alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## In the Court of Appeals Second Appellate District of Texas at Fort Worth

___________________________ No. 02
- 20
- 00336
- CV

___________________________

On Appeal from the 393rd District Court Denton County, Texas Trial Court No. 18
- 4863
- 393 Before Birdwell, Bassel, and Womack, JJ. Memorandum Opinion by Justice Birdwell 

### V AN 

### L E AND 

### D UNG 

### T RAN 

### , Appellants V 

### . Q UYEN 

### N GUYEN 

### , Appellee2 MEMORANDUM OPINION In two appeals, Appellants Van Le and Dung Tran have attempted to challenge two final judgments. We dismiss one of those appeals for lack of jurisdiction. 1 In appellate cause number 02

- 20
- 00336
- CV, Appellants have attempted to appeal the “Final Default Judgment” that was entered on October 26, 2018, in trial court cause number 18

- 4863
- 393. But we did not receive Appellants’ notice of appeal u ntil June 12, 2020, more than a year after it was due. See Tex. R. App. P. 26.1. We notified Appellants of our concern that we lack jurisdiction because of the untimely notice of appeal. We warned Appellants that this case could be dismissed unless they or another party filed a response showing that we have jurisdiction. Tex. R. App. P. 42.3(a). Appellants filed a response, but it does not demonstrate that this court has jurisdiction. A timely notice of appeal confers jurisdiction on this court, and abs ent a timely notice of appeal, we must dismiss the appeal. Howlett v. Tarrant Cty. , 301 S.W.3d 840, 843 (Tex. App.

— Fort Worth 2009, pet. denied) (op. on reh’g); see Tex. R. App. P. 25.1(b). Because the notice of appeal was filed too late, we dismiss the appeal in cause number 02
- 20
- 00336
- CV for lack of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f). /s/ Wade Birdwell Wade Birdwell Justice Delivered: December 23, 2020 1 In appellate cause number 02

- 20
- 00219
- CV, Appellants have appealed the “Final Judgment” that was entered on August 13 , 2020, in trial court cause number 19

- 7206
- 393. That case is unaffected by this opinion and remains ongoing .
#### State of Connecticut *v.*Paul Agresta et al.

Submitted April 11

decided June 5, 1968

*Arnold Maride,*chief prosecuting attorney, in support of the petition.

*Richard W. Pinto*and *Henry B. Rothblatt,*a member of the New York bar, in opposition.

The petition by the state for certification for appeal from the Appellate Division of the Circuit Court is denied.
#### § 1.280C-1 Disallowance of certain deductions for wage or salary expenses.

If an employer elects to claim the targeted jobs credit under section 44B (as amended by the Revenue Act of 1978), or elects to claim the new jobs credit under section 44B (as in effect prior to enactment of the Revenue Act of 1978), the employer must reduce its deduction for wage or salary expenses paid or incurred in the year the credit is earned by the amount allowable as credit (determined without regard to the provisions of section 53). In the case in which wages and salaries are capitalized the amount subject to depreciation must be reduced by an amount equal to the amount of the credit (determined without regard to the provisions of section 53) in determining the depreciation deduction. In the case of an employer who uses the full absorption method of inventory costing under § 1.471-11, the portion of the basis of the inventory attributable to the wage or salary expenses giving rise to the credit and paid or incurred in the year the credit is earned must be reduced by the amount of the credit allowable (determined without regard to the provisions of section 53). If the employer is an organization that is under common control (as described in § 1.52-1), it must reduce its deduction for wage or salary expenses by the amount of the credit apportioned to it under § 1.52-1 (a) or (b). The deduction for wage and salary expenses must be reduced in the year the credit is earned, even if the employer is unable to use the credit in that year because of the limitations imposed by section 53.

