alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### PERLIN COMPANIES v THE WOLVAP COMPANY, et al.

Case No. 90-227 AP

Eleventh Judicial Circuit, Dade County

November 1, 1991

APPEARANCES OF COUNSEL

Morton J. Perlin, Esquire, for appellant.

Leonard U. Stolar, Esquire, for appellees.

Before FULLER, DONNER, B. SHAPIRO, JJ.

OPINION OF THE COURT

DONNER, J.

This is an appeal from an order granting Defendant’s Motion to Dismiss on the basis of res judicata. The Appellant/Plaintiff, PERLIN COMPANIES, (hereinafter “PERLIN”), sued the Appellees/Defendants, THE WOLVAP COMPANY and THE PAVLOW COMPANY, (hereinafter “WOLVAP”), for money due and owing on three invoices. The Defendants moved to dismiss based on res judicata and *213the Court granted the Defendants’ Motion. The Florida Supreme Court in *Seaboard Coast Line R. Co. v Cox,*338 So.2d 190, 191 (Fla. 1976) set forth the elements necessary for res judicata to apply. Res judicata requires: “(1) that the real parties in interest in both suits be identical, and (2) that the issue in the second action that is sought to be estopped from relitigation be identical to necessary and material issues resolved from the first suit.” In the two suits at issue here the Plaintiff appears to be one in the same, PERLIN. However, the Defendants in the same two suits have not been proven to be identical thereby not meeting an essential element of res judicata.

Additionally, the dismissal of the complaint on the basis of res judicata was procedurally improper. *Bryd v City of Niceville,*541 So.2d 696 (Fla. 1st DCA 1989). The issue of res judicata is an affirmative defense, and affirmative defenses cannot be raised in a motion to dismiss unless the allegations of a prior pleading in the case demonstrate their existence. *Livingston v Spires,*481 So.2d 87 (Fla. 1st DCA 1986). In the case at bar, the complaint did not demonstrate an existence or a basis for the issue of res judicata. Here, the complaint should have been answered, affirmative defense including res judicata should have been raised, and the motion to dismiss then asserted.

In view of the foregoing, we hold that the dismissal was improper and accordingly reverse the judgment appealed and the case is remanded for further proceedings.

REVERSED AND REMANDED.

FULLER, and B. SHAPIRO, JJ., concur.
Exhibit 23.1

INDEPENDENT AUDITORS' CONSENT


We consent to the  incorporation  by reference in  Registration  Statement  Nos.
333-82230,  333-60294,  333-53657,  333-43768,  and  333-92003  on Form  S-3 and
Registration Statement Nos. 333-53765,  333-40472,  333-79151 on Form S-8 of our
report dated  February 10, 2003 (February 26, 2003, as to Note 16) (which report
expresses an unqualified opinion and includes explanatory  paragraphs related to
the adoption of Statement of Financial  Accounting  Standards No. 142, "Goodwill
and Other Intangible Assets" and related revisions made to Note 1G and revisions
made to Note 12, related to subsidiary guarantor information related to the 2001
and 2000 consolidated  financial  statements that were audited by other auditors
who have ceased  operations  and for which we have expressed no opinion or other
form of assurance other than with respect to such disclosures) appearing in this
Annual Report on Form 10-K of KeySpan  Corporation  for the year ended  December
31, 2002.


/s/  Deloitte & Touche LLP
     New York, NY
     March 25, 2003
##### 



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

In connection with the Quarterly Report of SpectraSite, Inc. (the
Company) on Form 10-Q for the period ending June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I,
Stephen H. Clark, as Chief Executive Officer of the Company, certify, pursuant
to and for the purposes of 18 U.S.C. Section 1350, as adopted pursuant to
Section 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 results of operations of the
Company.

|                   |  |                        
|------------------ |  | -----------------------
|September 15, 2003 |  | /s/ STEPHEN H. CLARK   
|                   |  |                        
|                   |  | Stephen H. Clark       
|                   |  | Chief Executive Officer
Exhibit 31.1
SECTION 302 CERTIFICATION

I, David Guthrie, certify that:

1. I have reviewed this amended annual report of Consolidated Energy, Inc. for
the period ending December 31, 2004;

2. Based on my knowledge, this report does not contain any untrue statement of
a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects
the financial condition, results of operations and cash flows of the small
business issuer as of, and for, the periods presented in this report;

