alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NUMBER 13-12-00506-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

___________________________________________________________

ROBERT MARTINEZ, Appellant,

v.

HERMAN TREVINO D/B/A FAST ORGANIZERS, Appellee. 

____________________________________________________________

On Appeal from the County Court at Law No. 7 

of Hidalgo County, Texas.

____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Vela

Memorandum Opinion Per Curiam

Appellant, Robert Martinez, attempted to perfect an appeal from a judgment 

entered by the County Court at Law No. 7 of Hidalgo County, Texas, in cause number 

CL-06-0981-G. Judgment in this cause was signed on March 19, 2012. A motion for 

new trial was filed on March 19, 2012. Pursuant to Texas Rule of Appellate Procedure 

26.1, appellant=s notice of appeal was due on June 18, 2012, but was not filed until July 5, 

2012. 
2

A motion for extension of time is necessarily implied when an appellant, acting in 

good faith, files a notice of appeal beyond the time allowed by rule 26.1, but within the 

fifteen-day grace period provided by Rule 26.3 for filing a motion for extension of time. 

See Verburgt v. Dorner, 959 S.W.2d 615, 617-18, 619 (1997) (construing the 

predecessor to Rule 26). However, appellant must provide a reasonable explanation for 

the late filing: it is not enough to simply file a notice of appeal. Id.; Woodard v. Higgins, 

140 S.W.3d 462, 462 (Tex. App.—Amarillo 2004, no pet.); In re B.G., 104 S.W.3d 565, 

567 (Tex. App.—Waco 2002, no pet.).

On August 7, 2012, the Clerk of this Court notified appellant of this defect so that 

steps could be taken to correct the defect, if it could be done. Appellant was advised 

that, if the defect was not corrected within ten days from the date of receipt of this Court=s 

letter, the appeal would be dismissed. To date, no response has been received from 

appellant providing a reasonable explanation for the late filing of the notice of appeal.

The Court, having examined and fully considered the documents on file, 

appellant=s failure to timely perfect his appeal, and appellant=s failure to respond to this 

Court=s notice, is of the opinion that the appeal should be dismissed for want of 

jurisdiction. Accordingly, the appeal is hereby DISMISSED FOR WANT OF 

JURISDICTION. See TEX. R. APP. P. 42.3(a)(c).

PER CURIAM

Delivered and filed the

30th day of August, 2012.
#### *Price vs. Wood.*

detinue.

Case 36.

Error to the Barren Circuit; Christopher Tompkins, Judge.

JYew *trial. Witness.*

mo'Jed on the ground that the verdict ^evidence overruled below, awarded llere-

Witness who becomes interested in the matter after his attestation, cannot withhold his teslim&ny.

May 1.

Chief Justice Bibb,

delivered the Onimon of the Court.

The plaintiff, Price, claimed the slave In question under a deed of gift by Charles W. Lewis and Charles Hudson. The suit is in detinue against one who hired the slave from the executor of Charles Hudson. Supposing the deed to have been executed by Hudson and Lewis, the right of the plaintiff was undoubted ; and no circumstance whatever appears in favour of the defendant, to render the right of the plaintiff doubtful; and this court cannot perceive any ground for" the verdict for the defendant, unless the jury went on the ground that the execution of the deed by Hudson was not sufficiently proved. The deed was admitted as evidence; but the execution thereof as to Hudson was not positively proved by the subscribing witness, Hudson Lewis, who was sworn, although we think the evidence was amply sufficient to prove the deed upon Hudson.

But the defect arose from the refusal of the court to compel the other subscribing witness to give evidence. This witness, William Lewis, after he attested the deed, proved its execution in the clerk’s office, and the deed was laid over for further proof. Since his attestation, he became interested by marrying *the*grand daughter of Hudson, one of said grantors, by which marriage he had acquired an interest in the estate of said Hudson deceased. This ■ interest was the cause of this witness’s objecting to give evidence. He became interested- by his own act since he attested the deed. This subsequent interest was no cause for depriving the plaintiff of the benefit of his testimony.

There was enough however, without the testimony of this witness, to entitle the plaintiff to a verdict; and the court ought to have awarded a new trial.

It seems to this court that the verdict was against tbe law and the evidence; and should have been set aside on the motion 'made.

*224
      *Crittenden*for plaintiff.

Judgment reversed with costs, and cause remanded for a venire facias de novo.