(Secs. 44B, 381, and 7805 of the Internal Revenue Code of 1954, 92 Stat. 2834 (28 U.S.C. 44B); 91 Stat. 148 (26 U.S.C. 381(c)(26)); 68A Stat. 917 (28 U.S.C. 7805))

[T.D. 7921, 48 FR 52908, Nov. 23, 1983]
**Exhibit 35.1**

 

ANNUAL SERVICER’S COMPLIANCE CERTIFICATE

 

This Compliance Certificate is furnishedpursuant to Section 4.10 of the Sale and Servicing Agreement (the “Agreement”), dated as of September 16, 2015, byand among Hyundai Auto Receivables Trust 2015-C, Hyundai Capital America, as seller and servicer (the “Servicer”),Hyundai ABS Funding, LLC (formerly known as Hyundai ABS Funding Corporation), as depositor, and Citibank, N.A., as indenture trusteeand Item 1123 of Regulation AB. The undersigned hereby certifies that:

 

1)          Iam a duly authorized officer of the Servicer.

 

2)          Areview of the activities of the Servicer from January 1, 2018 through December 31, 2018 (the “Relevant Period”) andof the Servicer’s performance under the Agreement during the Relevant Period has been made under my supervision.

 

3)          Basedon such review, the Servicer has, to the best of my knowledge, fulfilled all of its obligations under the Agreement in all materialrespects throughout the Relevant Period.

 

IN WITNESS WHEREOF, I have duly executed this Compliance Certificatethis 15th day of March, 2019.
Exhibit 35.10



LOGO

ANNUAL STATEMENT OF COMPLIANCE

OF

LNR PARTNERS, LLC

The undersigned, Job Warshaw, being the President of LNR Partners, LLC (the Special Servicer), as special servicer under the
applicable Pooling and Servicing Agreement for the transactions listed on Schedule I hereto, hereby certifies, subject to any limitations listed on Schedule I hereto, as of the date hereof, on behalf of the Special Servicer, solely in
his capacity as an authorized officer of the Special Servicer and not in his individual capacity, as follows:



| | 1. | A review of the activities performed by the Special Servicer during the period commencing on January 1, 2015 and ending on December 31, 2015 (or any other shorter period set forth on Schedule I hereto)
(the Reporting Period), and of the Special Servicers performance under the Pooling and Servicing Agreement has been made under my supervision; and
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | To the best of my knowledge, based on such review and using the applicable servicing criteria under Item 1122 of Regulation AB, the Special Servicer has fulfilled all of its obligations under the applicable Pooling
and Servicing Agreement in all material respects throughout the Reporting Period.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



LNR PARTNERS, LLC,a Florida limited liability companyBy:

/s/ Job WarshawJob WarshawPresident


Dated: February 23, 2016





1601 Washington Avenue  Suite
700  Miami Beach, Florida 33139-3164

Telephone: (305) 695-5600  Fax: (305) 695-5601



---

Schedule I

CGCMT 2015-P1

Citigroup Commercial Mortgage Securities Inc.,
Commercial Mortgage Pass-Through Certificates, Series 2015-P1

Citibank, N.A.,

Global Transaction Services

388 Greenwich Street, 14th Floor

New York NY 10013

John Hannon

Citigroup Commercial Mortgage Securities Inc.

390 Greenwich
Street, 5th Floor

New York NY 10013

Paul Vanderslice

Citigroup Commercial Mortgage Securities Inc.

388 Greenwich
Street, 19th Floor

New York NY 10013

Richard Simpson

Citigroup Commercial Mortgage Securities Inc.

388 Greenwich
Street, 17th Floor

New York NY 10013

Ryan M. OConnor

Deutsche Bank National Trust Company

Trust &
Agency Services

1761 E. Saint Andrew Place

Santa Ana CA
92705

Amy McNulty

Park Bridge Lender Services LLC

560 Lexington Avenue, 17th Floor

Att: CGCMT 2015-P1 -
Surveillance Manager

New York NY 10022

David Rodgers

Park Bridge Lender Services LLC

Att: CGCMT 2015-P1

560 Lexington Avenue, 17th Floor

New York NY 10022

Group
Editorial Note on Part 872
Editorial Note: Nomenclature changes to part 872 appear at 73 FR 35341, June 23, 2008.

