alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Lyle LEE, Appellant, v. Patsy P. LEE, Appellee.

No. 77-1327.

District Court of Appeal of Florida, Fourth District.

Nov. 1, 1978.

Rehearing Denied Jan. 18, 1979.

*743Harry G. Carratt of Morgan, Carratt & O’Connor, P.A., Fort Lauderdale, for appellant.

S. Robert Zimmerman, Pompano Beach, for appellee.

DOWNEY, Chief Judge.

The parties of this cause were married in excess of 21 years. The have one child who has reached majority and is self supporting. During the marriage the husband frequently worked two jobs and, as a result, the parties accumulated a one-half interest in an apartment building, which one-half interest was worth approximately $48,000; stocks and bonds and promissory notes worth $20,000; furniture and other personal property worth $3,000; and an automobile. All of the foregoing property was jointly owned. During the marriage the wife worked in a business owned by a corporation whose stock was owned 50% by the husband, 48% by the wife, and 2% by another person.

The trial judge awarded the wife the husband’s entire interest in all of the assets, except the business, as lump sum alimony. We find that to be error on the facts of the case.

 Lump sum alimony is to be awarded like any other kind of alimony: only when there is a demonstrated need and an ability to pay. However, there is yet another requirement to justify a lump sum award and that is there must be some particular circumstance or equity which makes a lump sum award appropriate.1 Absent a particular circumstance or equity, if alimony is warranted it must be either periodic or rehabilitative, or in an appropriate case it may be a combination of both types of alimony. As this court said in *Gesford v. Gesford,*337 So.2d 1017 (Fla. 4th DCA 1976):

> “ . . . The Court specifically found that wife had no special equity in husband’s undivided one-half interest. Therefore before the wife can be awarded the husband’s interest as a form of lump sum alimony there must be a positive showing of necessity on the part of the wife as well as the pecuniary ability of the husband to support that necessity. *Cummings v. Cummings,*330 So.2d 134 (Fla.1976); *Gordon v. Gordon,*192 So.2d 514 (Fla. 1st DCA 1966).” 337 So.2d at 1018.

The record in this case would support an award of periodic alimony. However, we find no circumstances or equities which justify stripping the husband of all his assets, except the ski school business. As this court said in *McAllister v. McAllister,*345 So.2d 352 (Fla. 4th DCA 1977), an award of alimony should not result in either spouse’s suffering a shocking change in financial condition. It seems to us that the award in this case has caused just such a change.

Accordingly, we reverse the lump sum alimony provision of the final judgment appealed from and remand the cause to the trial court with directions to determine a fair award of periodic alimony for the wife.

BERANEK, J, and BAKER, JOSEPH, Associate Judge, concur.

1

. *Yandell v. Yandell,*39 So.2d 554 (Fla.1949); *Storer*v. *Storer,*353 So.2d 152 (Fla. 3rd DCA 1977).
# C_2006143EN.01002702.xml

| 17.6.2006 | EN | Official Journal of the European Union | C 143/27 |
| --- | --- | --- | --- |

17.6.2006

EN

Official Journal of the European Union

C 143/27

---

Reference for a preliminary ruling from the Finanzgericht München lodged on 13 April 2006 — RUMA GmbH v Oberfinanzdirektion Nürnberg

(Case C-183/06)

(2006/C 143/51)

Language of the case: German

Referring court

Finanzgericht München

Parties to the main proceedings

Applicant: RUMA GmbH

Applicant:

Defendant: Oberfinanzdirektion Nürnberg

Defendant:

Question referred

Is the Combined Nomenclature (CN), in the version of Annex I to Commission Regulation (EC) No 1789/2003 (1) of 11 September 2003 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, to be interpreted as meaning that keypads which have non-conductive contact pins on the underside are to be classified under heading 8538?

1

---

(1)  OJ 2003 L 281, p. 1.

