference rights; consent of Federal agency

The Secretary may sell such restored lands for not less than their appraised value, giving an appropriate preference right to the holders of adjoining claims or entries and to owners of adjoining private lands. If such lands are under the jurisdiction of a Federal department or agency other than the Department of the Interior, any sale thereof shall be made only with the consent of such department or agency.

(Aug. 1, 1956, ch. 848, §2, 70 Stat. 898.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 420a of Title 48, Territories and Insular Possessions.
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#  National Responsible Fatherhood Clearinghouse 

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**Archived since:**May, 2015

**Description:**
The goals of the National Responsible Fatherhood Clearinghouse (NRFC) are to provide, facilitate, and disseminate current research, proven and innovative strategies that will encourage and strengthen fathers and families, and providers of services

**Subject:**    	    Government - US Federal,     	    Children & Families

**Creator:**    	    U.S. Department of Health and Human Services

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#### (A) The People of the State of New York v. Thomas Caruso. (B) The People of the State of New York v. Morris Perr and Sam Friedman. (C) The People of the State of New York v. George Palmieri.

[In each action] Motion for an enlargement of time granted insofar as to extend the time for defendant-appellant to serve and file the appellant’s points to and including May 10,1962, with notice of argument for the June 1962 Term of this court, said appeal to be argued or submitted when reached. Respondent’s points are to be served and filed on or before May 24, 1962. Concur — Botein, P. J., Stevens, Eager, Steuer and Bergan, JJ.
### §40302. Filing requirements

(a) In General.—A true copy of every agreement referred to in section 40301(a) or (b) of this title shall be filed with the Federal Maritime Commission. If the agreement is oral, a complete memorandum specifying in detail the substance of the agreement shall be filed.

(b) Exceptions.—Subsection (a) does not apply to—

(1) an agreement related to transportation to be performed within or between foreign countries; or

(2) an agreement among common carriers to establish, operate, or maintain a marine terminal in the United States.

(c) Regulations.—The Commission may by regulation prescribe the form and manner in which an agreement shall be filed and any additional information and documents necessary to evaluate the agreement.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1528.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 40302 | 46 App.:1704(a). | Pub. L. 98–237, §5(a), Mar. 20, 1984, 98 Stat. 70; Pub. L. 98–595, §3(b)(1), Oct. 30, 1984, 98 Stat. 3132. |

Section
### SUBCHAPTER IV—PENALTIES
§ 990.120 Unit months. ( a ) Some of the components of HUD's Operating Fund Formula are based on a measure known as unit months. Unit months represent a PHA's public housing inventory during a specified period of time. The unit months eligible for operating subsidy in a 12-month period are equal to the number of months that the units are in an operating subsidy-eligible category, adjusted for changes in inventory (*e.g.*, units added or removed), as described below.
( b ) A PHA is eligible to receive operating subsidy for a unit on the date it is both placed under the ACC and occupied. The date a unit is eligible for operating subsidy does not change the Date of Full Availability (DOFA) or the date of the End of Initial Operating Period (EIOP), nor does this provision place a project into management status.
1... This proceeding arises out of Cause Nos. 2008-CR-10199, 2008-CR-10200, and 2008-CR-10201, styled

State of Texas v. Willie S. Phillips, Jr., pending in the 399th Judicial District Court, Bexar County, Texas, the Honorable

Juanita A. Vasquez-Gardner presiding.

i i i i i i

MEMORANDUM OPINION

No. 04-09-00742-CR

IN RE Willie S. PHILLIPS, Jr.

Original Mandamus Proceeding1

PER CURIAM

Sitting: Catherine Stone, Chief Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Delivered and Filed: December 16, 2009

PETITION FOR WRIT OF MANDAMUS DENIED

On November 18, 2009, relator Willie S. Phillips, Jr. filed a petition for writ of mandamus,

seeking to compel the trial court to rule on his motion to dismiss his appointed counsel, Brandon

Hudson.

