alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion filed January 27, 2022



### In The 

# Eleventh Court of Appeals

______ _

___ No. 11

- 2 1

- 00 2 52

- C V

__________ SUSAN J. BOYER , Appellant
V.
SPRINGLEAF FINANCIAL SERVICES , INC. , Appellee

On Appeal from the 3 5 th District Court Brown County , Texas Trial Court Cause No. CV 1704122

M E M O R A N D U M O P I N I O N Appellant , Susan J. Boyer , filed a pro se notice of appeal in which s he stated
that s he wishe s to appeal from the trial court’s denial of her motion to re

- open or restore the case to the trial court’s active calendar . The documents on file in this court reflect that the trial court entered a final summary judgment on February 26, 2019, and an orde r of sale of the forfeited real property on April 23, 2019. Over two years later, on October 28, 2021, Appellant filed the motion to re

- open upon which she bases this appeal.2 Upon docketing this appeal , the clerk of this court wrote the parties and
inf ormed them that it did not appear that Appellant was attempting to appeal from a final, appealable order

. We requested that Ap pellant respond and show grounds to
continue th e appeal. We also informed Appellant that this appeal may be dismissed. Appellant has now filed in this court a notice to withdraw her appeal. Appellate courts may review only final judgments or interlocutory orders specifically made appealable by statute. See Lehmann v. Har

– Con Corp. , 39 S.W.3d 191, 195 (Tex. 2001). An order denying a motion for new trial is not a final judgment and is not independently appealable. State Office of Risk Mgmt. v. Berdan , 335 S.W.3d 421, 428 (Tex. App.

— Corpus Christi

– Edinburg 2011, pet. denied). Consequently , the time for filin g an appeal runs f rom the final judgment, not from
the denial of the motion for new trial. Allen v. State , No. 05

- 15

- 00557

- CV, 2015 WL 7769543, at *1 (Tex. App.

— Dallas Dec. 3, 2015, no pet.)

. Here , t he time for Appellant to perfect an appeal in this matter ran from the
date in 2019 that the trial court signed the final judgment in this case, not from the date that Appellant’s motion to re

- open was denied

. Appellant’s notice of appeal

was therefore due to be filed thirty days after the 2019 f inal judgment

. See T EX

. R.
A PP

. P. 26.1

. Appellant’ s 2021 notice of appeal was untimely

. See id. Absent a timely notice of appeal, this court is without jurisdiction to consider an appeal. Wilkins v. Methodist Health Care Sys. , 160 S.W.3d 559, 56 4 (Tex. 2005); Garza v.
Hibernia Nat’l Bank , 227 S.W.3d 233 , 233

– 34 (Tex. App.

— Houston [1st Dist.] 2007, no pet.)

. Because an order deny ing Appellant’s motion to re

- open is not a final judgment and is not independently appealable and because the notice o f appeal was filed over two years after the final judgment, we are without jurisdiction . Therefore,

we must dismiss the appeal

. See T EX

. R. A PP

. P. 42.3 (a)

.3 Accordingly, this appeal is dismissed for want of jurisdiction.

PER CURIAM

January 27, 2022
Panel consists of: Bailey, C. J. , Trott er , J., and W ill iams , J.
#### § 1201.1 What does this part do?

Except as otherwise provided in this part, the Department of Transportation adopts the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200). This part supersedes and repeals the requirements of the Department of Transportation Common Rules (49 CFR part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments and 49 CFR part 19—Uniform Administrative Requirements—Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations), except that grants and cooperative agreements executed prior to December 26, 2014 shall continue to be subject to 49 CFR parts 18 and 19 as in effect on the date of such grants or agreements. New parts with terminology specific to the Department of Transportation follow.
# C_2019067EN.01000201.xml

| 20.2.2019 | EN | Official Journal of the European Union | C 67/2 |
| --- | --- | --- | --- |

20.2.2019

EN

Official Journal of the European Union

C 67/2

---

COUNCIL DECISION

of 18 February 2019

appointing members and alternate members of the Advisory Committee on Freedom of Movement for Workers for Greece

(2019/C 67/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (1), and in particular Articles 23 and 24 thereof,

Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,

Whereas:

| (1) | By its Decisions of 28 September 2018 (2), of 15 October 2018 (3) and of 19 November 2018 (4), the Council appointed the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period from 25 September 2018 to 24 September 2020. |
| --- | --- |

(1)

By its Decisions of 28 September 2018 (2), of 15 October 2018 (3) and of 19 November 2018 (4), the Council appointed the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period from 25 September 2018 to 24 September 2020.

| (2) | The government of Greece has submitted nominations for several posts to be filled, |
| --- | --- |

(2)

The government of Greece has submitted nominations for several posts to be filled,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period ending on 24 September 2020:

I.   GOVERNMENT REPRESENTATIVES

| Country | Members | Alternates |
| --- | --- | --- |
| Greece | Mr Georgios NERANTZIS
  Ms Maria-Eirini MOUNTAKI | Ms Panagiota STAMATIOU |

Country

Members

Alternates

Greece

Mr Georgios NERANTZIS

Ms Maria-Eirini MOUNTAKI

Ms Panagiota STAMATIOU

Article 2

The members and alternate members not yet nominated will be appointed by the Council at a later date.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 18 February 2019.

For the Council

The President

N. BĂDĂLĂU

---

(1)  OJ L 141, 27.5.2011, p. 1.

1

(2)  Council Decision of 28 September 2018 appointing the members and alternate members of the Advisory Committee on Freedom of Movement for Workers (OJ C 366, 10.10.2018, p. 3).

2

(3)  Council Decision of 15 October 2018 appointing members and alternate members of the Advisory Committee on Freedom of Movement for Workers for Portugal (OJ C 376, 18.10.2018, p. 9).

3

(4)  Council Decision of 19 November 2018 appointing members and alternate members of the Advisory Committee on Freedom of Movement for Workers for Italy (OJ C 421, 21.11.2018, p. 7).

4

---
#### § 20.47 Situations in which confidentiality is uncertain.

In situations where the confidentiality of data or information is uncertain and there is a request for public disclosure, the Food and Drug Administration will consult with the person who has submitted or divulged the data or information or who would be affected by disclosure before determining whether or not such data or information is available for public disclosure.

[42 FR 15616, Mar. 22, 1977. Redesignated at 68 FR 25286, May 12, 2003]
### UNPUBLISHED



# UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT



#  U NITED S TATES OF A MERICA ,

Plaintiff-Appellee,

v. No. 01-4807



# 

D AMEION F ARRAR Y OUNG ,

Defendant-Appellant. 

# 
Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Richard L. Voorhees, District Judge.

(CR-00-42) Submitted: July 18, 2002 Decided: July 25, 2002 Before WIDENER, LUTTIG, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

COUNSEL Amy E. Ray, Asheville, North Carolina, for Appellant. Gretchen C.F.Shappert, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).OPINION
PER CURIAM: Dameion Farrar Young appeals from the 108-month sentence imposed upon his guilty plea to conspiracy to possess with intent to distribute, and possession with intent to distribute, crack cocaine, 21 U.S.C.A. §§ 841, 846(a)(1) (West 1999). At sentencing, the districtcourt reduced Young’s offense level by two levels based on its finding that he had a minor role in the offense. U.S. Sentencing Guidelines Manual , § 3B1.2(b) (2000). On appeal, Young claims that the district court erred in denying him an additional two-level reduction for having a minimal role in the offense. See USSG § 3B1.2(a). The sentencing court’s determination of a defendant’s role in the offense is reviewed for clear error. United States v. Love , 134 F.3d595, 606 (4th Cir. 1998). A defendant has a minimal role in a concerted criminal activity if he is among the least culpable of those involved in the conduct of the group. USSG § 3B1.2, comment. (n.1). A minimal role is indicated by a "defendant’s lack of knowledge or understanding of the scope and structure of the enterprise and of the activities of others . . . ." ( Id. ). The defendant has the burden of showing by a preponderance of the evidence that he is entitled to a mitigating role adjustment. United States v. Akinkoye , 185 F.3d 192, 202 (4th Cir. 1999). The evidence presented to the district court established that Young lived with one of the leaders of the conspiracy, who would sometimes pay his bets with Young in crack cocaine, which Young would, in turn, sell to crack addicts. This court has held that a defendant who sells drugs is not entitled to a mitigating role adjustment. United States v. Brooks , 957 F.2d 1138, 1149 (4th Cir. 1992). Therefore, the district court did not clearly err in failing to find that Young had a minimal role. Accordingly, we affirm Young’s sentence. We dispensewith oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED 2 U NITED S TATES v. Y OUNG
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   DEC-31-1999
<CASH>                                         1,129
<SECURITIES>                                   0
<RECEIVABLES>                                  54
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               1,183
<PP&E>                                         29,526
<DEPRECIATION>                                 (3,107)
<TOTAL-ASSETS>                                 30,570
<CURRENT-LIABILITIES>                          1,992
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       8,124
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   30,570
<SALES>                                        0
<TOTAL-REVENUES>                               3,636
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               2,948
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             2,661
<INCOME-PRETAX>                                (1,973)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (1,973)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (1,973)
<EPS-BASIC>                                    (1.22)
<EPS-DILUTED>                                  (1.22)



