alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

A BATEMENT O RDER

Appellate case name: Ex parte Julia Rodriguez

Appellate case number: 01

- 16

- 00488

- CR

Trial court case number: 2094222

Trial court: Co unty Crim inal C our t at Law No

. 12 of Harris County

Julia Rodriguez appeals from the trial court’s denial of her application for writ of habeas

corpus. The clerk’s record contains no certification of the right to appeal. See T EX

. R. A PP

. P.

25.2(d) (when defendant is appellant, recor d must include certification of defendant’s right to

appeal).

In her underlying criminal appeal, Rodriguez received deferred adjudication community

supervision and it appears that her deferred adjudication was terminated and she was discharged.

Rodrigue z has not made payment arrangements for the filing of the reporter’s record.

In July, Rodriguez’s counsel filed a motion to dismiss the appeal. We denied this motion

because it did not comply with Rule 42.2(a) in that it was not signed by Rodriguez and the

certificate of service did not reflect counsel served Rodriguez with the motion.

Accordingly, we order this appeal abated and we remand the cause to the trial court for

further proceedings. The trial court shall immediately conduct a hearing at whic h a

representative of the Harris County District Attorney’s Office and appellant ’s counsel, Windi

Akins Pastorini, shall be present. Appellant shall also be present for the hearing in person.

We direct the trial court to:

1) Execute a certification of appellant’s right to appeal; and

2) Make any other findings and recommendations the trial court deems appropriate.

In particular, the trial court should determine whether appellant desires to

prosecute her appeal or has abandoned her appeal.

3) If the trial c ourt determines appellant desires to prosecute her appeal, the trial

court shall determine whether appellant is indigent for purposes of the filing of

the record.

See T EX

. R. A PP . P. 25.2(a)(2), (d), (f), 34.5(a)(12), (c)(2), 35.3 (c), 37.1 , 37.3(a)(2)

.The trial court shall have a court reporter, or court recorder, record the hearing. The trial

court clerk is directed to file a supplemental clerk’s record containing the certification of

appellant’s right to appeal and any other findings, recommendati ons, and orders of the trial court,

with this Court no later than 30 days from the date of this order

. See T EX

. R. A PP

. P.

34.5 (c)(2).

The appeal is abated, treated as a closed case, and removed from this Court’s active

docket. The appeal will be reinsta ted on this Court’s active docket when the supplemental clerk’s

record i s filed with the Clerk of this Court. The court coordinator of the trial court shall set a

hearing date and notify the parties.

It is so ORDERED.

Judge’s signature: /s/ Harvey Brown

 Acting individually  Acting for the Court

Date: October 21, 2016
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-17-00667- CV

In re State of T exas ex rel. David Escam illa, T ravis County Attor ney

ORI GINAL P ROCEEDI NG F ROM WI LLIAM SO N COUNTY

O R D E R
P ER CURIAM

After rela tor State of Tex as ex rel. David Escam illa, Travis Count y Attorney , filed
a petition for writ of mandamus and mo t i o n for emer g ency stay , this Court g rante d rela tor’s
emer g ency motion and temporar ily stay ed all proce eding s in the trial court on rea l party in interest’s pending application for writ of habea s corpus, trial court cause number 17-1228-C368. Relator has
now filed an emer g ency motion for stay of proce eding s and motion for show-ca use hear ing, seeking to preve n t t h e trial court from proce eding on a second application for writ of habea s corpus filed by rea l party

in interest in the same c ounty and assig ned ca

use number 17- 1428-C425. We g rant rela tor’s emer g ency motion and stay all trial court proce eding s in cause number 17-1428-C425 and any and all other actions arising from the underly ing contempt order that is the subject of the dispute, pending further order of t h i s C o u rt
. I n addition, we g rant rela tor’s motion for show-ca

use hea ring . There fore , it is hereby order ed that Carissa B eene shall appea r in p er s o n befor e this Court on Wednesday , November 29, 2017, at 1:30 p.m., in the Third C o u rt o f Appea ls courtroom, located on the first floor of the Price Daniel, Sr. Building , 209 West 14th Street,in Austin, Travis County , Texas, to show cause why she shoul d not be held in contempt and have

sanctions imposed for he r fa ilure to obey our Oc tober 12, 2017 orde r. I t is so ordered N ovember 20, 2017.

