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Home                 > Browse by Title > Cash Discount Act

              														Cash Discount Act, July 27, 1981.						https://fraser.stlouisfed.org/title/5566,			accessed on September 26, 2024.						    

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# C_2014329EN.01000301.xml

| 22.9.2014 | EN | Official Journal of the European Union | C 329/3 |
| --- | --- | --- | --- |

22.9.2014

EN

Official Journal of the European Union

C 329/3

---

Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 2 July 2014 — Marchon Germany GmbH v Yvonne Karaszkiewicz

(Case C-315/14)

2014/C 329/04

Language of the case: German

Referring court

Referring court

Bundesgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Defendant and appellant: Marchon Germany GmbH

Defendant and appellant:

Applicant and respondent: Yvonne Karaszkiewicz

Applicant and respondent:

Question referred

Question referred

Must the first indent of Article 17(2)(a) [of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents] (1) be interpreted as precluding the application of a national provision under which ‘new customers’ can also be customers acquired by the commercial agent who have already maintained business relations with the principal for products sold by him from a range of products but not for products whose sole representation the principal has entrusted to the agent?

1

---

(1)  OJ 1986 L 382, p. 17.

1

---
Third District Court of Appeal

State of Florida 

Opinion filed June 19, 2024.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1423

Lower Tribunal No. 19-32341 SP

________________

Echcho Maria Hart,

Appellant,

vs.

Dade County Federal Credit Union,

Appellee.

An Appeal from the County Court for Miami-Dade County, Miesha S. 

Darrough, Judge.

Shrouder, Karns & Mager, P.A., and Larry A. Karns (Cooper City), for 

appellant.

Dunn Law, P.A., and Jerrod M. Maddox, for appellee.

Before FERNANDEZ, LINDSEY, and LOBREE, JJ. 

PER CURIAM.
2

Appellant has not met her burden of providing this Court with an 

adequate record of the proceedings before the trial court. See Williams v. 

Jessica L. Kerr, P.A., 271 So. 3d 82, 83 (Fla. 3d DCA 2019) (“It is well 

established that the party seeking appellate review has the burden of 

providing the court with an adequate record of the proceedings in the lower 

tribunal.” (quoting Kass Shuler, P.A. v. Barchard, 120 So. 3d 165, 168 (Fla. 

2d DCA 2013))). This is abundantly clear as the record on appeal contains 

no transcript of the trial proceeding before the lower court. As this Court 

recently held in Williams: 

“An appellate court cannot reverse a decision in the 

absence of a sufficient record.” [Kass Shuler, 120 

So. 3d at 168] (emphasis omitted). This is because 

“[w]ithout a record of the trial proceedings, the 

appellate court can [not] properly resolve the 

underlying factual issues so as to conclude that the 

trial court’s judgment is not supported by the 

evidence or by an alternative theory.” Applegate v. 

Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 

(Fla. 1979). Thus, “when no transcript is provided, a 

judgment that is not fundamentally erroneous will be 

affirmed.” Arnold v. Whitley, Jr., 97 So. 3d 339 (Fla. 

5th DCA 2012). 

271 So. 3d at 83 (alternations in original) (footnote omitted).

“The most salient impediment to meaningful review of the trial court’s 

decision is not the absence of findings, but the absence of a transcript.” 

Esaw v. Esaw, 965 So. 2d 1261, 1264 (Fla. 2d DCA 2007). Indeed, an 
3

appellant’s failure to provide a proper record to the reviewing court “is 

‘usually fatal’ to the appellant's claims.” Id. at 1264-65 (quoting Casella v. 

Casella, 569 So. 2d 848, 849 (Fla. 4th DCA 1990)). “Without such a record, 

it will ordinarily be impossible for the appellant to establish that an asserted 

error is harmful.” Id. at 1265. Accordingly, we affirm.

Affirmed.
<PAGE>   1

                                                                      EXHIBIT 11

EARNINGS PER SHARE

The computation of basic and diluted earnings per share is as follows:
(In thousands, except per share data)



<TABLE>
<CAPTION>

                                  Three Months Ended     Nine Months Ended 
                                        June 30,              June 30,
                                  ------------------     ----------------- 
                                      1998      1997        1998      1997
                                      ----      ----        ----      ----
<S>                                 <C>         <C>         <C>         <C>   

Weighted average shares
outstanding                         11,743      11,628      11,702      11,625


Add equivalent shares for
stock options (a)                    1,839       1,561       1,759       1,512
                                   -------     -------     -------     -------

Average shares outstanding for
computation of earnings per
share                               13,582      13,189      13,461      13,137
                                   =======     =======     =======     =======



Net Income                         $ 9,170     $ 6,404     $11,257     $ 9,926
                                   =======     =======     =======     =======




