alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Walter Mortgage s



# F **ourth Court of Appeals San Antonio, Texas** 

October 23, 2014

N o. 04

- 14

- 00707

- CV

Melissa BROQUET and John Broquet, Appellant s

v.

WALTER MORTGAGE COMPANY

, Appellee

From the 229th Judicial District Court, Duval County, Texas Trial Court No. DC

- 12

- 60

- A Judge Robert Blackmon, Judge Presiding



### ORDER

The trial court signed a final judgment on June 9, 2014. Appellants filed a timely motion for new trial on July 1, 2014. Therefore, the notice of appeal was due to be filed September 8, 2014. A motion for extension of time to file the notice of appeal was due on September 23, 2014. See T EX

. R. A PP

. P . 26.3. Although appellants filed a notice of appeal within the fifteen

day grace period allowed by Rule 26.3, they did not file a motion for ex tension of time.

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 moti on for extension of time. See Verburgt v.
Dorner , 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). However, the appellant must offer a reasonable explanation for failing to file the notice of appeal in a timely manner. See id. ; T EX

. R. A PP

. P . 26.3, 10.5(b)(1)(C).

It is therefore ORDERED that appellants file, within fifteen days from the date of this order, a response presenting a reasonable explanation for failing to file the notice of appeal in a timely manner. If appell ants fail to respond within the time provided, the appeal will be dismissed. See T EX

. R. A PP

. P . 42.3(c). All other appellate deadlines are suspended until further order of this court except the appellants’ payment of the filing fee for this appeal which is due to be paid no later than October 24, 2014.

_________________________________ Catherine Stone, Chief JusticeIN WITNESS WHEREOF, I have here unto set my hand and affixed the seal of the said court on this 23rd day of October, 2014

.

___________________________________ Keith E. Hottle Clerk of Court
Fourth Court of Appeals

San Antonio, Texas

June 24, 2016

No. 04-15-00610-CV

LAREDO MERCHANTS ASSOCIATION,

Appellant

v.

CITY OF LAREDO, TEXAS,

Appellee

From the 341st Judicial District Court, Webb County, Texas

Trial Court No. 2015-CVQ-00-1077-D3

Honorable Rebecca Ramirez Palomo, Judge Presiding

O R D E R

On June 15, 2016, James K. Lehman filed a Motion for Admission Pro Hac Vice 

requesting to appear before our court on behalf of appellant. On that same day, appellant’s 

counsel of record, James B. Harris, filed a Motion to Request and In Support of James K. 

Lehman’s Motion for Admission Pro Hac Vice requesting this court to grant Mr. Lehman’s 

motion. On June 22, 2016, Mr. Lehman filed a letter with this court indicating counsel for 

appellee has no objection to the pro hac vice motion. 

After review, we GRANT Mr. Lehman’s a Motion for Admission Pro Hac Vice. 

We order the clerk of this court to serve a copy of this order on the trial court and all 

counsel. 

It is so ORDERED on June 24, 2016.

PER CURIAM

ATTESTED TO: ________________________________

 Keith E. Hottle

Clerk of Court
##### 



Exhibit 10.63 FIRST AMENDMENT TO
SECURED PROMISSORY NOTE THIS FIRST AMENDMENT TO SECURED PROMISSORY NOTE (this Amendment), dated as of January 26,
2005, is entered into between Bill D. Stewart (the Lender), and NATURADE, INC., a
Delaware corporation (the Borrower). RECITALS A. The Borrower and the Lender have entered into a SECURED PROMISSORY NOTE dated as of April 14,
2004 (the Loan Agreement). Capitalized terms used herein have the meanings given to them
in the Loan Agreement unless otherwise specified. B. The Borrower has requested that the Lender amend the payment provisions of the Loan Agreement. AMENDMENT NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, and
for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows: 7. Amendments to Loan Agreement.  a.
    Effective January 26, 2005 payments on the Loan Agreement will be
amended as follows:  i.
    On or before December 31, 2005 Borrower will