Be fore J ustices Pury ear , Field, a nd Bour land

2
#### ONEIDA NAVIGATION CORPORATION, CLAIMANT OF THE SAILING VESSEL “PERCY R. PYNE, 2d.” &c. *v.*W. & S. JOB *&*COMPANY, INC.

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK.

No. 259.

Argued March 19, 1920.

Decided April 19, 1920.

In a libel of a vessel for damage to cargo due to unseaworthiness, the owner and claimant, having answered denying liability, hy leave filed a petition to bring in another party as indemnitor. *Held,*that a decree dismissing such petition was not appealable by the claimant to this court in advance of any determination of the main issue of claimant’s liability. A case cannot be brought up piecemeal. *Collins*v. *Miller, ante,*364.

Appeal dismissed.

The case is stated in the opinion.

*Mr. Geo. Wkitefield Betts, Jr.,*with whom *Mr. George C. Sprague*was on the brief, for appellant.

*Mr. Peter S. Carter,*for appellee, submitted.

Mr. Justice Brandéis

delivered the opinion of the court.

James W. Smith and another libelled the Schooner Percy R. Pyne 2d in the District Court of the United States for the Southern District of New York claiming damages for injury to cargo resulting from unseaworthi-" ness due to the cutting away of timbers and frame for the installation of . an auxiliary engine. The Oneida Navigation Company claimed the vessel as owner and answered denying liability. Then it filed, by leave of court, a *522petition to bring in, under Admiralty Rule 15 of that court in analogy to Admiralty Rule 59 of this court, W. & S. Job & Co., Inc., as defendants, alleging them to be the party through whose fault, if any, the damages complained of had occurred, .and that if liability should be established it would be entitled to be indemnified by them. W. & S. Job & Co., Inc., excepted to the petition and denied jurisdiction on the ground that the petition did not set. forth a cause of action in admiralty. Their exception was sustained and the petition was dismissed on that ground. The case comes here by direct appeal, the District Judge having certified the question of jurisdiction. .

The petition to make W. & S. Job & Co., Inc., party defendants was merely an incident in the progress of the case in the District Court. The liability of indemnitors thereby sought to be enforced would in no event arise unless the vessel should be held liable. The petitioner had as claimant denied liability in its answer to the libel and the issue thus raised had not been tried. While the decree dismissing the petition as to W. & S. Job & Co., Inc., was final as to them, there was no decree disposing of the case below. A case may not be brought here in fragments. This court has jurisdiction under § 238 of the Judicial Code, as under other sections, only from judgments which are both final and complete. *Collins*v. *Miller,*decided by this court March 29, 1920, *ante,*364; *Hohorst*v. *Hamburg-American Packet Co.,*148 U. S. 262. The case was not ripe for appeal. Although the objection was not raised by the appellee, the appeal is

*Dismissedfor want of jurisdiction.*
UNITED STATES DISTRICT COURT

FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 6,1

Eastern Division

Justin D. Reed

Plaintiff,

v. Case No.: 1:12−cv−00873

Honorable Sharon Johnson Coleman

Norfolk Southern Railway Company

Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Monday, August 25, 2014:

 MINUTE entry before the Honorable Sharon Johnson Coleman: Application by

Matthew H. Morgan for leave to appear pro hac vice [71] is granted. Status hearing held

on 8/25/2014. This action is dismissed without prejudice. Civil case terminated. Mailed

notice(rth, )

ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of

Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was

generated by CM/ECF, the automated docketing system used to maintain the civil and

criminal dockets of this District. If a minute order or other document is enclosed, please

refer to it for additional information.

For scheduled events, motion practices, recent opinions and other information, visit our

web site at www.ilnd.uscourts.gov.

