alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT July Term 2014

DAYNA BOLERA
, Appellant,

v.

JOHN PAPA
, ROYA L PALM MEDICAL, INC.

, PT CENTERS OF FLORIDA, INC. , a Florida corporation,

and LAJT, LTD
, a Nevada corporation,

Appellee s

.

No. 4D 12

- 4300

[July 9, 2014 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; John Kastrenakes , Judge; L.T. Case No s

. 2009CA012909XXXXMBAB and 2009CA010003XXXMBAB.

Peter J. Malecki of C. Brooks Ricca, Jr. & Associates, P.A., West Palm Beach, for appellant.

Elliot B. Kula, Daniel M. Samson, W. Aaron Daniel of Kula & Samson, LLP, Aventura, and Jared A. Levy of Dimond

, Kaplan & Rothstein, P.A., West Palm Beach, for appellees John Papa and Royal Palm Beach Medical,

Inc.

P ER C URIAM

.

Appellant, Dayna Bolera, appeal s the trial court’s order granting

a ppellees Dr. John Papa and Royal Palm Beach Medical, Inc. ’s (“RPBM”)

verified motion to strike appellant’s pleadings for fraud upon the court.

T he trial court ’s order struck, with prejudice, the third amended complaint

of appellant and PT Centers of Florida, Inc. (“PTC”) 1

, as well as appellant’ s answer and affirmative defenses to appellees’ complaint. T he court also entered judgment on liability against appellant but ordered a future trial on damages to take place

.

1 PTC did not file a notice of appeal or a notice of joinder. Thus, pursuant to Florida Rules of Appellate Procedure 9.020 and 9.360, PTC is an appellee

.2

The portion s of the order striking appellant ’ s answer and affirmative

defenses and entering judgment only on liability are non

- final and non

appealable. See, e.g.

, Walter T. Embry, Inc. v. Lasalle Nat ’l Bank , 868 So.

2d 661 , 662 (Fla. 4th DCA 2004) ; Sterile Products Corp. v. Jones , 702 So. 2d 628 (Fla. 5th DCA 1997); Brannon v. Johnston , 83 So. 2d 779 (Fla. 1955)

. We decline to address the merits of these portions of the order.

This court reviews an order dismissing a complaint for fraud upon the

court under a narrowed abuse of discretion standard

. Herman v. Intracoastal Cardiology Ctr. , 121 So. 3d 583, 588 (Fla. 4th DCA 2013)

.

“ The standard of appellate review of a ‘ clear and convincing finding ’ [ by the

trial court of fraud upon the court] is whether the finding is supported by competent, substantial evidence. ” Id. (citation omitted).

The multi ple exhibits attached to the trial court’s order provide competent, substantial evidence to support the court’s findings that appellant committed a fraud upon the court

. I t cannot be said that the court abused its discretion in striking the third amended c omplain t. Thus,

we affirm the portion of the order striking the complaint

.

Affirmed.

L EVINE
, C ONNER

, and K LINGENSMITH

, JJ ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
I 

118TH CONGRESS 

2D SESSION H. R. 7383 

To amend the Federal Food, Drug, and Cosmetic Act to set forth limitations 

on exclusive approval or licensure of drugs designated for rare diseases 

or conditions. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2024 

Ms. MATSUI (for herself and Mr. BILIRAKIS) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Federal Food, Drug, and Cosmetic Act to 

set forth limitations on exclusive approval or licensure 

of drugs designated for rare diseases or conditions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Retaining Access and 

5 Restoring Exclusivity Act’’ or the ‘‘RARE Act’’. 

6 SEC. 2. LIMITATIONS ON EXCLUSIVE APPROVAL OR LICEN7 SURE OF ORPHAN DRUGS. 

8 (a) IN GENERAL.—Section 527 of the Federal Food, 

9 Drug, and Cosmetic Act (21 U.S.C. 360cc) is amended— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 7383 IH

1 (1) in subsection (a), in the matter following 

2 paragraph (2), by striking ‘‘same disease or condi3 tion’’ and inserting ‘‘same approved use or indica4 tion within such rare disease or condition’’; 