§ 872.3490 Carboxymethylcellulose sodium and/or polyvinylmethylether maleic acid calcium-sodium double salt denture adhesive. ( a ) *Identification.* A carboxymethylcellulose sodium and/or polyvinylmethylether maleic acid calcium-sodium double salt denture adhesive is a device composed of carboxymethylcellulose sodium and/or polyvinylmethylether maleic acid calcium-sodium double salt intended to be applied to the base of a denture before the denture is inserted in a patient's mouth to improve denture retention and comfort.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 872.9.
[52 FR 30097, Aug. 12, 1987, as amended at 59 FR 63008, Dec. 7, 1994; 66 FR 38798, July 25, 2001]
Exhibit 35

SERVICERS ANNUAL CERTIFICATION

CALIFORNIA REPUBLIC BANK

PURSUANT TO SECTION 4.10 OF THE SALE AND SERVICING AGREEMENT

This Servicers Annual Certification is delivered pursuant to a sale and servicing agreement dated as of September 1, 2015 (the
Sale and Servicing Agreement) by and among, California Republic Auto Receivables Trust 2015-3, California Republic Funding, LLC, California Republic Bank, as Seller, Servicer, Administrator, Calculation Agent and Custodian (in
such capacity, the Servicer), and U.S. Bank National Association, as indenture trustee (the Indenture Trustee). All capitalized terms used but not defined herein shall have the meaning assigned thereto in
Appendix A to the Sale and Servicing Agreement.

The undersigned, a Responsible Officer of the Servicer, hereby certifies that:

1. A review of the activities of the Servicer and of the performance of its obligations under the Sale and Servicing Agreement during the
period from September 30, 2015 to and including December 31, 2015 (the Review Period) was conducted under my supervision.

2. Based on my knowledge and such review, except as otherwise disclosed pursuant to paragraph 3 below, the Servicer has fulfilled its
obligations under the Sale and Servicing Agreement during the applicable Review Period and there is no significant deficiency known by me with respect to the applicable Review Period which has not been disclosed herein.

3. Based on such review, to my knowledge, there has been no significant deficiency during the Review Period in the performance of the
Servicers obligations under the provisions of the Sale and Servicing Agreement.

[SIGNATURE APPEARS ON NEXT PAGE]



---

IN WITNESS WHEREOF, the undersigned, in my capacity as specified below, has caused this
certificate to be executed as of the date indicated below.



|                      |  |  |  |  |  |                             
|--------------------- |  |  |  |  |  | ----------------------------
|Dated: March 30, 2016 |  |  |  |  |  | /s/ Mark K. Olson           
|                      |  |  |  |  |  | Mark K. Olson               
|                      |  |  |  |  |  | EVP, Chief Financial Officer
#### RIVERS *et al. v.*WILLIAMS BROTHERS LUMBER CO. *et al.*

No. 8428.

February 9, 1932.

*267
      *Lawton Nalley,*for plaintiffs in error.

*Roy 8. Drennan*and *Louis II. Foster,*contra.

Hill, J.

The controlling question in this case, under the facts, is whether Williams Brothers Lumber Company is entitled to have priority over the rights of the laborers’ claims. In *Bennett Lumber Co. v. Martin,*132 *Ga.*491 (64 S. E. 484), this court held: “Where title to real estate is conveyed by a duly recorded deed to secure a debt, and the grantee takes the deed and advances the money loaned without notice and before the record of a materialman’s lien upon the property, the title thus acquired is superior to such lien.” And see *Mitchell*v. *West End Park Co.,*171 *Ga.*878 (156 S. E. 888); *West Lumber Co. v. McPherson,*173 *Ga.*53 (159 S. E. 868). Applying the principle ruled in the foregoing cases, the court below did not err in entering judgment against Mrs.’ O. I. Snider, in favor of Williams Brothers Lumber Company and the intervenors, for the amount of their respective claims, and in entering a superior lien in favor of Williams Brothers Lumber Company against the property.