Case: 1:12-cv-00873 Document #: 73 Filed: 08/25/14 Page 1 of 1 PageID #:435
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-END>                               DEC-31-1998
<CASH>                                       1,992,783
<SECURITIES>                                 7,246,781
<RECEIVABLES>                                2,391,599
<ALLOWANCES>                                         0
<INVENTORY>                                 10,028,071
<CURRENT-ASSETS>                            22,347,109
<PP&E>                                      12,536,655
<DEPRECIATION>                             (9,377,293)
<TOTAL-ASSETS>                              25,587,264
<CURRENT-LIABILITIES>                        1,767,448
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       504,979
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                25,587,264
<SALES>                                      5,658,362
<TOTAL-REVENUES>                             5,658,362
<CGS>                                        4,634,203
<TOTAL-COSTS>                                4,634,203
<OTHER-EXPENSES>                               938,518
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                378,152
<INCOME-TAX>                                   128,000
<INCOME-CONTINUING>                            250,152
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   250,152
<EPS-PRIMARY>                                      .23
<EPS-DILUTED>                                      .23
        

</TABLE>
#### 1425.701 Restriction on acquisition of supplies or services from prohibited sources.

The AS/PMB is authorized to request permission from the Office of Foreign Assets Control (OFAC) for DOI use of supplies and services from the sources described in FAR 25.701. Requests shall be prepared by the CO and submitted through the HCA to the Director, PAM.
# DOED State Formula by Program
<PAGE>


                                                                      Exhibit 32
                            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 Emerson Radio Corp. (the "Company")
on Form 10-Q for the period ended December 31, 2004, filed with the Securities
and Exchange Commission, Geoffrey P. Jurick, Chief Executive Officer, and Guy A.
Paglinco, Chief Financial Officer, of the Company each hereby 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 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 consolidated financial condition of the Company as of the dates
presented and the consolidated result of operations of the Company for the
periods presented.


Dated: February 3, 2005

                                                    By: /s/ Geoffrey P. Jurick
                                                    --------------------------
                                                    Geoffrey P. Jurick
                                                    Chief Executive Officer


                                                    By: /s/ Guy A. Paglinco
                                                    -----------------------
                                                    Vice President and
                                                    Chief Financial Officer

The foregoing certification is being furnished solely pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter
63 of Title 18, United States Code) and is not being filed as part of the Form
10-Q or as a separate disclosure document.

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Emerson Radio Corp. and will be
retained by Emerson Radio Corp. and furnished to the Securities and Exchange
Commission or its staff upon request.
<PAGE>   1
                                                                    Exhibit 10.2

                                    AMENDMENT

                              To Transfer Agreement


         This Amendment made as of this 14th day of February, 2000 between UCAR
Carbon Company Inc. ("UCAR") and UCAR Graph-Tech Inc. ("Graph-Tech").

         WHEREAS UCAR. did enter into a Transfer Agreement with Graph-Tech
effective January 1, 2000, (the "Transfer Agreement"); and

         WHEREAS the parties wish to amend the Transfer Agreement to add certain
real property to the list of transferred Assets to facilitate the creation of a
new production facility; and

         WHEREAS this additional transfer of Assets is done in furtherance of
the business purposes underlying the original transfer and the real property
shall be considered an additional contribution to the capital of Graph-Tech;

         THEREFORE in consideration of the premises and the mutual covenants set
forth herein, the parties agree to amend the Transfer Agreement as follows:

         1. Effective immediately, Section 1.1 of the Transfer Agreement is
hereby amended to add the following Section 1.1 (x) as follows:

         (x)      all parcels of real property (including all buildings,
                  improvements and structures located on the property and
                  appurtenances) whether owned, leased or otherwise held, listed
                  on Schedule H attached and incorporated by reference ("Real
                  Property").


         2. UCAR shall deliver or cause to be delivered to Graph-Tech a fully
executed and recordable Quit-Claim Deed for the Real Property and building
identified in Schedule H.

         3. The terms of the Transfer Agreement shall remain in full effect and
shall govern the actual transfer of the Real Property.
<PAGE>   2
UCAR CARBON COMPANY INC.                    UCAR GRAPH-TECH INC.


