alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

LENNOX NATIONAL ACCOUNT SERVICES, LLC,

Appellant,

v.

BARRY CLAIRE and STACI CLAIRE,

Appellees.

No. 4D20-2797

[December 22, 2021]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County, Keathan B. Frink, Judge; L.T. Case No. CACE19-000502

(12).

Benjamin L. Bedard and Shelli A. Healy of Roberts, Reynolds, Bedard 

& Tuzzio, PLLC, West Palm Beach, for appellant. 

Matthew E. Haynes of Lytal, Reiter, Smith, Ivey & Fronrath, West Palm 

Beach, for appellees.

FORST, J.

Appellant Lennox National Account Services, LLC (“Defendant”) appeals

the denial of its motion to tax costs following the voluntary dismissal of 

the tort action by appellees Barry Claire and Staci Claire (“Plaintiffs”). 

Defendant argues it was entitled to an award of taxable costs pursuant to 

Florida Rule of Civil Procedure 1.420(d). We agree and reverse accordingly.

Barry Claire was allegedly injured while shopping at a store. At the 

time, Defendant’s technicians were working on the store’s rooftop. 

Plaintiffs filed a complaint for negligence and loss of consortium against 

several parties, including Defendant. Subsequently, Defendant moved for 

summary judgment and the motion was set for a hearing. A few hours 

before the hearing, Plaintiffs filed a notice of voluntary dismissal without 

prejudice as it related to Defendant. Following the dismissal, Defendant

filed a motion to tax costs against Plaintiffs. The motion was summarily 

denied by the trial court. 
2

Florida Rule of Civil Procedure 1.420(d) provides in pertinent part that 

“[c]osts in any action dismissed under this rule shall be assessed and 

judgment for costs entered in that action, once the action is concluded as 

to the party seeking taxation of costs.” (emphasis added). We have held 

that “[r]ule 1.420(d) is unambiguous—costs are to be assessed in the 

action that is the subject of the voluntary dismissal.” Bis v. U.S. Bank Nat’l

Ass’n, 172 So. 3d 971, 972 (Fla. 4th DCA 2015) (quoting Wilson v. Rose 

Printing Co., 624 So. 2d 257, 258 (Fla. 1993)); see also Fleet Servs. Corp. 

v. Reise, 857 So. 2d 273, 275 (Fla. 2d DCA 2003) (“When [the plaintiff] filed 

its voluntary dismissal, [the defendant] became entitled to an award of 

‘costs’ pursuant to Florida Rule of Civil Procedure 1.420(d).”).

Thus, we reverse and remand for entry of an order granting Defendant’s 

motion to tax costs and a hearing on the amount of costs to be awarded to

Defendant.

Reversed and remanded with instructions.

GROSS and KUNTZ, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Exhibit 99.1

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


In connection with the Quarterly Report of Cogenco International, Inc. (the
"Company") on Form 10-QSB for the period ended September 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
David W. Brenman, President, certify, pursuant to 18 U.S.C. ss. 1350, as adopted
pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

      (1) The Report 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 the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company.


Dated: November 1, 2002
                                                 /s/ David W. Brenman
                                                 --------------------
                                                 David W. Brenman
                                                 Chief Executive Officer and
                                                 Chief Financial Officer


                                       10
§ 1010.558 Previously accepted state filings—notice of revocation rights on property report cover page. ( a ) ( 1 ) The cover page on Property Reports for filings made with the Director pursuant to § 1010.552 shall be prepared in accordance with § 1010.105 and shall include the paragraphs set forth in section XXX of the appendix to this part: Language to be Included on Property Report Cover Page.
( 2 ) If the purchaser is entitled to a longer revocation period by operation of State law, that period becomes the Federal revocation period and the cover page must reflect the longer period, rather than the seven days.
( b ) ( 1 ) If a deed is not delivered within 180 days of the signing of the contract or agreement of sale or unless certain provisions are included in the contract or agreement, the purchaser is entitled to cancel the contract within two years from the date of signing the contract or agreement.
( 2 ) The deed must be a warranty deed, or where such a deed is not commonly used, a similar deed legally acceptable in the jurisdiction where the lot is located. The deed must be free and clear of liens and encumbrances.
( 3 ) The contract provisions are: ( i ) A legally sufficient and recordable lot description, and;
( ii ) A provision that the seller will give the purchaser written notification of purchaser's default or breach of contract and the opportunity to remedy the default or breach within 20 days of the notice; and
( iii ) A provision that, if the purchaser loses rights and interest in the lot because of the purchaser's default or breach of contract after 15 percent of the purchase price, exclusive of interest, has been paid, the seller shall refund to the purchaser any amount which remains from the payments made after subtracting 15 percent of the purchase price, exclusive of interest, or the amount of the seller's actual damages, whichever is the greater.
( 4 ) If a deed is not delivered within 180 days of the signing of the contract or if the necessary provisions are not included in the contract, the following statement shall be used in place of any other rescission language: “Under Federal law you may cancel your contract or agreement of sale any time within two years from the date of signing.”
Editorial Note on Part 36
Editorial Note: Nomenclature changes to part 36 appear at 61 FR 7217, Feb. 27, 1996, and 86 FR 51275, Sept. 15, 2021.