EARNINGS PER SHARE:

Basic                              $   .78     $   .55     $   .96     $   .85
                                   =======     =======     =======     =======

Diluted                            $   .68     $   .49     $   .84     $   .76
                                   =======     =======     =======     =======


</TABLE>




(a) Computed under the "Treasury Stock Method" using the average market price
    for the respective period.
EXHIBIT 99.1:  CERTIFICATIONS PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT
               OF 2002

     In connection with the filing of the Quarterly Report on form 10-QSB for
     the Quarter Ended March 31, 2003 (the "Report") by Youbet.com, Inc., each
     of the undersigned hereby certifies that:

     1.   The Report complies in all material respects 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 financial condition and results of the
          operations of Registrant.

               May 15, 2003    By:  /s/ CHARLES F. CHAMPION
                                        -------------------
                                        Charles F. Champion
                                        President and Chief Executive Officer

               May 15, 2003    By:  /s/ GARY SPROULE
                                        ------------
                                        Gary Sproule
                                        Chief Financial Officer

                                       27
# C_2016118EN.01002302.xml

| 4.4.2016 | EN | Official Journal of the European Union | C 118/23 |
| --- | --- | --- | --- |

4.4.2016

EN

Official Journal of the European Union

C 118/23

---

Judgment of the General Court of 26 February 2016 — Mederer GmbH v OHIM — Cadbury Netherlands International Holdings (Gummi Bear-Rings)

(Case T-210/14) (1)

1

((Community trade mark - Opposition proceedings - International registration designating the European Community - Figurative mark Gummi Bear-Rings - Earlier national figurative mark GUMMY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 118/24)

Language of the case: English

Parties

Parties

Applicant: Mederer GmbH (Fürth, Germany) (represented by: C. Sachs and O. Ruhl, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar and H. Kunz, acting as Agents)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Cadbury Netherlands International Holdings BV (Breda, Netherlands) (represented by: A. Padial Martinez, lawyer)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court:

Re:

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 16 December (Case R 225/2013-5), concerning opposition proceedings between Cadbury Netherlands International Holdings B V and Mederer GmbH.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Mederer GmbH to pay the costs. |
| --- | --- |

2.

Orders Mederer GmbH to pay the costs.

---

(1)  OJ C 245, 28.7.2014.

1

---
<PAGE>   1
                                                                    Exhibit 23.2


                       Consent of Independent Auditors


We consent to the incorporation by reference in the Registration Statement
(Form S-8) pertaining to the Employee Stock Purchase Plan; Fourth Amended and
Restated Employees Stock Option Plan, of our report dated March 16, 1999, with
respect to the consolidated financial statements of The Ackerley Group, Inc.
included in its Annual Report (Form 10-K) for the year ended December 31, 1998,
filed with the Securities and Exchange Commission.

                                                Ernst & Young LLP

Seattle, Washington
December 22, 1999
<PAGE>   1



                                                                      EXHIBIT 13

INDEPENDENT PUBLIC ACCOUNTANTS' REVIEW REPORT

To the Board of Directors of
Essef Corporation
Chardon, Ohio

We have reviewed the accompanying condensed consolidated balance sheet of Essef
Corporation and Subsidiaries (the "Company) as of March 31, 1997, and the
related condensed consolidated statements of operations for the three-month and
six-month periods ended March 31, 1997 and 1996 and the related condensed
consolidated statements of cash flows for the six-month periods ended March 31,
1997 and 1996. These financial statements are the responsibility of the
Company's management.

We conducted our reviews in accordance with standards established by the
American Institute of Certified Public Accountants. A review of interim
financial information consists principally of applying analytical procedures to
financial data and making inquiries of persons responsible for financial and
accounting matters. It is substantially less in scope than an audit conducted in
accordance with generally accepted auditing standards, the objective of which is
the expression of an opinion regarding the financial statements taken as a
whole. Accordingly, we do not express such an opinion.

Based on our reviews, we are not aware of any material modifications that should
be made to such condensed consolidated financial statements for them to be in
conformity with generally accepted accounting principles.

We have previously audited, in accordance with generally accepted auditing
standards, the consolidated balance sheet of the Company as of September 30,
1996, and the related consolidated statements of operations, stockholders'
equity, and cash flows for the year then ended (not presented herein) and in our
report dated November 19, 1996, we expressed an unqualified opinion on those
consolidated financial statements. In our opinion, the information set forth in
the accompanying condensed consolidated balance sheet as of September 30, 1996
is fairly stated, in all material respects, in relation to the consolidated
balance sheet from which it has been derived.