4. The small business issuer's other certifying officer and I are responsible
for establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business
issuer and have:
 (a) designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the small business issuer,
including its consolidated subsidiaries, is made known to us by others within
those entities, particularly during the period in which this report is being
prepared;
 (b) evaluated the effectiveness of the small business issuer's disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and
 (c) disclosed in this report any change in the small business issuer's
internal control over financial reporting that occurred during the small
business issuer's most recent fiscal quarter (the small business issuer's
fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the small business
issuer's internal control over financial reporting; and

5. The small business issuer's other certifying officer and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer's board of directors (or persons performing the
equivalent functions):
 (a) all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the small business issuer's ability to record,
process, summarize and report financial information; and
 (b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the small business issuer's internal
control over financial reporting.

Date: November 21, 2005

/s/David Guthrie
David Guthrie, President (Principal Executive Officer)
#### § 292.2 Definitions.

For purposes of this part:

*Cargo* means property other than baggage accompanied or checked by passengers, or mail.

*Cargo tariff* means a tariff containing rates, charges or provisions governing the application of such rates or charges, or the conditions of service, applicable to the scheduled transportation of cargo in foreign air transportation.

*Direct air carrier* means an air carrier or foreign air carrier directly engaged in the operation of aircraft under a certificate, regulation, order, exemption or permit issued by the Department or its predecessor, the Civil Aeronautics Board.
##### 



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 SpectraSite, Inc. (the
Company) on Form 10-Q for the period ending September 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
David P. Tomick, as Chief Financial Officer of the Company, certify, pursuant
to and for the purposes of 18 U.S.C. Section 1350, as adopted pursuant to
Section 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 results of operations of the
Company.

November 5, 2003

| |  |                                          
| |  | -----------------------------------------
| |  |                                          
| |  | /s/ DAVID P. TOMICK                      
| |  |                                          
| |  | David P. Tomick                          
| |  | Executive Vice President, Chief Financial
| |  | Officer and Assistant Secretary
#### MAHONING POTTERY CO. v. COX, ET AL.

(Decided May 30, 1916.)

Appeal from Calhoun Circuit Court.

Heard before Hon. Hugh D. Merrill;

No counsel marked for either party.

Per Curiam.

Appeal dismissed for' want of prosecution.
116TH CONGRESS 

2D SESSION S. 4209 

AN ACT 

To amend title IX of the Social Security Act to improve 

emergency unemployment relief for governmental entities 

and nonprofit organizations. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 4209 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Protecting Nonprofits 

3 from Catastrophic Cash Flow Strain Act of 2020’’. 

4 SEC. 2. IMPROVING EMERGENCY UNEMPLOYMENT RELIEF 

5 FOR GOVERNMENTAL ENTITIES AND NON6 PROFIT ORGANIZATIONS. 

7 (a) IN GENERAL.—Section 903(i)(1) of the Social Se8 curity Act (42 U.S.C. 1103(i)(1)) is amended— 

9 (1) in subparagraph (A), by striking ‘‘during’’ 

10 and inserting ‘‘with respect to’’; 

11 (2) in subparagraph (B), by striking 

12 ‘‘3309(a)(1)’’ and inserting ‘‘3309(a)’’; and 

13 (3) by striking subparagraph (C) and inserting 

14 the following new subparagraph: 

15 ‘‘(C) Notwithstanding any other provision of law, 

16 funds transferred to the account of a State under subpara17 graph (A) shall be used exclusively to reduce the amounts 

18 required to be paid in lieu of contributions into the State 

19 unemployment fund pursuant to such section by govern20 mental entities and other organizations described in sec21 tion 3309(a) of such Code.’’. 

22 (b) EFFECTIVE DATE.— 

23 (1) IN GENERAL.—Subject to paragraph (2), 

24 the amendments made by subsection (a) shall take 

25 effect as if included in the enactment of section 

26 2103 of the Relief for Workers Affected by 
3 

†S 4209 ES

1 Coronavirus Act (contained in subtitle A of title II 

2 of division A of the CARES Act (Public Law 116– 

3 136)). 