§ 36.4215 Maintenance of records. ( a ) The holder shall maintain a record of the amounts of payments received on the obligation and disbursements chargeable thereto and the dates thereof. This record shall be maintained until the Secretary ceases to be liable as guarantor of the loan. For the purpose of any accounting with the Secretary or computation of claim against the Secretary, any holder who fails to maintain such record shall be presumed to have received on the dates due all sums which by the terms of the contract are payable prior to date of claim, and the burden of going forward with evidence and of ultimate proof of the contrary shall be on such holder.
( b ) The lender shall retain copies of all loan origination records on VA guaranteed loan for at least one year from the date of loan closing. Loan origination records include the loan application, including any preliminary application, verifications of employment and deposit, all credit reports, including preliminary credit reports, copies of each sales contract and addendums, letters of explanation for adverse credit items, discrepancies and the like, direct references from creditors, correspondence with employers, appraisal reports, reports on other inspections of the property, and all closing papers and documents. (Authority: 38 U.S.C. 501, 3703(c)(1), 3712(g))
( c ) The Secretary has the right to inspect, examine, or audit, at a reasonable time and place, the records or accounts of a lender or holder pertaining to loans guaranteed by the Secretary.
(Recordkeeping requirements contained in § 36.4215 were approved by the Office of Management and Budget under OMB control number 2900-0515) [36 FR 1253, Jan. 27, 1971, as amended at 40 FR 13214, Mar. 25, 1975; 55 FR 34913, Aug. 27, 1990]
Exhibit 32.2  CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  In connection with the Quarterly Report of CKX, Inc. (the Company) on Form 10-QSB for the quarter ended March 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Thomas P. Benson, Executive Vice President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:  (1)           The Report 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 the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.   Dated:  May 16, 2005   By:
  /s/  Thomas P. BensonThomas P.
  BensonExecutive
  Vice President and Chief FinancialOfficer
  (Principal Financial Officer)   This certification accompanies this Report on Form 10-QSB pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to
the extent required by such Act, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.  A signed original of this written statement required by Section 906,
or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form with the electronic version of this
written statement required by Section 906, has been provided to the
Company and will be retained by the Company and furnished to the Securities and
Exchange Commission or its staff upon request.
**
**Exhibit 32.2**

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Annual Report of two (the “Company”) on Form 10-K for the period endingDecember 31, 2021 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I certify, in the capacity and on the date indicated below, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906of the Sarbanes-Oxley Act of 2002, that: 

 
(1)
The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934; and 

 
(2)
The information contained in the Report fairly presents, in all material respects, the financial condition andresults of operations of the Company. 

 
Date: March 31, 2022  By: 
/s/ Troy B. Steckenrider III
   **Troy B. Steckenrider III**   
**Chief Financial Officer**

**(Principal Financial Officer)**
**
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 Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of a change in the meeting of the Secretary's Advisory Committee on Genetics, Health, and Society, October 8, 2009, 8 a.m. to October 9, 2009, 3:30 p.m., Department of Health and Human Services, Washington, DC 20201 which was published in the                     **Federal Register**                     on August 17, 2009, 74FR41446.                

This notice is being amended to change the meeting location to the Park Hyatt Hotel, 1201 24th Street, NW., Washington, DC 20037. The meeting is open to the public.

Dated: September 23, 2009.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E9-23339 Filed 9-25-09; 8:45 am]

BILLING CODE 4140-01-P
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

January 27, 2006 Clifford W. Taylor, Chief Justice
128916 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan GWANJUN KIM and KEESOO KIM, Plaintiffs-Appellants, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 128916 COA: 260071 Kent CC: 03-008356-CZ KIA MOTORS AMERICA, Defendant-Appellee.