pay principal of $100,000 plus accrued interestii.
    No cash interest will be paid until principal
is paid in full.iii.
    Interest will be compounded on a quarterly
basis. IN WITNESS WHEREOF, the parties have entered into this Amendment as of the date first above
written.
Naturade, Inc. /s/ Stephen M. Kasprisin
Stephen M. Kasprisin
Chief Operating Officer Bill D. Stewart /s/ Bill D. Stewart
```

[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Notices]
[Pages 37536-37537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14863]

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

DEPARTMENT OF ENERGY

Methane Hydrate Advisory Committee

AGENCY: Office of Fossil Energy, Department of Energy.

ACTION: Notice of open meeting.

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

SUMMARY: This notice announces a meeting of the Methane Hydrate 
Advisory Committee. The Federal Advisory Committee Act (Pub. L. 92-463, 
86 Stat. 770) requires that notice of these meetings be announced in 
the Federal Register.

DATES: Tuesday, July 16, 2013, 12:45 p.m. to 1:00 p.m. (EDT)--
Registration, 1:00 p.m. to 4:00 p.m. (EDT)--Meeting.

ADDRESSES: U.S. Department of Energy, Forrestal Building, Room 3G-043, 
1000 Independence Ave. SW., Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: Lou Capitanio, U.S. Department of 
Energy, Office of Oil and Natural Gas, 1000 Independence Avenue SW., 
Washington, DC 20585. Phone: (202) 586-5098.

SUPPLEMENTARY INFORMATION:
    Purpose of the Committee: The purpose of the Methane Hydrate 
Advisory Committee is to provide advice on potential applications of 
methane hydrate to the Secretary of Energy, and assist in developing

[[Page 37537]]

recommendations and priorities for the Department of Energy's Methane 
Hydrate Research and Development Program.
    Tentative Agenda: The agenda will include: Welcome and Introduction 
by the Designated Federal Officer; Discussion of Committee Comments on 
Draft Methane Hydrate Roadmap; Discussion of Committee Recommendations; 
and Public Comments, if any.
    Public Participation: The meeting is open to the public. If you 
would like to file a written statement with the Committee, you may do 
so either before or after the meeting. If you would like to make oral 
statements regarding any of the items on the agenda, you should contact 
Lou Capitanio at the phone number listed above and provide your name, 
organization, citizenship, and contact information. You must make your 
request for an oral statement at least five business days prior to the 
meeting, and reasonable provisions will be made to include the 
presentation on the agenda. Anyone attending the meeting will be 
required to present government-issued identification. Space is limited. 
Public comment will follow the three-minute rule. The Designated 
Federal Officer and the Chair of the Committee will conduct the meeting 
to facilitate the orderly conduct of business.
    Minutes: The minutes of this meeting will be available for public 
review and copying within 60 days at the following Web site: http://www.fe.doe.gov/programs/oilgas/hydrates/Methane_Hydrates_Advisory_Committee.html.

    Issued at Washington, DC, on June 17, 2013.
LaTanya R. Butler,
Deputy Committee Management Officer.
[FR Doc. 2013-14863 Filed 6-20-13; 8:45 am]
BILLING CODE 6450-01-P
```