5 (2) in subsection (b)— 

6 (A) in the matter preceding paragraph (1), 

7 by striking ‘‘same rare disease or condition’’ 

8 and inserting ‘‘same approved use or indication 

9 for which such 7-year period applies to such al10 ready approved or licensed drug’’; and 

11 (B) in paragraph (1), by inserting ‘‘, relat12 ing to the approved use or indication,’’ after 

13 ‘‘the needs’’; 

14 (3) in subsection (c)(1), by striking ‘‘same rare 

15 disease or condition as the already approved drug’’ 

16 and inserting ‘‘same use or indication for which the 

17 already approved or licensed drug was approved or 

18 licensed’’; and 

19 (4) by adding at the end the following: 

20 ‘‘(f) APPROVED USE OR INDICATION DEFINED.—In 

21 this section, the term ‘approved use or indication’ means 

22 the use or indication approved under section 505 of this 

23 Act or licensed under section 351 of the Public Health 

24 Service Act for a drug designated under section 526 for 

25 a rare disease or condition.’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 7383 IH

1 (b) APPLICATION OF AMENDMENTS.—The amend2 ments made by subsection (a) shall apply with respect to 

3 any drug designated under section 526 of the Federal 

4 Food, Drug, and Cosmetic Act (21 U.S.C. 360bb), regard5 less of the date on which the drug was so designated, and 

6 regardless of the date on which the drug was approved 

7 under section 505 of such Act (21 U.S.C. 355) or licensed 

8 under section 351 of the Public Health Service Act (42 

9 U.S.C. 262). 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
<PAGE>   1
 
                                                                      EXHIBIT 21
 
     Subsidiaries of the Registrant:
 
<TABLE>
<S>                                        <C>
Bell Electronics Corp. (California)         (*)
Bell Industries, Inc. (Minnesota)
J. W. Miller Company (California)           (*)
Industrial Photographic Supply, Inc.
  (Texas)
Milgray Electronics, Inc. (New York)        (1)
Milgray Electronics/P.R., Inc. (Delaware)   (1)
Milgray International, Inc. (New York)      (1)
Milgray LTD (New York)                      (1)
Milgray/Toronto, Inc. (Ontario, Canada)     (1)
Viewtek, Inc. (New York)                    (1)
Bell Ontario Holding, Inc. (California)
</TABLE>
 
     All companies listed are considered wholly owned by the Registrant (Bell
Industries, Inc. of California) or one of its wholly owned subsidiaries and are
included in the consolidated financial statements except for Milgray
Electronics, Inc., and its wholly owned subsidiaries which were acquired by the
Registrant in January 1997.
---------------
 
(*) Inactive.
 
(1) Acquired with Milgray Electronics, Inc.
WAKIL L. GORDON

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 14

- 1133

________ _____________________/

Opinion filed October 6, 2014.

An appeal from the Circuit Court for Duval County

. Tatiana Salvador , Judge

.

Wakil L. Gordon, pro se , for Appellant.

Pamela Jo Bondi, Attorney General, and Heather Flanagan Ross, Assistant

Attorney G eneral, Tallahassee , for Appellee.

PER CURIAM.

AFFIRMED.

VAN NORTWICK

, WETHERELL

, and MAKAR

, J J

. , CONCUR.
Order filed, April 3, 2013

.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 13

- 00093

- CV

____________ REBECCA ANN BURGIN , Appellant

V.

JAMES BRENT BURGIN , Appellee

On Appeal from the 434th Judicial District Court

Fort Bend County , Texas Trial Court Cause No. 06

- DCV

- 152401



### ORDER
The reporter’s record in this case was due March 25, 2013

. See Tex. R. App. P. 35.1. The court has not received a request to extend time for filing the
record. The record has not been filed with the c ourt. Because the reporter’s record has not been filed timely, we issue the following order.

We order Karen Woolsey , the official court reporter, to file the record in this appeal within 30 days of the date of this order

. PER CURIAM
Editorial Note on Part 130
Editorial Note: Nomenclature changes to part 130 appear at 81 FR 49896, July 29, 2016.