However, in order to obtain a writ of mandamus compelling the trial court to consider and

rule on a motion, a relator must establish that the trial court: (1) had a legal duty to perform a nondiscretionary act; (2) was asked to perform the act; and (3) failed or refused to do so. In re Molina,

94 S.W.3d 885, 886 (Tex. App.—San Antonio 2003, orig. proceeding) (per curiam). When a
04-09-00742-CR

-2-

properly filed motion is pending before a trial court, the act of giving consideration to and ruling

upon that motion is ministerial, and mandamus may issue to compel the trial judge to act. See

Safety-Kleen Corp. v. Garcia, 945 S.W.2d 268, 269 (Tex. App.—San Antonio 1997, orig.

proceeding). However, mandamus will not issue unless the record shows that a properly filed

motion has awaited disposition for an unreasonable amount of time. See id. It is relator’s burden

to provide this court with a record sufficient to establish his right to relief. Walker v. Packer, 827

S.W.2d 833, 837 (Tex. 1992); TEX. R. APP. P. 52.3(k), 52.7(a). 

The record before us fails to establish relator is entitled to the relief requested. Although

relator alleges he filed his motion, relator has not provided this court with a file stamped copy of the

motion, a copy of the trial court’s docket, or any other proof that he filed the motion and that it is

pending before the trial court. In addition, if a motion is properly filed, a trial court has a reasonable

time within which to perform its ministerial duty. See Safety-Kleen, 945 S.W.2d at 269. Even if

relator’s motion was properly filed, relator has not established the motion has awaited disposition

for an unreasonable amount of time. 

Accordingly, because relator has not met his burden of providing a record establishing that

a motion was properly filed and has awaited disposition for an unreasonable amount of time, he has

not provided this court with grounds to usurp the trial court’s inherent authority to control its own

docket. See In re Mendoza, 131 S.W.3d 167, 168 (Tex. App.—San Antonio 2004, orig. proceeding).

Accordingly, relator’s petition for writ of mandamus is denied. TEX. R. APP. P. 52.8(a). 

PER CURIAM

DO NOT PUBLISH
### USGS-NoGaDat - A global dataset of noble gas concentrations and their isotopic ratios in volcanic systems

By: Atosa A. AbediniS. HurwitzWilliam C. Evans

                            https://doi.org/10.3133/ds202

#### Links

- More information:  **USGS Index Page**                            (html)
- Database:  **Database**
- Image:  **Image**
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

The database (Version 1.0) is a MS-Excel file that contains close to 5,000 entries of published information on noble gas concentrations and isotopic ratios from volcanic systems in Mid-Ocean ridges, ocean islands, seamounts, and oceanic and continental arcs (location map). Where they were available we also included the isotopic ratios of strontium, neodymium, and carbon. The database is sub-divided both into material sampled (e.g., volcanic glass, different minerals, fumarole, spring), and into different tectonic settings (MOR, ocean islands, volcanic arcs). Included is also a reference list in MS-Word and pdf from which the data was derived. The database extends previous compilations by Ozima (1994), Farley and Neroda (1998), and Graham (2002). The extended database allows scientists to test competing hypotheses, and it provides a framework for analysis of noble gas data during periods of volcanic unrest.
|     |                                                                                                 
|---- | ------------------------------------------------------------------------------------------------
|KPMG | KPMG LLP
						Three Wachovia Center
						401 South Tryon Street
						Charlotte, NC 28202-1911