DELOITTE & TOUCHE LLP

Cleveland, Ohio
April 22, 1997
# C_2016222EN.01004801.xml

| 20.6.2016 | EN | Official Journal of the European Union | C 222/48 |
| --- | --- | --- | --- |

20.6.2016

EN

Official Journal of the European Union

C 222/48

---

Order of the Civil Service Tribunal of 4 May 2016 — Pangallo v Commission

(Case F-16/14) (1)

(2016/C 222/70)

Language of the case: French

The President of the Second Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 175, 10/6/2014, p. 54.

---
§ 610.50 Date of manufacture for biological products. ( a ) *When the dating period begins.* The dating period for a product must begin on the date of manufacture as described in paragraphs (b) and (c) of this section. The dating period for a combination of two or more products must be no longer than the dating period of the component with the shortest dating period.
( b ) *Determining the date of manufacture for biological products other than Whole Blood and blood components.* The date of manufacture for biological products, other than Whole Blood and blood components, must be identified in the approved biologics license application as one of the following, whichever is applicable: The date of: ( 1 ) Potency test or other specific test as described in a biologics license application or supplement to the application;
( 2 ) Removal from animals or humans;
( 3 ) Extraction;
( 4 ) Solution;
( 5 ) Cessation of growth;
( 6 ) Final sterile filtration of a bulk solution;
( 7 ) Manufacture as described in part 660 of this chapter; or
( 8 ) Other specific manufacturing activity described in a biologics license application or supplement to the biologics license application.
( c ) *Determining the date of manufacture for Whole Blood and blood components.* ( 1 ) The date of manufacture for Whole Blood and blood components must be one of the following, whichever is applicable: ( i ) Collection date and/or time;
( ii ) Irradiation date;
( iii ) The time the red blood cell product was removed from frozen storage for deglycerolization;
( iv ) The time the additive or rejuvenation solution was added;
( v ) The time the product was entered for washing or removing plasma (if prepared in an open system);
( vi ) As specified in the instructions for use by the blood collection, processing, and storage system approved or cleared for such use by FDA; or
( vii ) As approved by the Director, Center for Biologics Evaluation and Research, in a biologics license application or supplement to the application.
( 2 ) For licensed Whole Blood and blood components, the date of manufacture must be identified in the approved biologics license application or supplement to the application.
[81 FR 26691, May 4, 2016]
§ 524.1132 Hydrocortisone, miconazole, and gentamicin otic suspension. ( a ) *Specifications.* Each milliliter (mL) of suspension contains 1.11 milligrams (mg) hydrocortisone aceponate, 17.4 mg miconazole nitrate, and 1.5 mg gentamicin (as gentamicin sulfate).
( b ) *Sponsor.* See No.051311 in § 510.600(c) of this chapter.
( c ) *Conditions of use in dogs* — ( 1 ) *Amount.* Instill 1.0 mL in the affected ear once daily for 5 days.
( 2 ) *Indications for use.* For the treatment of otitis externa in dogs associated with susceptible strains of yeast (*Malassezia pachydermatis*) and bacteria (*Staphylococcus pseudintermedius*).
( 3 ) *Limitations.* Federal law restricts this drug to use by or on the order of a licensed veterinarian.
[76 FR 78150, Dec. 16, 2011, as amended at 83 FR 13635, Mar. 30, 2018]
# L_2018278EN.01001601.xml

| 8.11.2018 | EN | Official Journal of the European Union | L 278/16 |
| --- | --- | --- | --- |

8.11.2018

EN

Official Journal of the European Union

L 278/16

---

COMMISSION IMPLEMENTING REGULATION (EU) 2018/1661

of 7 November 2018

amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (1), and in particular Article 11(b) thereof,

Whereas:

| (1) | Annex III to Regulation (EC) No 1210/2003 lists public bodies, corporations and agencies and natural and legal persons, bodies and entities of the previous government of Iraq covered by the freezing of funds and economic resources that were located outside Iraq on the date of 22 May 2003 under that Regulation. |
| --- | --- |

(1)

Annex III to Regulation (EC) No 1210/2003 lists public bodies, corporations and agencies and natural and legal persons, bodies and entities of the previous government of Iraq covered by the freezing of funds and economic resources that were located outside Iraq on the date of 22 May 2003 under that Regulation.

| (2) | On 2 November 2018, the Sanctions Committee of the United Nations Security Council decided to remove one entry from the list of persons or entities to whom the freezing of funds and economic resources should apply. |
| --- | --- |

(2)

On 2 November 2018, the Sanctions Committee of the United Nations Security Council decided to remove one entry from the list of persons or entities to whom the freezing of funds and economic resources should apply.

| (3) | Annex III to Regulation (EC) No 1210/2003 should therefore be amended accordingly, |
| --- | --- |

(3)

Annex III to Regulation (EC) No 1210/2003 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex III to Regulation (EC) No 1210/2003 is amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 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, 7 November 2018.