By:      /s/ Erick Asmussen                 By:      /s/ John Wetula
   --------------------------                  ---------------------------------
Title:   Controller                         Title:   President
<PAGE>   3
                                   SCHEDULE H

                                   [Omitted]
**EXHIBIT 12**

 

**Andrew Corporation**

** **

**Ratio of Earnings to Fixed Charges and Preferred Stock**

** **

**(In thousands)**

 
|                                                        |   | **As of or For the Year Ended September 30** |   |
|-------------------------------------------------------------|--------|---------------------------------------------------|--------|
|                                                        |   | **2003**                                          |   | **2002** |   | **2001** |   | **2000** |   | **1999** |   |
| **Income from  Continuing Operations  Before Income Taxes** |   | $                                                 | 23,326 |   | $ | 13,070 |   | $ | 101,392 |   | $ | 129,139 |   | $ | 52,134 |   |
|                                                        |   |                                              |   |   |   |   |   |   |   |   |   |
| Minority Interest (Income) Expense                          |   | 12                                                |   | (316 | ) | (2,422 | ) | 1,981 |   | (88 | ) |
| Loss from Equity Investments                                |   | —                                            |   | 134 |   | 618 |   | 3,626 |   | 1,374 |   |
| Fixed Charges                                               |   | 16,812                                            |   | 8,824 |   | 11,158 |   | 12,267 |   | 8,861 |   |
| **Adjusted Earnings**                                       |   | 40,150                                            |   | 21,712 |   | 110,746 |   | 147,013 |   | 62,281 |   |
|                                                        |   |                                              |   |   |   |   |   |   |   |   |   |
| **Fixed Charges**                                           |   |                                              |   |   |   |   |   |   |   |   |   |
| Interest Expense                                            |   | 5,675                                             |   | 5,079 |   | 7,413 |   | 8,862 |   | 5,329 |   |
| Rent Expense (1)                                            |   | 4,678                                             |   | 3,745 |   | 3,745 |   | 3,405 |   | 3,532 |   |
| Preferred Stock Dividends                                   |   | 6,459                                             |   | — |   | — |   | — |   | — |   |
| **Fixed Charges**                                           |   | $                                                 | 16,812 |   | $ | 8,824 |   | $ | 11,158 |   | $ | 12,267 |   | $ | 8,861 |   |
|                                                        |   |                                              |   |   |   |   |   |   |   |   |   |
| **Ratio of Earnings  to Fixed Charges**                     |   | 2.4                                               |   | 2.5 |   | 9.9 |   | 12.0 |   | 7.0 |   |

 

----

(1) Rent included in this computation consists of one-third of rentalexpense which Andrew believes to be a conservative estimate of the interestcomponent of rent expense.

 

1

----
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONSOLIDATED
BALANCE  SHEETS  AND  STATEMENTS  OF  OPERATIONS  ON  PAGES 3-6 OF THE COMPANY'S
DECEMBER  31,  1999  FORM  10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH  FINANCIAL  STATEMENTS.
</LEGEND>
<MULTIPLIER> 1000

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<PERIOD-TYPE>                           3-MOS
<FISCAL-YEAR-END>                       JUN-30-2000
<PERIOD-START>                          SEP-30-1999
<PERIOD-END>                            DEC-31-1999
<CASH>                                       14308
<SECURITIES>                                     0
<RECEIVABLES>                                13475
<ALLOWANCES>                                   429
<INVENTORY>                                    369
<CURRENT-ASSETS>                             97690
<PP&E>                                      245229
<DEPRECIATION>                               87243
<TOTAL-ASSETS>                              279448
<CURRENT-LIABILITIES>                        24581
<BONDS>                                     219631
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                       721
<OTHER-SE>                                    8275
<TOTAL-LIABILITY-AND-EQUITY>                279448
<SALES>                                      26275
<TOTAL-REVENUES>                             26275
<CGS>                                        20883
<TOTAL-COSTS>                                28942
<OTHER-EXPENSES>                              (398)
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                            6177
<INCOME-PRETAX>                              (8446)
<INCOME-TAX>                                 (2642)
<INCOME-CONTINUING>                          (5804)
<DISCONTINUED>                                4414
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                 (1390)
<EPS-BASIC>                                (2.09)
<EPS-DILUTED>                                (2.09)


</TABLE>
### §2441. Examination of application

The Secretary shall cause an examination to be made of the application and if on such examination it is determined that the applicant is entitled to plant variety protection under the law, the Secretary shall issue a notice of allowance of plant variety protection therefor as hereinafter provided.

(Pub. L. 91–577, title II, §61, Dec. 24, 1970, 84 Stat. 1549.)