Independent Accountants' Report

The Board of Directors
Wachovia Bank, National Association

We have examined management's assertion, included in the acompanying management assertion, that Wachovia Bank, National
Association (the Bank) complied with the minimum servicing standards set forth in the Mortgage Bankers Association of America's Uniform Single Attestation Program for Mortgage Bankers relating to its servicing of asset securitizations, pursuant to the respective
Servicing Agreements for the Wachovia Asset Securitization Issuance, LLC (WASI) Trust 2003 HE-3 and 2004 HE-1 (collectively the Trusts), except
for minimum servicing standards I.2, I.4, III.3, III.4, III.6, V.3, and V.4, which are inapplicable to the servicing of the WASI Trusts,
as of and for the year ended December 31, 2004. Management is responsible for the Bank's compliance with those minimum servicing standards.
Our responsibility is to express an opinion on management's assertion about the Bank's compliance based on our examination.Our examination was conducted in accordance with attestation standards established by the American Institute of Certified
Public Accountants and, accordingly, included examining, on a test basis, evidence about the Bank's compliance with the minimum servicing
standards specified above and performing such other procedures as we considered necessary in the circumstances.  We believe that our
examination provides a reasonable basis for our opinion.  Our examination does not provide a legal determination on the Bank's compliance
with the minimum servicing standards.In our opinion, management's assertion that the Bank complied with the aforementioned minimum servicing standards as of and for
the year ended December 31, 2004 is fairly stated in all material respects./s/KPMG, LLP

March 15, 2005
9-1

Index

Chapter 9

Index

Section

36 Undeveloped Leases (2002-2030) 1.0, 1.1, 6

Air Quality 4.3, 5.2.1

Alternatives 3, 5.4, 5.5

Biological Resources 4.6

California Coastal Commission 1.3

Casmalia 5.2.12, 6.1.3

Climate and Meteorological Conditions 4.2

Commercial Fishing and Kelp Harvest 4.12, 5.2.22

Community Characteristics and Tourism Resources 4.10, 5.2.16

Conditional Oil Spill Risk Analysis 5.1.3.2

Cultural Resources 4.7, 5.2.13

Cumulative Analysis 1.0, 1.2, 5.1.2, 5.2, 6.1.1, 6.1, 6.2

Employment and Population 4.11.1, 5.2.17

Endangered Species Consultation 1.3

Environmental Justice 5.3

Essential Fish Habitat 1.3, 5.2.6

Estuarine and Wetland Habitats 4.6.8, 5.2.10

Fish Resources 4.6.4, 5.2.6

Geology 4.1

High Case Scenario 6.3

Housing 4.11.2, 5.2.18

Hypothetical Development Scenario for the 36 Undeveloped Leases 6.1.3

Infrastructure 4.11.3, 5.2.19

Kelp Beds 4.6.3, 5.2.5

Marine and Coastal Birds 4.6.5, 5.2.7

Marine Mammals 4.6.6, 5.2.8

Marine Recreational Fishing 4.13, 5.2.23

Military Operations 4.14, 5.2.24

National Pollutant Discharge Elimination System Permit 4.5, 5.2.2, 6.2.2
9-2

Delineation Drilling Activities Offshore Santa Barbara County

Section

No Action 5.5

Non-Residential Land Use 4.11.5, 5.2.21

Oil Sources, Behavior, and Spill Response 5.1.3.3

Oil Spill Risk Assessment 5.1.3.1

Onshore Biological Resources 4.6.10, 5.2.12

Onshore Disposal of Muds and Cuttings 5.4

Physical Oceanography 4.4

Proposed Action 1.0, 2

Public Services and Finance 4.11.4, 5.2.20

Reasonably Foreseeable Activities (2002-2030) 6.1.2

Reasonably Foreseeable Activities 5.1.2.2

Recreation 4.9, 5.2.15

Refuges, Preserves and Marine Sanctuaries 4.6.9, 5.2.11

Rocky and Sandy Beach Habitats 4.6.1, 5.2.3

Sanctuary 4.6.9, 5.2.11

Santa Ynez Band of the California Mission Indians 4.7, 5.2.13, 6.2.13

Scoping 1.3

Sea Otter 4.6.6, 4.6.7, 5.2.8, 5.2.9

Seafloor Resources 4.6.2, 5.2.4

Secretary of the Interior 1.0

Seeps, Oil 4.1

Social And Economic Environment 4.11

State Historic Preservation Office Consultation 1.3

Threatened and Endangered Species 4.6.7, 5.2.9

Vandenberg Air Force Base 5.2.12, 6.1.3

Visual Resources 4.8, 5.2.14

Water Quality 4.5, 5.2.2