</TABLE>
<TABLE> <S> <C>

<ARTICLE>               5
<MULTIPLIER>            1,000
       
<S>                                            <C>
<PERIOD-TYPE>                                  3-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-END>                                   JUN-29-1997
<CASH>                                          10,057
<SECURITIES>                                         7
<RECEIVABLES>                                   10,525
<ALLOWANCES>                                      (819)
<INVENTORY>                                      9,364
<CURRENT-ASSETS>                                30,094
<PP&E>                                          44,209
<DEPRECIATION>                                 (22,255)
<TOTAL-ASSETS>                                  53,536
<CURRENT-LIABILITIES>                            7,803
<BONDS>                                              0
<COMMON>                                             8
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      34,329
<TOTAL-LIABILITY-AND-EQUITY>                    53,536
<SALES>                                         12,595
<TOTAL-REVENUES>                                11,684
<CGS>                                            7,979
<TOTAL-COSTS>                                   11,090
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 (48)
<INCOME-PRETAX>                                    642
<INCOME-TAX>                                        40
<INCOME-CONTINUING>                                602
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       602
<EPS-PRIMARY>                                     0.08
<EPS-DILUTED>                                     0.08
        

</TABLE>
###### Editorial Note on Part 172

#### Editorial Note:

Nomenclature changes to part 172 appear at 61 FR 14482, Apr. 2, 1996; 66 FR 56035, Nov. 6, 2001; 66 FR 66742, Dec. 27, 2001; 68 FR 15355, Mar. 31, 2003; 70 FR 40880, July 15, 2005; 70 FR 67651, Nov. 8, 2005; 70 FR 72074, Dec. 1, 2005; and 81 FR 49896, July 29, 2016.

#### § 172.811 Glyceryl tristearate.

The food additive glyceryl tristearate may be safely used in food in accordance with the following prescribed conditions:

(a) The food additive (CAS Reg. No. 555-43-1) is prepared by reacting stearic acid with glycerol in the presence of a suitable catalyst.

(b) The food additive meets the following specifications:

Acid number: Not to exceed 1.0.

Iodine number: Not to exceed 1.0.

Saponification number: 186-192.

Hydroxyl number: Not to exceed 5.0.

Free glycerol content: Not to exceed 0.5 percent.

Unsaponifiable matter: Not to exceed 0.5 percent.

Melting point (Class II): 69 °C-73 °C.

(c) The additive is used or intended for use as follows when standards of identity established under section 401 of the Act do not preclude such use:

| Uses | Limitations |
| --- | --- |
| 1. As a crystallization accelerator in cocoa products, in imitation chocolate, and in compound coatings | Not to exceed 1 percent of the combined weight of the formulation. |
| 2. As a formulation aid as defined in § 170.3(o)(14) of this chapter, lubricant and release agent as defined in § 170.3(o)(18) of this chapter, and surface-finishing agent as defined in § 170.3(o)(30) of this chapter in food | Not to exceed 0.5 percent. |
| 3. As a formulation aid as defined in § 170.3(o)(14) of this chapter in confections | Not to exceed 3.0 percent of the combined weight of the formulation. |
| 4. As a formulation aid as defined in § 170.3(o)(14) of this chapter in fats and oils as defined in § 170.3 (n)(12) of this chapter | Not to exceed 1.0 percent of the combined weight of the formulation. |
| 5. As a winterization and fractionation aid in fat and oil processing | Not to exceed 0.5 percent by weight of the processed fat or oil. |

(d) To assure safe use of the additive:

(1) In addition to the other information required by the act, the label or labeling of the additive shall bear the name of the additive.