*Judgment affirmed.*

*All the Justices concur.*
#### Close Estate

Before Klein, P. J., Bolger, Hunter, Lefever, Saylor and Shoyer, JJ.

*148
      *Paul Maloney,*for exceptant.

*David L. German, Jr.,*contra.

January 30, 1953.

Opinion sur Exceptions to Supplemental Adjudication

Lefever, J.,

The question before the court is whether the attempted extinguishment of annuities by Erving W. Close, the annuitant and sole income beneficiary, terminates the trust and *149entitles him to immediate distribution of the principal of the trust.

This question was presented to Judge Hunter in connection with the audit of the third account of the Fidelity-Philadelphia Trust Company, substituted trustee, and Erving W. Close, succeeding trustee. Judge Hunter, by adjudication filed May 7, 1952, decided that the attempted extinguishment of the annuities was void; that the trust has not yet terminated, and that the principal will not be distributable until the death of Erving W. Close.

Exceptions were filed to this adjudication. On June ■27, 1952, the court en banc dismissed these exceptions pro forma and referred the case back to the auditing judge to afford exceptant an opportunity to request the auditing judge to construe the investment clause “to ascertain whether or not that construction provides him with adequate relief.” On November 15, 1952, after further hearing, Judge Hunter filed a supplemental adjudication, in which he ruled, “The instant will contains no express restriction, and is to be construed as expressing testator’s preference for the investments he enumerates, and not as forbidding other legal investments.”

No exceptions were taken to the supplemental adjudication, but exceptant requested the reinstatement of the exceptions to the original adjudication. By decree of Judge Hunter, dated November 18, 1952, the exceptions were reinstated and the case is now before the court on these exceptions.

We are all agreed that Judge Hunter correctly decided the question presently before the court. We, therefore, adopt, as the opinion of the court, his able and comprehensive adjudication in which he carefully considered and disposed of all of the arguments presented to us.

Accordingly, all the exceptions are dismissed.
427 A.2d 1234

#### Monroe, Appellant v. Penn Ram Motor Inn of Harrisburg, West, Inc.

Argued December 3, 1979.

Henry F. Coyne, for appellant;

James D. Flower, for appellee.

*645Before HESTER, MONTGOMERY and CIRILLO, JJ.*

*

 Judge Vincent A. Cirillo of the Court of Common Pleas of Montgomery County, Pennsylvania, is sitting by designation.

Order affirmed on the opinion of the lower court (Honorable Dale F. Shughart, P. J.).
§ 1.167(a)-4 Leased property. ( a ) *In general.* Capital expenditures made by either a lessee or lessor for the erection of a building or for other permanent improvements on leased property are recovered by the lessee or lessor under the provisions of the Internal Revenue Code (Code) applicable to the cost recovery of the building or improvements, if subject to depreciation or amortization, without regard to the period of the lease. For example, if the building or improvement is property to which section 168 applies, the lessee or lessor determines the depreciation deduction for the building or improvement under section 168. See section 168(i)(8)(A). If the improvement is property to which section 167 or section 197 applies, the lessee or lessor determines the depreciation or amortization deduction for the improvement under section 167 or section 197, as applicable.
( b ) *Effective/applicability date* — ( 1 ) *In general.* Except as provided in paragraph (b)(2) or (b)(3) of this section, this section applies to taxable years beginning on or after January 1, 2014.
( 2 ) *Application of this section to leasehold improvements placed in service after December 31, 1986, in taxable years beginning before January 1, 2014.* For leasehold improvements placed in service after December 31, 1986, in taxable years beginning before January 1, 2014, a taxpayer may— ( i ) Apply the provisions of this section; or
( ii ) Depreciate any leasehold improvement to which section 168 applies under the provisions of section 168 and depreciate or amortize any leasehold improvement to which section 168 does not apply under the provisions of the Code that are applicable to the cost recovery of that leasehold improvement, without regard to the period of the lease.
( 3 ) *Application of this section to leasehold improvements placed in service before January 1, 1987.* Section 1.167(a)-4 as contained in 26 CFR part 1 edition revised as of April 1, 2011, applies to leasehold improvements placed in service before January 1, 1987.
( 4 ) *Change in method of accounting.* Except as provided in § 1.446-1(e)(2)(ii)( d )( 3 )( i ), a change to comply with this section for depreciable assets placed in service in a taxable year ending on or after December 30, 2003, is a change in method of accounting to which the provisions of section 446(e) and the regulations under section 446(e) apply. Except as provided in § 1.446-1(e)(2)(ii)( d )( 3 )( i ), a taxpayer also may treat a change to comply with this section for depreciable assets placed in service in a taxable year ending before December 30, 2003, as a change in method of accounting to which the provisions of section 446(e) and the regulations under section 446(e) apply.
[T.D. 9636, 78 FR 57706, Sept. 19, 2013]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration

          - [TA-W-70,606]

Pursuant to Section 223 of the Trade Act of 1974, as amended, an investigation was initiated on May 26, 2009 in response to a worker petition filed on behalf of workers of Tyrone Mining LLC, a division of Freeport McMoran, Tyrone, New Mexico.

The petitioning group of workers is covered by an earlier petition (TA-W-70,264) filed on May 21, 2009 that is the subject of an ongoing investigation for which a determination has not yet been issued. Consequently, further investigation in this case would serve no purpose, and the investigation under this petition has been terminated.

Signed at Washington, DC, this 6th day of July 2009

Richard Church,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-18048 Filed 7-28-09; 8:45 am]

BILLING CODE 4510-FN-P
131 STAT. 82 PUBLIC LAW 115–18—MAR. 31, 2017 

Public Law 115–18 

115th Congress 

Joint Resolution 

Approving the location of a memorial to commemorate and honor the members 

of the Armed Forces who served on active duty in support of Operation Desert 

Storm or Operation Desert Shield. 

Whereas section 8908(b)(1) of title 40, United States Code, provides 

that the location of a commemorative work in Area I, as depicted 

on the map entitled ‘‘Commemorative Areas Washington, DC 

and Environs’’, numbered 869/86501 B, and dated June 24, 2003, 

shall be deemed to be authorized only if a recommendation for 

the location is approved by law not later than 150 calendar 

days after the date on which Congress is notified of the recommendation; 

Whereas section 3093 of the Carl Levin and Howard P. ‘‘Buck’’ 

McKeon National Defense Authorization Act for Fiscal Year 2015 

(40 U.S.C. 8903 note; Public Law 113–291) authorized the 

National Desert Storm Memorial Association to establish a memorial on Federal land in the District of Columbia, to honor the 

members of the Armed Forces who served on active duty in 

support of Operation Desert Storm or Operation Desert Shield; 

and 

Whereas the Secretary of the Interior has notified Congress of 

the determination of the Secretary of the Interior that the memorial should be located in Area I: Now, therefore, be it 

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, That the location 

of a commemorative work to commemorate and honor the members 

of the Armed Forces who served on active duty in support of 

Operation Desert Storm or Operation Desert Shield authorized 

by section 3093 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

National Defense Authorization Act for Fiscal Year 2015 (40 U.S.C. 

8903 note; Public Law 113–291), within Area I, as depicted on 

Mar. 31, 2017 

[S.J. Res. 1] 

40 USC 8903 

note. 


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PUBLIC LAW 115–18—MAR. 31, 2017 131 STAT. 83 

LEGISLATIVE HISTORY—S.J. Res. 1 (H.J. Res. 3): 

CONGRESSIONAL RECORD, Vol. 163 (2017): 

Mar. 8, considered and passed Senate. 

Mar. 15, considered and passed House. 

Æ 

the map entitled ‘‘Commemorative Areas Washington, DC and Environs’’, numbered 869/86501 B, and dated June 24, 2003, is approved. 

Approved March 31, 2017. 


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