alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

J AMES ABERNATHY

, Appellant,

v.

STATE OF FLORIDA

, Appellee.

No. 4D 2022

- 3318

[ February 21, 2024 ]

Appeal from the C ounty Court for the Fif teenth Judicial Circuit, Palm

Beach County; Marni A. Bryson

, Judge; L.T. Case No. 502022CT009348

.

Carey Haughwout, Public Defender, and Robert Porter, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Anesha Worthy, Assistant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

James Deane Abernathy appeals his convictions for driving under the influence and a resultant condition of probation. We affirm his conviction and sentence but reverse the court’s imposition of a monthly cost of supervision. Specifically, Abernathy argues the judge erred in ordering him to pay a $50 monthly cost of supervision as a condition of probation because the judge failed to orally pronounce the special condition during sentencing. The State concedes the court erred in imposing the $50 monthly cost and asks that we re mand the case to allow the court to reduce the cost to $40 per month. We agree with the State, reverse the court’s imposition of a $50 monthly cost, and remand for imposition of a cost of $40 per month. See, e.g., Sandoval v. State, 337 So. 3d 5, 7 (Fla. 4th DCA 2022) ; Paris v. State, 337 So. 3d 2, 3

– 4 (Fla. 4th DCA 2022)

.

Affirmed in part, reversed in part, and remanded

.

W ARNER
, C IKLIN and K UNTZ

, JJ., concur.

* * *2 Not final until disposition of timely filed motion for rehearing.
§ 3010.336 Exceptions to intermediate decisions. ( a ) *Briefs on exceptions and opposing exceptions.* Any party in a proceeding may file exceptions to any intermediate decision by first filing a notice of intent to file a brief on exceptions with the Commission within seven days after the date of issuance of the intermediate decision or such other time as may be fixed by the Commission. The brief on exceptions shall be filed with the Commission within 30 days after the date of issuance of the intermediate decision or such other time as may be fixed by the Commission. Any party to a proceeding may file a response to briefs on exceptions within 20 days after the time limited for the filing of briefs on exceptions or such other time as may be fixed by the Commission. No further response will be entertained unless the Commission, upon motion for good cause shown or on its own initiative, so orders.
( b ) *Filing and contents.* Briefs on exceptions and briefs opposing exceptions shall be filed in accordance with § 3010.330. In briefs on exceptions, the discussion of evidence, reasons and authorities shall be specifically directed to the findings, conclusions and recommendations in the intermediate decision to which exception is taken. Briefs on exceptions should not include a discussion of evidence and authorities on matters and issues to which no exception to the intermediate decision is taken. Briefs on exceptions and briefs opposing exceptions need not contain a statement of the case to the extent that it was correctly stated in either the intermediate decision or the brief on exceptions of another party to which reference is made.
( c ) *Failure to except results in waiver.* Any party who fails to except or object to any part of an intermediate decision in its brief on exceptions may not thereafter raise such exceptions or objections which shall be deemed to have been waived.
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-50730

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

REY ORTIZ

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:07-CR-1965-1

Before SMITH, BENAVIDES, and HAYNES, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Rey Ortiz has moved for leave to

withdraw and has filed a brief in accordance with Anders v. California, 386 U.S.

738 (1967). Ortiz has not filed a response. Our independent review of the record

and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly,

counsel’s motion for leave to withdraw is GRANTED, counsel is excused from

further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR.

R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

June 16, 2009

Charles R. Fulbruge III

Clerk
[Federal Register Volume 65, Number 116 (Thursday, June 15, 2000)]
[Notices]
[Pages 37597-37598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15084]


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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Notice of Applications for Certificates of Public Convenience and 
Necessity and Foreign Air Carrier Permits Filed Under Subpart Q During 
the Week Ending June 2, 2000

    The following applications for Certificates of Public Convenience 
and Necessity and Foreign Air Carrier Permits were filed under Subpart 
Q of the Department of Transportation's Procedural Regulations (See 14 
CFR 302.1701 et seq.). The due date for Answers, Conforming 
Applications, or Motions to Modify Scope are set forth below for each 
application. Following the Answer period DOT may process the 
application by expedited procedures.

[[Page 37598]]

Such procedures may consist of the adoption of a show-cause order, a 
tentative order or, in appropriate cases, a final order without further 
proceedings.
    Docket Number: OST-2000-7446
    Date Filed: May 30, 2000
    Due Date for Answers, Conforming Applications, or Motion to Modify 
Scope: June 20, 2000.
    Description: Application of Oneida Airlines, Inc. pursuant to 49 
U.S.C. 41101 and subpart B, applies for a Certificate of Public 
Convenience and Necessity authorizing interstate scheduled air 
transportation of persons, property and mail under 49 U.S.C. 41102.