§ 59.205 Mandatory reporting of wholesale pork sales. ( a ) *Daily reporting.* The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary at least twice each reporting day for barrows and gilts (once by 10 a.m. central time, and once by 2 p.m. central time) and once each reporting day for sows and boars (by 2 p.m. central time) the following information on total pork sales established on that day inclusive since the last reporting as described in § 59.10(b): ( 1 ) The price for each wholesale pork sale, as defined herein, quoted in dollars per hundredweight on an F.O.B. Plant and an F.O.B. Omaha basis as outlined in § 59.205(d). The price shall include brokerage fees, if applicable. All direct, specific, and identifiable marketing costs (such as point of purchase material, marketing funds, accruals, rebates, and export costs) shall be deducted from the net price if applicable and known at the time of sale;
( 2 ) The quantity for each pork sale, quoted by number of pounds sold; and
( 3 ) The information regarding the characteristics of each sale is as follows: ( i ) The type of sale;
( ii ) Pork item description;
( iii ) Pork item product code;
( iv ) The product delivery period, in calendar days;
( v ) The pork class (barrow/gilt, sow, boar);
( vi ) Destination (Domestic, Export/Overseas, NAFTA);
( vii ) Type of Refrigeration (Fresh, Frozen, age range of fresh product); and
( viii ) Specialty pork product, if applicable
( b ) *Publication.* The Secretary shall make available to the public the information obtained under paragraph (a) of this section not less frequently than twice each reporting day for gilt and barrow product and once each reporting day for sow and boar product.
( c ) The Secretary shall obtain product specifications upon request.
( d ) The Secretary shall provide freight information for the purpose of calculating prices on an F.O.B. Omaha basis. The Secretary shall provide this information periodically, but not less than quarterly.
[77 FR 50574, Aug. 22, 2012]
§ 58.527 Physical requirements. ( a ) *Flavor.* The cottage cheese shall possess a mild pleasing flavor, similar to fresh whole milk or light cream and may possess the delicate flavor and aroma of a good lactic starter. The product may possess to a slight degree a feed, acid, or salty flavor but shall be free from chalky, bitter, utensil, fruity, yeasty, or other objectionable flavors.
( b ) *Body and texture.* The curd particles shall have a meaty texture, but sufficiently tender to permit proper absorption of cream or cheese dressing. The texture shall be smooth and velvety and shall not be mealy, crumbly, pasty, sticky, mushy, watery, rubbery or slimy or possess any other objectionable characteristics of body and texture. Small curd style (cut with 1 ⁄ 4 inch knives) should have curd particles approximately 1 ⁄ 4 inch or less in size. Large curd style (cut with knives over 1 ⁄ 4 inch) should have curd particles approximately 3 ⁄ 8 inch or more in size.
( c ) *Color and appearance.* The finished cottage cheese, creamed or plain curd, shall have an attractive natural color and appearance with curd particles of reasonably uniform size. The creamed cottage cheese shall be uniformly mixed with the cream or dressing properly absorbed or adhering to the curd so as to prevent excessive drainage.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2635 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 2635