1

---
Amendment No. 1 to Health Net 2005 Long-Term Incentive Plan



 EXHIBIT 10.35 
 AMENDMENT NUMBER ONE 
 TO THE 
 HEALTH NET, INC. 
 2005 LONG-TERM INCENTIVE PLAN 
 WHEREAS, Health Net, Inc. (the “Company”) maintains the Health Net, Inc. 2005 Long-Term Incentive Plan (the “Plan”) for the
benefit of key salaried employees and persons expected to become key salaried employees of the Company; 
 WHEREAS, the Company
desires to amend the Plan to clarify that awards made under the Plan are intended to comply with, or be exempt from, the requirements of Section 409A of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations and Internal
Revenue Service guidance issued thereunder; 
 WHEREAS, the Board of Directors of the Company (the “Board”) has the power to
amend the Plan pursuant to Section 8.2 thereof; and 
 WHEREAS, the Compensation Committee of the Board has recommended that the
Board amend the Plan as provided below. 
 NOW, THEREFORE, BE IT RESOLVED, that the Plan is hereby amended as follows: 
  

	1.	By adding the following Section 8.15: 

 “8.15
Section 409A Compliance. Awards under the Plan are intended to comply with, or be exempt from, Section 409A of the Code and all awards shall be interpreted in accordance with Section 409A and the Treasury Regulations and other
Internal Revenue Service guidance issued thereunder, including without limitation any such regulations or other guidance that may be issued after the effective date of the Plan. Notwithstanding any provision of the Plan or any Agreement to the
contrary, in the event that the Committee determines that any award may or does not comply with, or satisfy an exemption from, Section 409A of the Code, the Company may adopt such amendments to the Plan and the affected award or Agreement
(without Participant consent) or adopt other policies and procedures (including amendments, policies and procedures with retroactive effect), or take any other actions, that the Committee determines are necessary or appropriate to (i) exempt
any award from the application of Section 409A of the Code and/or preserve the intended tax treatment of the benefits provided with respect to award, or (ii) comply with the requirements of Section 409A of the Code.” 







 IN WITNESS WHEREOF, Health Net, Inc. has
caused this instrument to be signed on this 4th day of December, 2008. 
  

			
	HEALTH NET, INC.
		
	By:	 	 /s/ Karin Mayhew

	Name:	 	Karin Mayhew
	Title:	 	Senior Vice President, Organization
		 	Effectiveness
EXHIBIT 32.1

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


     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of Section 1350, Chapter 63 of Title 18, United States Code, each of the
undersigned officer(s) of Accelr8 Technology Corporation, a Colorado corporation
(the "Corporation"), does hereby certify, to such officer's knowledge, that:

     The Quarterly Report on Form 10-QSB for the quarter ended January 31, 2006
(the "Form 10-QSB") of the Corporation fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and
information contained in the Form 10-QSB fairly presents, in all material
respects, the financial condition and results of operations of the Corporation.



Dated:  March 13, 2006
                                                 /s/  Thomas V. Geimer
                                                 -------------------------------
                                                 Thomas V. Geimer
                                                 Chief Executive Officer and
                                                 Chief Financial Officer
Home2018 Treaties and Agreements...Greece (18-607) – Extension to the Agreement of July 8, 1990 for Mutual Defense Cooperation

# 									Greece (18-607) – Extension to the Agreement of July 8, 1990 for Mutual Defense Cooperation							

TIAS

Office of Treaty Affairs

Defense: Cooperation

Agreement extending the Agreement of July 8, 1990, as extended.  Exchange of notes at Athens April 30 and June 7, 2018; entered into force June 7, 2018.