(2) The label of the additive shall bear adequate directions to provide a final product that complies with the limitations prescribed in paragraph (c) of this section.

[53 FR 21632, June 9, 1988, as amended at 59 FR 24924, May 13, 1994]
Exhibit 32.2

                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350


         In connection with the accompanying amended Quarterly Report on Form
10-QSB of Velocity Asset Management, Inc. for the three months ended September
30, 2004, I, James J. Mastriani, Chief Financial Officer of Velocity Asset
Management, Inc., do hereby certify pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

                  (1) such amended Quarterly Report on Form 10-QSB for the three
months ended September 30, 2004, fully complies with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934; and

                  (2) the information contained in such amended Quarterly Report
on Form 10-QSB for the three months ended September 30, 2004, fairly presents,
in all material respects, the financial condition and results of operations of
Velocity Asset Management, Inc.


                                        /s/ JAMES J. MASTRIANI
                                        ------------------------------------
                                        James J. Mastriani
                                        Chief Financial Officer

                August 10, 2005


                                       28
##### 



Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF
THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. § 1350, as adopted pursuant to §906 of the Sarbanes-Oxley
Act of 2002, I, David H. Thompson, Chief Financial Officer, certify that:

1.     I have read this quarterly report on Form 10-QSB of International
Absorbents, Inc.;

2.     To my knowledge, this report fully complies with the requirements of
section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

3.     To my knowledge, the information in this report fairly presents, in all
material respects, the financial condition and results of operations as of July
31, 2003.

Date: September 10, 2003



| | /s/ David H. Thompson
David H. Thompson
Chief Financial Officer
| | ---------------------------------------------------------------

Assigned original of this written statement required by section 906 has been
provided to International Absorbents Inc. and will be retained by International
Absorbents Inc. and furnished to the Securities and Exchange Commission or its
staff upon request. This certification is accompanying the Form 10-QSB solely
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and is not being
filed as part of the Form 10-QSB or as a separate disclosure document.

Unaudited (all amounts in U.S. dollars except where otherwise noted). The
accompanying notes are an integral part of these consolidated financial
statements.

27
[No. 15642-7-III.

Division Three.

December 9, 1997.]

#### The State of Washington, *Respondent,*v. Desirae Cunningham, *Appellant.*

Appeal from a judgment of the Superior Court for Chelan County, No. 96-8-00080-5, Bart Vandegrift, J. Pro Tern., entered March 26, 1996. *Affirmed*by unpublished opinion per Kato, J., concurred in by Kurtz and Brown, JJ.
### Water resources in the vicinity of municipalities on the west-central Mesabi Iron Range, northeastern Minnesota

By: R. D. CotterH. L. YoungL. R. PetriC. H. Prior

                            https://doi.org/10.3133/wsp1759C

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plate:  **Plate 1**                            (pdf)
- Superseded Publications:
                                        Water resources in the vicinity of municipalities on the West-Central Mesabi Iron Range, northeastern Minnesota(1963)                                    

- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Additional supplies of water are available near the municipalities or the west-central Mesabi Iron Range. The largest sources are the ground-water aquifers in the Biwabik Iron-Formation and the stratified glacial drift. Areas of stratified drift that probably have good water potential have been outlined. Surface-water supplies are negligible in the eastern part of this area but increase toward the west. Flow records from one gaging station, results of discharge measurements at two miscellaneous sites, and data from many wells and test holes are presented.

Most of the ground water is hard and has a high concentration of iron and manganese. The surface water generally has a high concentration of. iron and is colored. Analyses of water from many sources are .shown.

#### Study Area

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
§ 20.110 Data and information about Food and Drug Administration employees. ( a ) The name, title, grade, position description, salary, work address, and work telephone number for every Food and Drug Administration employee are available for public disclosure. The home address and home telephone number of any such employee are not available for public disclosure.
( b ) Statistics on the prior employment experience of present agency employees, and subsequent employment of past agency employees, are available for public disclosure.