§ 130.6 Review of Codex Alimentarius food standards. ( a ) All food standards adopted by the Codex Alimentarius Commission will be reviewed by the Food and Drug Administration and will be accepted without change, accepted with change, or not accepted.
( b ) Review of Codex standards will be accomplished in one of the following three ways: ( 1 ) Any interested person may petition the Commissioner to adopt a Codex standard, with or without change, by proposing a new standard or an appropriate amendment of an existing standard, pursuant to section 401 of the act. Any such petition shall specify any deviations from the Codex standard, and the reasons for any such deviations. The Commissioner shall publish such a petition in the Federal Register as a proposal, with an opportunity for comment, if reasonable grounds are provided in the petition. Any published proposal shall state any deviations from the Codex standard and the stated reasons therefor.
( 2 ) The Commissioner may on his own initiative propose by publication in the Federal Register the adoption of a Codex standard, with or without change, through a new standard or an appropriate amendment to an existing standard, pursuant to section 401 of the act. Any such proposal shall specify any deviations from the Codex standard, and the reasons for any such deviations.
( 3 ) Any Codex standard not handled under paragraph (b) (1) or (2) of this section may be published in the Federal Register for review and informal comment. Interested persons shall be requested to comment on the desirability and need for the standard, on the specific provisions of the standard, on additional or different provisions that should be included in the standard, and on any other pertinent points. After reviewing all such comments, the Commissioner either shall publish a proposal to establish a food standard pursuant to section 401 of the act covering the food involved, or shall publish a notice terminating consideration of such a standard.
( c ) All interested persons are encouraged to confer with different interest groups (consumers, industry, the academic community, professional organizations, and others) in formulating petitions or comments pursuant to paragraph (b) of this section. All such petitions or comments are requested to include a statement of any meetings and discussions that have been held with other interest groups. Appropriate weight will be given by the Commissioner to petitions or comments that reflect a consensus of different interest groups.
§ 507.39 Preventive control management components. ( a ) Except as provided by paragraphs (b) and (c) of this section, the preventive controls required under § 507.34 are subject to the following preventive control management components as appropriate to ensure the effectiveness of the preventive controls, taking into account the nature of the preventive control and its role in the facility's food safety system: ( 1 ) Monitoring in accordance with § 507.40;
( 2 ) Corrective actions and corrections in accordance with § 507.42; and
( 3 ) Verification in accordance with § 507.45.
( b ) The supply-chain program established in subpart E of this part is subject to the following preventive control management components as appropriate to ensure the effectiveness of the supply-chain program, taking into account the nature of the hazard controlled before receipt of the raw material or other ingredient: ( 1 ) Corrective actions and corrections in accordance with § 507.42, taking into account the nature of any supplier non-conformance;
( 2 ) Review of records in accordance with § 507.49(a)(4)(ii); and
( 3 ) Reanalysis in accordance with § 507.50.
( c ) The recall plan established in § 507.38 is not subject to the requirements of paragraph (a) of this section.
# L_2018231EN.01001901.xml

| 14.9.2018 | EN | Official Journal of the European Union | L 231/19 |
| --- | --- | --- | --- |

14.9.2018

EN

Official Journal of the European Union

L 231/19

---

COMMISSION IMPLEMENTING REGULATION (EU) 2018/1235

of 12 September 2018

entering a name in the register of protected designations of origin and protected geographical indications ‘Αγκινάρα Ιρίων’ (Agkinara Irion) (PGI)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

| (1) | Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Greece's application to register the name ‘Αγκινάρα Ιρίων’ (Agkinara Irion) was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Greece's application to register the name ‘Αγκινάρα Ιρίων’ (Agkinara Irion) was published in the Official Journal of the European Union (2).

| (2) | As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Αγκινάρα Ιρίων’ (Agkinara Irion) should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Αγκινάρα Ιρίων’ (Agkinara Irion) should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Αγκινάρα Ιρίων’ (Agkinara Irion) (PGI) is hereby entered in the register.

The name specified in the first paragraph denotes a product in Class 1.6. – Fruit, vegetables and cereals, fresh or processed, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 September 2018.

For the Commission,

On behalf of the President,

Phil HOGAN

Member of the Commission

---

(1)  
  OJ L 343, 14.12.2012, p. 1.