________________ _______________ __________/

On order of the Court, th e application for leave to appeal the Ap ril 12, 2005 judgment of the Court of Appeals is cons idered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

K ELLY , J., would grant leave to consid er the meaning of “deceptive” and “misleading” as those words appear in MCL 445.356(1).

t0120 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

January 27, 2006

Clerk
[Federal Register Volume 74, Number 190 (Friday, October 2, 2009)]
[Notices]
[Page 50990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23714]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i>11886 and <greek-i>11887]


Georgia Disaster <greek-i> GA-00027

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a Notice of the Presidential declaration of a major 
disaster for the State of Georgia (FEMA-1858-DR), dated 09/24/2009.
    Incident: Severe Storms and Flooding.
    Incident Period: 09/18/2009 and continuing.

DATES:  Effective Date: 09/24/2009.
    Physical Loan Application Deadline Date: 11/23/2009.
    Economic Injury (EIDL) Loan Application Deadline Date: 06/24/2010.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the President's major disaster declaration on 09/24/2009, applications 
for disaster loans may be filed at the address listed above or other 
locally announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:

Primary Counties (Physical Damage and Economic Injury Loans):
    Cherokee, Cobb, Douglas, Paulding.
Contiguous Counties (Economic Injury Loans Only):
    Georgia: Bartow, Carroll, Dawson, Forsyth, Fulton, Gordon, 
Haralson, Pickens, Polk.

    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
Homeowners With Credit Available Elsewhere...................      5.500
Homeowners Without Credit Available Elsewhere................      2.750
Businesses With Credit Available Elsewhere...................      6.000
Other (Including Non-Profit Organizations) With Credit             4.500
 Available Elsewhere.........................................
Businesses and Non-Profit Organizations Without Credit             4.000
 Available Elsewhere.........................................
For Economic Injury:
Businesses & Small Agricultural Cooperatives Without Credit        4.000
 Available Elsewhere.........................................
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 118866 
and for economic injury is 118870.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

Lisa Lopez-Suarez,
Acting Associate Administrator for Disaster Assistance.
[FR Doc. E9-23714 Filed 10-1-09; 8:45 am]
BILLING CODE 8025-01-P
United States Department of Agriculture

Agricultural Research Service

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Research Project: USDA Black Carbon Initiative: A Portfolio of Proposed Activities

Location: Hydrology and Remote Sensing Laboratory

2011 Annual Report 

1a.Objectives (from AD-416) 

Interactions with Russian agricultural scientific exchange scholars will be used to gather information from agronomic experts in the 

wheat producing regions of Russia as a means to identify opportunities for use of cultural practices that reduce the need for fires. 

Remote sensing approaches will be used to identity wheat producing fields in the region and detection of burn areas will be used to 

estimate extent of agricultural burning. 

1b.Approach (from AD-416) 

ARS will use MODIS and AWFiS imagery to identify wheat producing fields in the region based on phenology. The resulting 

classification along with detection of burn areas will be used to estimate the percentage of field subject to burning. A visiting 

scientist or post doctoral fellow will conduct this research. 

3.Progress Report 

Efforts have been initiated to coordinate research between ARS and FS with focus on black carbon emissions from agricultural 

burning in Russia and the potential impacts on warming in the Arctic region. A post doctoral position has been established to 

conduct studies and a field visit to the study area in southern Russia. Work is progressing with collection of remotely sensed data. 

Progress on this project has been monitored through a series of conference calls, project meetings as well as email 

communication. 

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ARS Project: USDA Black Carbon Initiative: A Portfolio of Proposed Activities (420891) Annual Report Page 1 of 1

http://www.ars.usda.gov/research/projects/projects.htm?ACCN_NO=420891&showpars=true&fy=2011 12/02/13
Exhibit 32  CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PUSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  I certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q/A-1 for the period ended July 31, 2012 fully complies with the requirements of Section 13 (a) or 15 (d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report fairly presents in all material respect the financial condition and results of operations of Vitro Diagnostics, Inc.   Date:  October 11, 2012 By: _/s/ James R. Musick_____ Name:  James R. Musick Title: President, Chairman, Chief Executive Officer and Principal Financial Officer Vitro Diagnostics, Inc.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-12-00531-CR

Nathan Kevin Carter, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT

NO. 70060, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant Nathan Kevin Carterseeks to appeal a judgment of conviction for burglary

of a building. The trial court has certified that (1) this is a plea bargain case and Carter has no right

of appeal and (2) Carter has waived the right of appeal. Accordingly, we dismissthe appeal for want

of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d).

__________________________________________

Diane M. Henson, Justice

Before Justices Puryear, Pemberton and Henson

Dismissed for Want of Jurisdiction

Filed: December 7, 2012

Do Not Publish
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