To amend the Internal Revenue Code of 1986 to extend the transportation 
                  fringe benefit to bicycle commuters.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 24, 2006

   Mr. Wyden (for himself, Ms. Snowe, Ms. Cantwell, and Ms. Collins) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to extend the transportation 
                  fringe benefit to bicycle commuters.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bicycle Commuters Benefits Act of 
2006''.

SEC. 2. EXTENSION OF TRANSPORTATION FRINGE BENEFIT TO BICYCLE 
              COMMUTERS.

    (a) In General.--Paragraph (1) of section 132(f) of the Internal 
Revenue Code of 1986 (relating to general rule for qualified 
transportation fringe) is amended by adding at the end the following:
                    ``(D) Bicycle commuting allowance.''.
    (b) Bicycle Commuting Allowance Defined.--Paragraph (5) of section 
132(f) of such Code (relating to definitions) is amended by adding at 
the end the following:
                    ``(F) Bicycle commuting allowance.--The term 
                `bicycle commuting allowance' means an amount provided 
                to an employee for transportation on a bicycle if such 
                transportation is in connection with travel between the 
                employee's residence and place of employment.''.
    (c) Limitation on Exclusion.--Paragraph (2) of section 132(f) of 
such Code is amended by striking ``subparagraphs (A) and (B)'' and 
inserting ``subparagraphs (A), (B), and (D)''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2005.
                                 <all>
```
#### In the Matter of the Accounting of Steven J. Kumble et al., as Trustees under a Trust Created by Betty A. Winkel, as Settlor. Charles A. Wolf et al., Appellants; Steven J. Kumble, Respondent.

— Judgment, Supreme Court, New York County, entered on April 10, 1979, insofar as it fixes a fee for legal services rendered by petitioner’s attorneys, unanimously modified, in the exercise of discretion, to reduce the fee awarded to $10,000 and, as so modified, affirmed, without costs. A review of the "affidavit of [legal] services” submitted in support of the application by petitioner for the award of attorneys’ fees and the other documents submitted at Special Term indicates that a fee of no more than $10,000 is warranted and the judgment appealed from is modified accordingly. We have examined appellant’s other contentions and find them to be without merit. Concur — Fein, J. P., Sullivan, Markewich and Ross, JJ.
###### Editorial Note on Part 57

#### Editorial Note:

1. At 63 FR 69969, Dec. 17, 1998, part 57 was added by duplicating portions of part 59. At 63 FR 72353, Dec. 31, 1998, part 59 was redesignated as part 590 of 9 CFR.

2. Nomenclature changes to part 57 appear at 63 FR 69971, Dec. 17, 1998.

#### § 57.920 Importer to make application for inspection of imported eggs.

Each person importing any eggs as defined in these regulations, unless exempted by § 57.960 shall make application for inspection upon LPS Form 222- Import Request. The application may be submitted to the address located on LPS Form 222, filed through electronic submission via *QAD.importrequesteggs@ams.usda.gov,* or by accessing the U.S. Customs and Border Protection's International Trade Data System. Application shall be made as far in advance as possible prior to the arrival of the product. Each application shall state the approximate date of product arrival in the United States, the name of the ship or other carrier, the country from which the product was shipped, the destination, the quantity and class of product, and the point of first arrival in the United States.

[81 FR 1482, Jan. 13, 2016]
27.201-1 General.

(a) Pursuant to 28 U.S.C. 1498, the exclusive remedy for patent or copyright infringement by or on

behalf of the Government is a suit for monetary damages against the Government in the Court of

Federal Claims. There is no injunctive relief available, and there is no direct cause of action against

a contractor that is infringing a patent or copyright with the authorization or consent of the

Government (e.g., while performing a contract).

(b) The Government may expressly authorize and consent to a contractor’s use or manufacture of

inventions covered by U.S. patents by inserting the clause at 52.227-1, Authorization and Consent.

(c) Because of the exclusive remedies granted in 28 U.S.C. 1498, the Government requires notice

and assistance from its contractors regarding any claims for patent or copyright infringement by

inserting the clause at 52.227-2, Notice and Assistance, Regarding Patent and Copyright

Infringement.

(d) The Government may require a contractor to reimburse it for liability for patent infringement

arising out of a contract for commercial products or commercial services by inserting the clause at

52.227-3, Patent Indemnity.

Parent topic: 27.201 Patent and copyright infringement liability.