 
Download Agreement						 [828 KB]

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<html xmlns="http://www.w3.org/1999/xhtml">
<head>
<meta name="pdf:PDFVersion" content="1.2">
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<body><div class="page"><p></p>
<p>OFFICE OF THE ATTORNEY GENERAL OF TEXAS 
</p>
<p>AUSTIN 
</p>
<p>brrrru, c. MANN 
r-n- </p>
<p></p>
</div>
<div class="page"><p></p>
<p>42 
</p>
<p>COMMmse </p>
<p></p>
</div>
</body></html>
§ 417.520 Effect on HMO and CMP contracts. ( a ) The provisions set forth in subpart L of part 422 of this chapter also apply to Medicare contracts with HMOs and CMPs under section 1876 of the Act.
( b ) In applying these provisions, references to “M + C organizations” must be read as references to “HMOs and CMPs”.
( c ) In § 422.550, reference to “subpart K of this part” must be read as reference to “subpart L of part 417 of this chapter”.
( d ) In § 422.553, reference to “subpart K of this part” must be read as reference to “subpart J of part 417 of this chapter”.
[63 FR 35067, June 26, 1998]
Summary Description of Executive Incentive Compensation Plan



 Exhibit 10.2 
 Summary Description of Executive Incentive Compensation Plan 
 Our annual executive incentive bonuses
are intended to compensate officers for achieving our annual financial goals at corporate levels (and for achieving measurable individual annual performance objectives). Our annual incentive bonus plan provides for a cash bonus, dependent upon the
level of achievement of the stated corporate goals (and personal performance goals), calculated as a percentage of the officer's base salary. The annual incentive bonus ties incentive compensation to net earnings per share as reported in the
Company’s audited financial statements adjusted for certain items (“BEPS”). Under this plan, the Compensation Committee establishes a minimum BEPS target that must be reached before any bonuses are earned. The target BEPS is based
upon the annually established financial growth plan and goal. The Compensation Committee also establishes for each participant in the Plan, including executive officers, individual incentive amounts (“TIA”) that may be earned, in whole or
in part, depending upon whether the minimum BEPS target is reached and by how much it is exceeded during the fiscal year. At the minimum target BEPS level, the plan participants will earn a bonus equal to 20% of the TIA. For 2009, the target
incentive awards (as a percentage of base salary) will be as follows: Chief Executive Officer, 40%; Chief Financial Officer, 40%; Chairman, 40%; President, 40% and Executive Vice President, 40%. The payout continues to increase as BEPS increases and
there is no maximum payout for the target bonus. The BEPS level for 100% payout of the TIA is equal to $0.75 per share. The Company’s BEPS as adjusted for bonus purposes was $0.63 for the year ended December 31, 2008 and $0.56 for the year
ended December 31, 2007. Any incentive compensation earned under this plan is paid during February of the following year.
# C_2006060EN.01002201.xml

| 11.3.2006 | EN | Official Journal of the European Union | C 60/22 |
| --- | --- | --- | --- |

11.3.2006

EN

Official Journal of the European Union

C 60/22

---

Reference for a preliminary ruling from the Oberster Gerichtshof by order of that court of 16 November 2005 in Mohamed Jouini, Okay Gönen, Hasan Bajric, Gerald Huber, Manfred Ortner, Sükran Karacatepe, Franz Mühlberger, Nakil Bakii, Hannes Kranzler, Jürgen Mörth, Anton Schneeberger, Dietmar Susteric, Sascha Wörnhör, Aynur Savci, Elena Peter, Egon Schmäger, Mehmet Yaman, Dejan Preradovic, Andreas Mitter, Wolfgang Sorger, Franz Schachenhofer, Herbert Weiss, Harald Kaineder, Ognen, Stajkovski and Jovica Vidovic v PPS Princess Personal Service GmbH

(Case C-458/05)

(2006/C 60/43)

Language of the case: German

Reference has been made to the Court of Justice of the European Communities by order of the Oberster Gerichtshof of 16 November 2005, received at the Court Registry on 29 December 2005, for a preliminary ruling in the proceedings between Mohamed Jouini and Others and PPS Princess Personal Service GmbH on the following question:

Is there a transfer of a business or part of a business, within the meaning of Article 1 of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (1), where, in the course of collaboration between two temporary employment undertakings, without there being a defined organisational structure of the first temporary employment undertaking, a branch manager and a customer adviser and a manager transfer from the first temporary employment undertaking to the second temporary employment undertaking and carry out comparable work there and, also in collaboration between both undertakings, approximately a third of the hired-out employees and the respective clients (with requirements varying from three to 50 hired-out employees) transfer with them, in part or entirely?