Plaintiff to have his costs.
Editorial Note on Subchapter B of Chapter XIV
Editorial Note: For Federal Register citations to regulations affecting previous program years not included in this volume, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*

§ 1464.45 Misrepresentation and scheme or device. ( a ) A person, legal entity, joint operation, or Indian Tribe that is determined to have erroneously represented any fact affecting a program determination made in accordance with this part will not be entitled to payments under RCPP and must refund to NRCS all RCPP payments, plus interest, determined in accordance with part 1403 of this chapter.
( b ) A participant will lose all interest in all contracts or agreements with NRCS and will refund to NRCS all payments, plus interest determined in accordance with part 1403 of this chapter, received by such participant with respect to all contracts and agreements if it is determined that the participant has knowingly: ( 1 ) Adopted any scheme or device that tends to defeat the purpose of the program;
( 2 ) Made any fraudulent representation to NRCS;
( 3 ) Adopted any scheme or device for the purpose of depriving any tenant or sharecropper of the payments to which such person would otherwise be entitled under the program; or
( 4 ) Misrepresented any fact affecting a program determination.
( c ) If NRCS determines that a participant has violated the terms of a program contract, a lead partner has violated the terms of a partnership agreement, or a lead partner or nonlead partner has violated the terms of a supplemental agreement, NRCS may determine that the severity of the violation renders the participant, lead partner, or nonlead partner, respectively, ineligible for future NRCS conservation program consideration in accordance with applicable suspension and debarment regulations.
#### *Barrow vs. Jones.*

Chancery.

Case 121.

Error to the Pulaski Circuit; John *h.*Bridges, Judge.

*Bill for new trial. Discovery of testimony. Negligence of Attorney.*

June 11.

Statements of eorapl’nts, bill,

Compl’ts. at*471torney going into trial unprepared, & suffering a verdict against his client, in his absence, no ground for ry of ne«v testimony, releyant t0 fhe mj^hthave been had on triah by no'*1" |g^nt'J¡^r w 1

*470Judge Underwood

delivered the opinion of the Court.

Jones sued Barrow and Cooper in the circuit court, in an action of covenant, they plead *non est factum,*and on the trial, the jury found for the defendants. Jones then filed his bill in chancery, enjoining the judgment for costs against him, and praying for a new trial at law, which upon hearing, was ordered fay the chancellor, as to Barrow alone, the bill being dismissed as to Cooper. The ground relied on in the bill is, that Jones had put the instrument on which suit was brought, in the hands of aD agent, who placed it into the hands of an attorney, who brought suit thereon; that at the time of the trial the agent was dead; the complainant, Jones, a non-resident, and. the attorney ignorant of the witnesses to call or have summoned to prove the execution of the covenant, and that he had discovered important testimony, which, in addition to that previously known to him, would enable him to succeed on another trial.

We are of opinion that the bill does not present a case which authorized the relief given. It was the-*471■fault of the complainant’s attorney, to go into trial unprepared, or if he did, to suffer a verdict to be rendered in the absence of the complainant, or any authorized agent. For injuries resulting to clients, from negligence or inattention on the part of their attorneys, Courts cannot give redress against the other party to the suit. Redress must be sought in a new action, against a new party.

The record at )aiviand tl?e the chancery cause, do not justify dis- and judgment,

Cunningham, for plaintiff.

The discovery of evidence or new testimony relevant to the point in issue, which, by reasonable diligence, could have been produced, is no cause for a new trial; going into trial unprepared, should rather operate against an application /ora new trial,instead of in its favor. Where it does not clearly appear, that the result of a newv trial ought to be in favor of the applicant, it should be awarded with much caution, if at all. The authorities are abundant on these points.

The record shows that the attorney for Jones was, at least, so far attentive to his interests, as to call and examine witnesses for him, on the trial at law. The subscribing witness was examined, and he disowned and disproved the covenant. The testimony of the complainant, taken in the chancery suit, although it is sufficient to excite our suspicions, that he has been imposed on, yet it is by no means conclusive. Every view of the case satisfies us that the verdict and judgment at law, ought not to have been disturbed.

Decree reversed with costs. The complainant’s bill must be dismissed with costs, and his injunction dissolved with damages.
STEAM ELECTRIC CBI REPLACEMENT PAGE 

EPA-HQ-OW-2009-0819 

DCN: SE03836

THE FOLLOWING HAS BEEN REMOVED BECAUSE IT 

CONTAINS CONFIDENTIAL BUSINESS INFORMATION 

(CBI) PER 40 CFR PART 2, SUBPART B.
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## Breadcrumb

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# School Bus Safety

Information and resources regarding school bus safety.

http://www.nhtsa.gov/School-Buses
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            -           Resource: 2017 School Health Index      

# Resource: 2017 School Health Index

This self-assessment and planning tool can help schools improve their health and safety policies and programs at the elementary, middle, and high school level. School administrators and school wellness teams can use the tool to identify strengths and weaknesses in their policies and programs for promoting health and safety, to develop an action plan for improving student health and safety, and to involve stakeholders in improving school policies, programs, and services. **Learn more.**
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            -           Help Us Get the Word Out About the FAFSA      