For the Commission,

On behalf of the President,

Head of the Service for Foreign Policy Instruments

---

(1)  
  OJ L 169, 8.7.2003, p. 6.

1

---

ANNEX

In Annex III to Regulation (EC) No 1210/2003, the following entry is deleted:

| ‘76. | MAYSAN SUGAR STATE ENTERPRISE. Addresses: (a) P.O. Box 9, Amara, Maysan, Iraq; (b) P.O. Box 3028, Maysan, Iraq.’ |
| --- | --- |

‘76.

---
# C_2019428EN.01000501.xml

| 20.12.2019 | EN | Official Journal of the European Union | C 428/5 |
| --- | --- | --- | --- |

20.12.2019

EN

Official Journal of the European Union

C 428/5

---

COUNCIL DECISION

of 19 December 2019

appointing a member of the European Statistical Governance Advisory Board

(2019/C 428/05)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Decision No 235/2008/EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Governance Advisory Board (1), and in particular Article 3(5) thereof,

Having regard to the opinion of the European Commission,

Whereas:

| (1) | By its decision of 18 December 2017 (2), the Council appointed three members of the European Statistical Governance Advisory Board (the ‘Board’) for a term of office of three years from 1 February 2018. |
| --- | --- |

(1)

By its decision of 18 December 2017 (2), the Council appointed three members of the European Statistical Governance Advisory Board (the ‘Board’) for a term of office of three years from 1 February 2018.

| (2) | One of the three members of the Board appointed by the Council, Mr Jaume GARCIA, resigned before the end of his term of office. |
| --- | --- |

(2)

One of the three members of the Board appointed by the Council, Mr Jaume GARCIA, resigned before the end of his term of office.

| (3) | It is therefore necessary to appoint a new member of the Board. |
| --- | --- |

(3)

It is therefore necessary to appoint a new member of the Board.

| (4) | According to Article 3(2) of Decision No 235/2008/EC, the members of the Board are to be selected from among experts possessing outstanding competence in the field of statistics, |
| --- | --- |

(4)

According to Article 3(2) of Decision No 235/2008/EC, the members of the Board are to be selected from among experts possessing outstanding competence in the field of statistics,

HAS ADOPTED THIS DECISION:

Article 1

Mr Priit POTISEPP is hereby appointed as a member representing the Council in the European Statistical Governance Advisory Board for a term of office of three years.

Article 2

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

Done at Brussels, 19 December 2019.

For the Council

The President

K. MIKKONEN

---

(1)  OJ L 73, 15.3.2008, p. 17.

1

(2)  Council Decision of 18 December 2017 appointing three members of the European Statistical Governance Advisory Board (OJ C 439, 20.12.2017, p. 5).

2

---
<TABLE> <S> <C>
                              
<ARTICLE>                          5
<LEGEND>                        
     This schedule  contains summary  financial  information  extracted from the
Partnership's  audited  financial  statements  for the six months ended Sept 30,
1996 and is qualified in its entirety by reference to such financial statements.
</LEGEND>                       
<MULTIPLIER>                            1,000
                                    
<S>                                  <C>
<PERIOD-TYPE>                           6-MOS
<FISCAL-YEAR-END>                  MAR-31-1997
<PERIOD-END>                       SEP-30-1996
<CASH>                                  4,161
<SECURITIES>                                0
<RECEIVABLES>                              31
<ALLOWANCES>                                0
<INVENTORY>                                 0
<CURRENT-ASSETS>                        4,213
<PP&E>                                 32,908
<DEPRECIATION>                          3,685
<TOTAL-ASSETS>                         33,607
<CURRENT-LIABILITIES>                   8,563
<BONDS>                                 3,556
<PREFERRED-MANDATORY>                       0
<PREFERRED>                                 0
<COMMON>                                    0
<OTHER-SE>                             21,488
<TOTAL-LIABILITY-AND-EQUITY>           33,607
<SALES>                                     0
<TOTAL-REVENUES>                        1,257
<CGS>                                       0
<TOTAL-COSTS>                             777
<OTHER-EXPENSES>                          213
<LOSS-PROVISION>                            0
<INTEREST-EXPENSE>                        599
<INCOME-PRETAX>                         (332)
<INCOME-TAX>                                0
<INCOME-CONTINUING>                     (332)
<DISCONTINUED>                              0
<EXTRAORDINARY>                             0
<CHANGES>                                   0
<NET-INCOME>                            (332)
<EPS-PRIMARY>                          (6.50)
<EPS-DILUTED>                          (6.50)
        

</TABLE>