1

---

(1)  OJ L 82, p. 16.

1

---
Editorial Note on Part 431
Editorial Note: Nomenclature changes to part 431 appear at 75 FR 48852, Aug. 11, 2010.

§ 431.107 Required provider agreement. ( a ) *Basis and purpose.* This section sets forth State plan requirements, based on sections 1902(a)(4), 1902(a)(27), 1902(a)(57), and 1902(a)(58) of the Act, that relate to the keeping of records and the furnishing of information by all providers of services (including individual practitioners and groups of practitioners).
( b ) *Agreements.* A State plan must provide for an agreement between the Medicaid agency and each provider or organization furnishing services under the plan in which the provider or organization agrees to: ( 1 ) Keep any records necessary to disclose the extent of services the provider furnishes to beneficiaries;
( 2 ) On request, furnish to the Medicaid agency, the Secretary, or the State Medicaid fraud control unit (if such a unit has been approved by the Secretary under § 455.300 of this chapter), any information maintained under paragraph (b)(1) of this section and any information regarding payments claimed by the provider for furnishing services under the plan;
( 3 ) Comply with the disclosure requirements specified in part 455, subpart B of this chapter; and
( 4 ) Comply with the advance directives requirements for hospitals, nursing facilities, providers of home health care and personal care services, hospices, and HMOs specified in part 489, subpart I, and § 417.436(d) of this chapter.
( 5 ) ( i ) Furnish to the State agency its National Provider Identifier (NPI) (if eligible for an NPI); and
( ii ) Include its NPI on all claims submitted under the Medicaid program.
[44 FR 41644, July 17, 1979, as amended at 57 FR 8202, Mar. 6, 1992; 75 FR 24449, May 5, 2010]
HomeGabon

# Gabon

65 items

        -    Press Statement  		Military Coup d’Etat in Gabon	  Matthew MillerOctober 23, 2023 
        -    Press Statement  		Foreign Assistance Programs and Events in Gabon	  Antony J. BlinkenSeptember 26, 2023 
        -    Department Press Briefing  		Department Press Briefing – September 5, 2023	  Vedant PatelSeptember 5, 2023Washington, D.C. 
        -    Press Statement  		Events in Gabon	  Matthew MillerAugust 30, 2023 
        -    Press Statement  		Elections in Gabon	  Matthew MillerAugust 25, 2023 
        -    Report  		2023 Investment Climate Statements: 	  July 26, 2023 
        -    Report  		2023 Fiscal Transparency Report: Gabon 	  June 27, 2023 
        -    Report  		2023 Trafficking in Persons Report: Gabon	  June 15, 2023 
        -    Report  		2022 Report on International Religious Freedom: Gabon	  May 15, 2023 
        -    Report  		2022 Country Reports on Human Rights Practices: Gabon	  March 20, 2023 

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HomeBureau of Cyberspace and Digital PolicyRemarks & Releases...Global Emerging Leaders in International Cyberspace Security (GEL-ICS) Fellowship

# 									Global Emerging Leaders in International Cyberspace Security (GEL-ICS) Fellowship							

Bureau of Cyberspace and Digital Policy

Cyberspace and digital policy issues have become central features in foreign policy, impacting national security interests, economic prosperity, and democratic values. Diplomacy relies on international networks of policy experts and policymakers to uphold an open, interoperable, secure, and reliable Internet and a stable cyberspace for future generations. The Global Emerging Leaders in International Cyberspace Security (GEL-ICS) Fellowship is designed to equip leaders from likeminded foreign partners and governments with the knowledge and global connections to be effective advocates of the UN General Assembly-affirmed framework of responsible state behavior in cyberspace.