#### In the Matter of the Claim of Kenneth Mitchell, Respondent, v Nason’s Delivery, Inc., et al., Appellants. Workers’ Compensation Board, Respondent.

from a decision of the Workers’ Compensation Board, filed July 18, 1979. The claimant sustained a heart attack at about 12:00 noon on August 16, 1978, while unloading his employer’s truck. Previously, on that date, he had made pickups and deliveries of cartons of hardware merchandise, weighing from 5 to 100 pounds each, in the same manner as he had done for about 29 years. The unloading required claimant to lift the cartons from inside the truck to its tailgate for placement onto a pallet; the pickups were done in reverse. At the time of his attack the claimant had just unloaded 21 cartons. He experienced numbness and shortness of breath and was sweating profusely. Taken by ambulance to a hospital, the diagnosis of myocardial infarction was made. At the hearing, two doctors testified that his work efforts did not contribute to this attack. The third doctor (Dr. Smith) stated in reply to a detailed hypothetical question that the claimant’s exertion on that day "could have precipitated the myocardial infarction”. Dr. Smith gave the medical rationale of his opinion as follows: "Well, I think Dr. Kij sort of lead *[sic]*up to the same thing by saying exertion can precipitate a myocardial infarction. I would have to say whether he’s accustomed to that amount of exertion or not, he is indeed putting stress on his heart and I would think the chances of having a myocardial infarction would have to be greater than a rest although as Dr. Kij states, myocardial infarctions can occur at rest.” Dr. Smith’s medical opinion, with a supporting medical hypothesis, constitutes substantial evidence to justify a finding of causal relationship *(Matter of Cyr v Bero Constr. Corp.,*75 ÁD2d 914). The Workers’ Compensation Law does not require medical opinions to be expressed with positiveness or medical certainty *(Matter of Jurkovich v Northeast Constructors,*56 AD2d 696). Moreover, squarely in point is *Matter of Ernest v Boggs Lake Estates*(12 NY2d 414) where an award was *966sustained although the testimony of the physicians there included such words as "possible”, "probably” and "could”. As explained by the Court of Appeals *(supra,*p 415): "We, like the Appellate Division, will look for the thought and meaning of this medical testimony rather than penalize the claimant because the doctors did not state their opinions in terms of infallibility of scientifically determined certainty”. Based, therefore, upon the testimony of the claimant and Dr. Smith, there is substantial evidence in the record to support the board’s decision that "there was sufficient stress for this particular person to cause a myocardial infarction which arose out of and in the course of employment”. Decision affirmed, with costs to the Workers’ Compensation Board against the employer and its insurance carrier. Mahoney, P. J., Greenblott, Sweeney, Kane and Casey, JJ., concur.
#### § 58.423 Cheese vacuumizing chamber.

The vacuum chamber shall be satisfactorily constructed and maintained so that the product is not contaminated with rust or flaking paint. An inner liner of stainless steel or other corrosion resistant material should be provided.
#### § 51.16 Postponing inspection service.

If the inspector has reason to believe that, because of latent defects due to climatic or other conditions, he is unable to determine the true quality or condition of the product, he shall postpone examination for such period as may, in his judgment, be reasonably necessary to enable him to determine its true quality or condition. Inspection shall also be postponed by the inspector, unless otherwise directed by the applicant, if in his judgment examination of the product when exposed to low temperatures may result in damage to the product.
#### § 51.2131 Fairly uniform in size.

*Fairly uniform in size* means that, in a representative sample, the weight of 10 percent, by count, of the largest whole kernels shall not exceed 1.70 times the weight of 10 percent, by count, of the smallest whole kernels.
#### § 52.82 Basis of survey and plant inspection.

The plant survey and inspection will be based on the Regulations issued under the Federal Food, Drug, and Cosmetic Act—Human Foods; Good Manufacturing Practice (Sanitation) in Manufacture, Processing, Packing, or Holding (21 CFR part 110)—as may be modified or augmented by the Federal Food and Drug Administration, U.S. Department of Health, Education, and Welfare or the Administrator of the Agricultural Marketing Service.
Case 5:97-cv-00039-RH Document 19 Filed 04/13/99 Page 1 of 1
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                           1,260
<SECURITIES>                                         0
<RECEIVABLES>                                    8,640
<ALLOWANCES>                                         0
<INVENTORY>                                      1,348
<CURRENT-ASSETS>                                11,598
<PP&E>                                             162
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  13,952
<CURRENT-LIABILITIES>                            6,902
<BONDS>                                              0
<PREFERRED-MANDATORY>                            1,200
<PREFERRED>                                        750
<COMMON>                                            28
<OTHER-SE>                                       5,046
<TOTAL-LIABILITY-AND-EQUITY>                    13,952
<SALES>                                         12,206
<TOTAL-REVENUES>                                12,206
<CGS>                                           12,048
<TOTAL-COSTS>                                   12,788
<OTHER-EXPENSES>                                   325
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  48
<INCOME-PRETAX>                                    (258)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
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<CHANGES>                                            0
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<EPS-BASIC>                                     (.08)
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