4 (2) APPLICATION TO WEEKS PRIOR TO ENACT5 MENT.—For weeks of unemployment that occurred 

6 after March 12, 2020, and prior to the date of en7 actment of this section, States may— 

8 (A) issue reimbursements in accordance 

9 with section 903(i)(1)(C) of the Social Security 

10 Act, as in effect prior to the date of enactment 

11 of this section; or 

12 (B) reduce the amounts required to be 

13 paid in accordance with such section 

14 903(i)(1)(C), as amended by subsection (a). 

Passed the Senate July 2, 2020. 

Attest: 

Secretary. 
116TH CONGRESS 

2D SESSION S. 4209 

AN ACT 

To amend title IX of the Social Security Act to immental entities and nonprofit organizations. prove emergency unemployment relief for govern-
##### 





EXHIBIT 32(a)


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 Delphi
Corporation (the Company) on Form 10-Q for the
period ended March 31, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the
Report), I, J. T. Battenberg III, Chief
Executive 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
    results of operations of the Company.

|               |  |                                                                                                                                                              
|-------------- |  | -------------------------------------------------------------------------------------------------------------------------------------------------------------
|April 16, 2004 |  | /s/ J. T. BATTENBERG III
    ------------------------------
    J. T. Battenberg III
    Chairman of the Board,
    Chief Executive Officer and
    President
#### § 25.1553 Fuel quantity indicator.

If the unusable fuel supply for any tank exceeds one gallon, or five percent of the tank capacity, whichever is greater, a red arc must be marked on its indicator extending from the calibrated zero reading to the lowest reading obtainable in level flight.
§ 27.1555 Control markings. ( a ) Each cockpit control, other than primary flight controls or control whose function is obvious, must be plainly marked as to its function and method of operation.
( b ) For powerplant fuel controls— ( 1 ) Each fuel tank selector control must be marked to indicate the position corresponding to each tank and to each existing cross feed position;
( 2 ) If safe operation requires the use of any tanks in a specific sequence, that sequence must be marked on, or adjacent to, the selector for those tanks; and
( 3 ) Each valve control for any engine of a multiengine rotorcraft must be marked to indicate the position corresponding to each engine controlled.
( c ) Usable fuel capacity must be marked as follows: ( 1 ) For fuel systems having no selector controls, the usable fuel capacity of the system must be indicated at the fuel quantity indicator unless it is: ( i ) Provided by another system or equipment readily accessible to the pilot; and
( ii ) Contained in the limitations section of the rotorcraft flight manual.
( 2 ) For fuel systems having selector controls, the usable fuel capacity available at each selector control position must be indicated near the selector control.
( d ) For accessory, auxiliary, and emergency controls— ( 1 ) Each essential visual position indicator, such as those showing rotor pitch or landing gear position, must be marked so that each crewmember can determine at any time the position of the unit to which it relates; and
( 2 ) Each emergency control must be red and must be marked as to method of operation.
( e ) For rotorcraft incorporating retractable landing gear, the maximum landing gear operating speed must be displayed in clear view of the pilot.
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as amended by Amdt. 27-11, 41 FR 55470, Dec. 20, 1976; Amdt. 27-21, 49 FR 44435, Nov. 6, 1984; Amdt. 27-51, 88 FR 8738, Feb. 10, 2023]
[Federal Register Volume 65, Number 11 (Tuesday, January 18, 2000)]
[Notices]
[Page 2580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1102]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-601]


Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From the People's Republic of China; Notice of Extension of 
Time Limit for 1998-1999 Administrative Review

AGENCY:  Import Administration, International Trade Administration, 
Department of Commerce.

ACTION:  Notice of Extension of Time Limit.

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

SUMMARY:  The Department of Commerce is extending the time limit for 
the preliminary results of the twelfth review of the antidumping duty 
order on tapered roller bearings and parts thereof, finished and 
unfinished, from the People's Republic of China. The period of review 
is June 1, 1998 through May 31, 1999. This extension is made pursuant 
to section 751(a)(3)(A) of the Tariff Act of 1930, as amended by the 
Uruguay Round Agreements Act.

EFFECTIVE DATE:  January 18, 2000.

FOR FURTHER INFORMATION CONTACT:  James Breeden, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington D.C. 20230; telephone 
(202) 482-1174.