The U.S. Department of State is working with Meridian International Center to launch the GEL-ICS Fellowship to support the development of a diverse global network of future cyber policy leaders who share the U.S. and other likeminded partners’ vision for cyberspace. Starting in 2023, each annual cohort of 20-25 government officials will engage in a year-long program, which will launch with a two-week U.S. visit in the first half of 2023, followed by a virtual seminar series and a culminating event on the margins of a global cyber policy conference. Fellows will visit Washington, D.C., New York City, and San Francisco to engage with U.S. and international leaders from government, industry, and civil society. Following the visit, the program will host a series of six thematic webinars on international cyberspace policy to support continuing education and foster networking among the fellows and stakeholders. The program then plans for all fellows to reconvene for a reunion to mark the end of the program on the margins of the Internet Governance Forum hosted in Tokyo in late 2023.

Going forward, alumni will form a global cohort of proponents for a stable and secure cyberspace for future generations. Ideal candidates are mid-level or emerging leaders in ministries of foreign affairs or other relevant agencies who have demonstrated the potential to exert enduring diplomatic influence on international cyberspace issues as government officials and represent diverse backgrounds and expertise. Previous technical experience or employment specifically in the cyber sphere is not required. English-language proficiency is a requirement.

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Bureau of Cyberspace and Digital PolicyCyber SecurityDiplomacyFellowships

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Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

July 26, 2010 

s0719 

Order 

 

July 26, 2010 

141005 

OTTAWA COUNTY and OTTAWA COUNTY 

PARKS & RECREATION COMMITTEE, 

Plaintiffs/Counter-DefendantsAppellees, 

v SC: 141005 

 COA: 288167 

 Ottawa CC: 07-060272-CH 

KERRY SHAFFER, JASIU MILANOWKSI, 

WENCEL A. MILANOWSKI, and RICHARD 

VANDAM TRUST, 

Defendants, 

EDWIN CONGER TRUST, 

 Defendant/Counter-Plaintiff- 

 Appellee, 

and 

FRED VAAS, 

 Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the March 18, 2010 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
Exhibit 11
<TABLE>

              Statement Regarding Computation of Per Share Earnings

 Years Ended December 31

 In thousands, except per share data

<CAPTION>
                                                                1997         1996     1995

 Calculation of basic earnings per share:

<S>                                                             <C>       <C>       <C>
         Net income (numerator) .............................   $23,933   $ 6,882   $15,315

         Average common shares outstanding (denominator) ....    11,432    11,347    11,246

         Basic earnings per share ...........................     $2.09     $0.61     $1.36


Calculation of diluted earnings per share:

         Net income (numerator) .............................   $23,933   $ 6,882   $15,315

         Average common shares outstanding ..................    11,432    11,347    11,246
         Effect of dilutive securities:
            Options .........................................       290       106        81
            Warrants ........................................      --        --          29
                                                                 ------    ------   -------
           Average shares and share equivalents (denominator)    11,722    11,453    11,356

         Diluted earnings per share .........................    $2.04     $0.60     $1.35
</TABLE>
Order entered October 1 , 2019

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 19
- 00401
- CV
FINANCE OF AMERICA R EVERSE, LLC, Appellant
V. CELIA A. HOPKEN, Appellee On Appeal from the 162nd Judicial District Court

Dallas County, Texas Trial Court Cause No. DC
- 16
- 16418



### O RDER Appellant’s brief has not been filed pending the parties’ finalization of a settlement
agreement

. In a status report filed September 27, 2019 , a ppellant infor ms the Court the
settlement “should be wrapped up shortly.” We note appellant’s brief was due June 24, 2019, and the parties have been attempting to finalize their agreement since before th en. Accordingly, to ensure the timely resolution of his appeal, we ORDER appellant to file either a motion to dismiss the appeal or its opening brief no later than October 15, 2019.
/s/ KEN MOLBERG JUSTICE