# Help Us Get the Word Out About the FAFSA

The Department of Education is asking the public for help to spread the word to students, parents, and educators about the importance of completing the Free Application for Federal Student Aid (FAFSA). The Federal Student Aid Financial Aid Toolkit (DOC, 5 pages) contains sample Facebook posts, tweets, blogs, videos, photos, and infographics that can be used to deliver the message through social media channels. 

http://www.ed.gov/blog/2015/01/help-us-get-the-word-out-about-the-fafsa/?utm_source=FindYouthInfo.gov&utm_medium=Federal%20Links&utm_campaign=Reports-and-Resources
#### § 1260.102 Secretary.

*Secretary* means the Secretary of Agriculture of the United States or any other officer or employee of the Department to whom there has heretofore been delegated, or to whom there may hereafter be delegated, the authority to act in the Secretary's stead.
August 25-25, 2011 Exceptional Event Demonstration 

Page 39; corrected video link. 

Page 63; revised instructions for accessing videos and corrected video link format. 

July 18, 2011 Exceptional Event Demonstration

Page 26, corrected four wind speed values which were incorrectly converted from meters 

per second to miles per hour.
#### § 1000.70 Producer-settlement fund.

The market administrator shall establish and maintain a separate fund known as the producer-settlement fund into which the market administrator shall deposit all payments made by handlers pursuant to §§ ____.71, ____.76, and ____.77 of each Federal milk order and out of which the market administrator shall make all payments pursuant to §§ ____.72 and ____.77 of each Federal milk order. Payments due any handler shall be offset by any payments due from that handler.
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## Breadcrumb

            -  Announcements 
            -           Resource: Emergency Operations Plan Maintenance: Reviewing, Updating, and Strengthening Plans      

# Resource: Emergency Operations Plan Maintenance: Reviewing, Updating, and Strengthening Plans

This fact sheet (PDF, 3 pages) provides guidance to school districts about continually evaluating and enhancing high-quality emergency operations plans (EOPs). The fact sheet presents the following considerations for reviewing, updating, and strengthening EOPs: 
                  -  Conduct emergency exercises  
                  -  Collaborate with community partners  
                  -  Focus on sustainability  
                  -  Conduct evaluations consistently  

Additional resources are provided. **Learn more** (PDF, 3 pages).
#### § 1540.45 Information.

Persons desiring information from the Department of Agriculture regarding the Department's implementation of section 204(e) of the Act should address such inquiries to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington, DC 20250. Issued at Washington, DC this 19th day of March, 1993.
Exhibit 31.2
 Certification of Chief Financial Officer  Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
      a)
    
    designed such disclosure controls and procedures, or caused such disclosure controls
and procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us by
others within those entities, particularly during the period in which this report is being
prepared;b)
    
    designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;c)
    
    evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this report based on such
evaluation; andd)
    
    disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the
registrants fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the registrants internal control
over financial reporting; and
  a)
    
    all significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect
the registrants ability to record, process, summarize and report financial information;
andb)
    
    any fraud, whether or not material, that involves management or other employees who
have a significant role in the registrants internal control over financial reporting.
 Date: September 16, 2009
    By:
    /s/    Christopher L. NagelChristopher L. Nagel,Vice President, Finance and
Chief Financial Officer
#### § 1220.256 Separability.

If any provision of this subpart is declared invalid or the applicability thereof to any person or circumstances is held invalid, the validity of the remainder of this subpart of the applicability thereof to other persons or circumstances shall not be affected thereby.
Nicor
      Gas
      Company


Form
      10-Q


Exhibit
      32.1





**CERTIFICATION**





Pursuant
      to 18 U.S.C. Section 1350, as created by Section 906 of the Sarbanes-Oxley
      Act
      of 2002, the undersigned officer of Nicor Gas Company (the “ Company ”)
      hereby
      certifies, to such officer’s knowledge, that:





(i)  the
      accompanying Quarterly Report on Form 10-Q of the Company for the quarterly
      period ended September 30, 2006 (the “ Report ”)
      fully
      complies with the requirements of Section 13(a) or Section 15(d), as applicable,
      of the Securities Exchange Act of 1934, as amended; and





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








Dated:
                November 1, 2006
            
            /s/
                RUSS M. STROBELRuss
                M. StrobelChairman,
                President and Chief Executive
                Officer
#### § 1216.8 Farm Service Agency.

*Farm Service Agency or FSA* means the U.S. Department of Agriculture's Farm Service Agency.