1

(2)  
  OJ C 53, 13.2.2018, p. 7.

2

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).

3

---
§ 520.88h Amoxicillin trihydrate and clavulanate potassium for oral suspension. ( a ) *Specifications.* When constituted, each milliliter (mL) of suspension contains amoxicillin trihydrate equivalent to 50 milligrams (mg) amoxicillin and clavulanate potassium equivalent to 12.5 mg clavulanic acid.
( b ) *Sponsors.* See Nos. 017033, 054771, and 069043 in § 510.600(c) of this chapter.
( c ) *Conditions of use* — ( 1 ) *Dogs* — ( i ) *Amount.* 6.25 mg/lb (1 mL/10 lb of body weight) twice a day. Skin and soft tissue infections such as abscesses, cellulitis, wounds, superficial/juvenile pyoderma, and periodontal infections should be treated for 5 to 7 days or for 48 hours after all signs have subsided. If no response is seen after 5 days of treatment, therapy should be discontinued and the case reevaluated. Deep pyoderma may require treatment for 21 days; the maximum duration of treatment should not exceed 30 days.
( ii ) *Indications for use.* Treatment of skin and soft tissue infections such as wounds, abscesses, cellulitis, superficial/juvenile and deep pyoderma due to susceptible strains of the following organisms: Beta-lactamase-producing *Staphylococcus aureus,* non-beta-lactamase-producing *Staphylococcus aureus, Staphylococcus* spp., *Streptococcus* spp., and *Escherichia coli.* Treatment of periodontal infections due to susceptible strains of both aerobic and anaerobic bacteria.
( iii ) *Limitations.* Federal law restricts this drug to use by or on the order of a licensed veterinarian.
( 2 ) *Cats* — ( i ) *Amount.* 62.5 mg (1 mL) twice daily. Skin and soft tissue infections such as abscesses and cellulitis/dermatitis should be treated for 5 to 7 days or 48 hours after all symptoms have subsided, not to exceed 30 days. If no response is seen after 3 days of treatment, therapy should be discontinued and the case reevaluated. Urinary tract infections may require treatment for 10 to 14 days or longer. The maximum duration of treatment should not exceed 30 days.
( ii ) *Indications for use.* Treatment of skin and soft tissue infections, such as wounds, abscesses, and cellulitis/dermatitis due to susceptible strains of the following organisms: Beta-lactamase-producing *Staphylococcus aureus,* non-beta-lactamase-producing *Staphylococcus aureus, Staphylococcus* spp., *Streptococcus* spp., *Escherichia coli, Pasteurella multocida,* and *Pasteurella* spp. Urinary tract infections (cystitis) due to susceptible strains of *E. coli.*
( iii ) *Limitations.* Federal law restricts this drug to use by or on the order of a licensed veterinarian.
[87 FR 17944, Mar. 29, 2022]
[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Notices]
[Page 9252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4055]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNM910000 L18200000.XG0000]


Notice of Relocation/Change of Street Address for New Mexico 
State Office

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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

SUMMARY: The Bureau of Land Management, New Mexico State Office located 
at 1474 Rodeo Road, Santa Fe, New Mexico has relocated to 301 Dinosaur 
Trail, Santa Fe, New Mexico.

DATES: Effective Date: November 2, 2009.

SUPPLEMENTARY INFORMATION: The office at 1474 Rodeo Road remained open 
during the move which took place starting on October 26 through 
November 6, 2009. The mailing address remains the same (P.O. Box 27115, 
Santa Fe, New Mexico 87502-0115). The main office telephone number has 
changed to (505) 954-2000.

FOR FURTHER INFORMATION CONTACT: Rosemary Herrell, Branch Chief, 
Support Services, at (505) 438-7625, BLM New Mexico State Office, P.O. 
Box 27115, Santa Fe, New Mexico 87502-0115.