SUPPLEMENTARY INFORMATION:  We have determined that this review will 
require the analysis of additional factors not present in prior 
reviews. See the January 5, 2000, Memorandum from Deputy Assistant 
Secretary for AD/CVD Enforcement Richard W. Moreland to Assistant 
Secretary for Import Administration Robert S. LaRussa on file in the 
public file of the Central Records Unit, B-099 of the Department. 
Because it is not practicable to complete this review within the 
originally anticipated time limit (i.e., March 2, 2000), the Department 
of Commerce (``the Department'') is extending the time limit for 
completion of the preliminary results to not later than June 30, 2000, 
in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended by the Uruguay Round Agreements Act (``the Act'').
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: January 6, 2000.
Richard W. Moreland,
Deputy Assistant Secretary for AD/CVD Enforcement.
[FR Doc. 00-1102 Filed 1-14-00; 8:45 am]
BILLING CODE 3510-DS-P
**COURT OF APPEALS**

**TENTH DISTRICT OF TEXAS**

****

December 28, 2016

No. 10-15-00152-CR

ERRIC BERNARD PORTIS, JR.

v.

THE STATE OF TEXAS

From the 361st District Court

Brazos County, Texas

Trial Court No. 13-05016-CRF-361

**JUDGMENT**

This Court has reviewed the briefs of the parties and the record as relevant to the issues raised in this proceeding and finds that no reversible error is presented.  Accordingly, the trial court's judgments signed on April 16, 2015 are affirmed.

A copy of this judgment will be certified by the Clerk of this Court and delivered to the trial court clerk for enforcement.

						PER CURIAM

****SHARRI ROESSLER, CLERK

By: ___________________________

				Nita Whitener, Deputy Clerk

# image1.png

# image2.jpeg

# image3.png
§ 25.853 Compartment interiors. For each compartment occupied by the crew or passengers, the following apply: ( a ) Materials (including finishes or decorative surfaces applied to the materials) must meet the applicable test criteria prescribed in part I of appendix F of this part, or other approved equivalent methods, regardless of the passenger capacity of the airplane.
( b ) [Reserved]
( c ) In addition to meeting the requirements of paragraph (a) of this section, seat cushions, except those on flight crewmember seats, must meet the test requirements of part II of appendix F of this part, or other equivalent methods, regardless of the passenger capacity of the airplane.
( d ) Except as provided in paragraph (e) of this section, the following interior components of airplanes with passenger capacities of 20 or more must also meet the test requirements of parts IV and V of appendix F of this part, or other approved equivalent method, in addition to the flammability requirements prescribed in paragraph (a) of this section: ( 1 ) Interior ceiling and wall panels, other than lighting lenses and windows;
( 2 ) Partitions, other than transparent panels needed to enhance cabin safety;
( 3 ) Galley structure, including exposed surfaces of stowed carts and standard containers and the cavity walls that are exposed when a full complement of such carts or containers is not carried; and
( 4 ) Large cabinets and cabin stowage compartments, other than underseat stowage compartments for stowing small items such as magazines and maps.
( e ) The interiors of compartments, such as pilot compartments, galleys, lavatories, crew rest quarters, cabinets and stowage compartments, need not meet the standards of paragraph (d) of this section, provided the interiors of such compartments are isolated from the main passenger cabin by doors or equivalent means that would normally be closed during an emergency landing condition.
( f ) Smoking is not allowed in lavatories. If smoking is allowed in any area occupied by the crew or passengers, an adequate number of self-contained, removable ashtrays must be provided in designated smoking sections for all seated occupants.
( g ) Regardless of whether smoking is allowed in any other part of the airplane, lavatories must have self-contained, removable ashtrays located conspicuously on or near the entry side of each lavatory door, except that one ashtray may serve more than one lavatory door if the ashtray can be seen readily from the cabin side of each lavatory served.
( h ) Each receptacle used for the disposal of flammable waste material must be fully enclosed, constructed of at least fire resistant materials, and must contain fires likely to occur in it under normal use. The capability of the receptacle to contain those fires under all probable conditions of wear, misalignment, and ventilation expected in service must be demonstrated by test.
[Amdt. 25-83, 60 FR 6623, Feb. 2, 1995, as amended by Amdt. 25-116, 69 FR 62788, Oct. 27, 2004]