Linda S.C. Rundell,
State Director.
[FR Doc. 2010-4055 Filed 2-26-10; 8:45 am]
BILLING CODE 4310-FB-P
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE GULFWEST
OIL COMPANY'S QUARTERLY REPORT FILED ON FORM 10-Q FOR THE QUARTER ENDED
SEPTEMBER 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                         0000813779
<NAME>                        0
<MULTIPLIER>                  1
<CURRENCY>                    0

<S>                           <C>
<PERIOD-TYPE>                 9-mos
<FISCAL-YEAR-END>             DEC-31-1998
<PERIOD-START>                JAN-01-1999
<PERIOD-END>                  SEP-30-1999
<EXCHANGE-RATE>               1
<CASH>                        442,561
<SECURITIES>                  0
<RECEIVABLES>                 1,948,233
<ALLOWANCES>                  0
<INVENTORY>                   9,513
<CURRENT-ASSETS>              2,505,137
<PP&E>                        10,581,438
<DEPRECIATION>                2,705,422
<TOTAL-ASSETS>                10,600,269
<CURRENT-LIABILITIES>         8,437,994
<BONDS>                       0
<PREFERRED-MANDATORY>         0
<PREFERRED>                   21
<COMMON>                      14,775
<OTHER-SE>                    357,627
<TOTAL-LIABILITY-AND-EQUITY>  10,600,269
<SALES>                       1,435,373
<TOTAL-REVENUES>              1,530,116
<CGS>                         0
<TOTAL-COSTS>                 2,871,040
<OTHER-EXPENSES>              0
<LOSS-PROVISION>              0
<INTEREST-EXPENSE>            650,979
<INCOME-PRETAX>               (1,942,280)
<INCOME-TAX>                  0
<INCOME-CONTINUING>           (1,942,280)
<DISCONTINUED>                0
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<CHANGES>                     0
<NET-INCOME>                  (1,942,280)
<EPS-BASIC>                 (.42)
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</TABLE>
Exhibit 23

Consent of Independent Registered Public Accounting Firm

The
Board of Directors
Ballantyne of Omaha, Inc.:

We
consent to the incorporation by reference in the registration statements on Forms S-8, (File Nos. 333 03849, 333 116739 and 333-139177) of Ballantyne of
Omaha, Inc. of our reports dated April 1, 2008, with respect to the consolidated balance sheets of Ballantyne of Omaha, Inc. and subsidiaries as of December 31, 2007 and
2006, and the related consolidated statements of operations, stockholders' equity, and cash flows for each of the years in the three year period ended December 31, 2007, and the related
financial statement schedule II, and the effectiveness of internal control over financial reporting as of December 31, 2007, which reports appear in the December 31, 2007, annual
report on Form 10-K of Ballantyne of Omaha, Inc.

Our
report dated April 1, 2008, on the effectiveness of internal control over financial reporting as of December 31, 2007, contains an explanatory paragraph that states
Ballantyne of Omaha, Inc. acquired Marcel Desrochers, Inc. during 2007, and management excluded from its assessment of the effectiveness of Ballantyne of Omaha, Inc.'s internal
control over financial reporting as of December 31, 2007, Marcel Desrochers, Inc's. internal control over financial reporting associated with total assets of $5.8 million and
total revenues of $1.0 million included in the consolidated financial statements of Ballantyne of Omaha, Inc. and subsidiaries as of and for the year ended December 31, 2007. Our
audit of internal control over financial reporting of Ballantyne of Omaha, Inc. also excluded an evaluation of the internal control over financial reporting of the Marcel
Desrochers, Inc.

Our
report dated April 1, 2008, on the consolidated balance sheets of Ballantyne of Omaha, Inc. and subsidiaries as of December 31, 2007 and 2006, and the related
consolidated statements of operations, stockholders' equity, and cash flows for each of the years in the three-year period ended December 31, 2007, and the related financial statement
schedule II refers to the Company's adoption of the fair value
method of accounting for stock-based compensation as required by Statement of Financial Accounting Standards No. 123(R),Share-Based Paymenton
January 1, 2006 and the adoption of the recognition and disclosure provisions of Statement of Financial Accounting Standards No. 158,Employer's Accounting for
Defined Benefit Pension and Other Postretirement Plans, as of December 31, 2006.

/s/
KPMG LLP

Omaha,
Nebraska
April 1, 2008

---



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