Dorothy Y. Beard,
Federal Register Liaison.
[FR Doc. 00-15084 Filed 6-14-00; 8:45 am]
BILLING CODE 4910-62-P
<TABLE> <S> <C>

<ARTICLE>                                         5

<S>                                                 <C>
<PERIOD-TYPE>                                         YEAR
<FISCAL-YEAR-END>                                     DEC-31-1999
<PERIOD-START>                                        JAN-01-1999
<PERIOD-END>                                          DEC-31-1999
<CASH>                                                      1,017
<SECURITIES>                                                    0
<RECEIVABLES>                                               2,255
<ALLOWANCES>                                                    0
<INVENTORY>                                                     0
<CURRENT-ASSETS>                                            3,272
<PP&E>                                                    130,207
<DEPRECIATION>                                            (78,276)
<TOTAL-ASSETS>                                             55,203
<CURRENT-LIABILITIES>                                   4,129,307
<BONDS>                                                         0
<PREFERRED-MANDATORY>                                           0
<PREFERRED>                                                     0
<COMMON>                                                   37,925
<OTHER-SE>                                                      0
<TOTAL-LIABILITY-AND-EQUITY>                               55,203
<SALES>                                                   132,503
<TOTAL-REVENUES>                                          132,503
<CGS>                                                     667,858
<TOTAL-COSTS>                                           3,173,650
<OTHER-EXPENSES>                                             (520)
<LOSS-PROVISION>                                                0
<INTEREST-EXPENSE>                                        185,656
<INCOME-PRETAX>                                        (3,894,141)
<INCOME-TAX>                                                    0
<INCOME-CONTINUING>                                    (3,894,141)
<DISCONTINUED>                                                  0
<EXTRAORDINARY>                                                 0
<CHANGES>                                                       0
<NET-INCOME>                                           (3,894,141)
<EPS-BASIC>                                                 (0.49)
<EPS-DILUTED>                                               (0.49)


</TABLE>
**CERTIFICATION PURSUANT TO 18 USC, SECTION 1350,**


**AS ADOPTED PURSUANT TO SECTION 906**


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








In connection with the Annual Report of Humatech, Inc. (the "Company") on Form 10-KSB for the year ended April 30, 2004, as filed with the Securities and Exchange Commission on or about the date hereof (the "Report"), I, J.D. Rottweiler, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:





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





(2)  Information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.








Dated: September 8, 2004
/s/ J. D. RottweilerBy: J.D. RottweilerIts: Chief Financial Officer




A signed original of this written statement required by Section 906 has been provided to Humatech, Inc. and will be retained by Humatech, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Order entered December 1 5 , 2020

In The 

### Court of Appeals Fifth District of Texas at Dallas

No. 05

- 19

- 01367

- CR
DONALD NOLAN LEHMAN, Appellant

V.
THE STATE OF TEXAS, Appellee
On Appeal from the Crimi n al D ist rict Court No. 7

Dallas County, Texas Trial Court Cause No. F 18

- 76726

- Y

O RDER Before the Court is appellant ’s November 24, 2020 final motion for an

exte nsion of time to file his brief. We GRANT the motion and ORDER appellant ’s brief

, received on D ecember 1 0, 2020, filed as of the date of this order.

2020. The State ’ s brief is due January 15 , 2021

.

/ s/ ROBERT D. BURNS, III CHIE F JUSTICE
# C o u rt o f

A p p ea ls

o f t h e S t a te o f

G eo rg ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _

Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A2 0 A1 61 4 . W ASEEM DAKER v . ROBERT L. RUSSELL, I II

.

W as eem Dak er h as fi l ed an o ri g in al m an d am u s act io n i n t hi s Co u rt

, as k i n g t h i s

Co u rt to co m

pel a s u peri or co u rt ju d g e t o ru le o n m o t i o n s Dak er fi l ed in h i s cri m i n al

cas e. Th i s cas e i s n ot , h o wev er, s u b ject t o o ri g in al m an d am

u s rel i ef b y

o u r Co u rt

. Ap p el l at e co u rt s h av e m an d am u s au t h o ri ty i n ai d o f t h ei r ju ri s d i ct i o n , s ee Ga.

Co n s t

. o f 1 9 8 3

, Art

. VI, Sec. I, Par. IV, bu t t h e need t o res o rt t o t h e ap p el l at e co u rt s

fo r s u ch rel i ef is “ ex t rem el y rare” b ecau se “ t h e s u p eri o r co u rt s of t h i s st at e h av e t h e

p o wer, i n p ro p er cas es , t o i s s u e p ro ces s i n t h e na tu re of m an d am u s , p ro h i b i t i o n,

s p eci fi c p erfo rm an ce, q u o warran t o , an d i n ju n ct i o n .” Br o wn v. Jo h n so n , 25 1 Ga. 4 3 6,

4 3 6 (3 0 6 SE2 d 6 5 5 ) (1 9 8 3). M o reo v e r , m a n d a m u s wi l l i s s u e “ o n ly i f (1 ) n o o t h er

a d e q u a te l eg al rem ed y i s av ai l ab l e t o effect u at e t h e rel i ef s o ug h t ; an d (2 ) t h e

ap p li can t h as a cl ear l eg al ri g h t t o s u ch rel i ef.” B i b b Co u n t y v. Mo n r oe Co u n t

y , 2 9 4

Ga. 7 3 0 , 7 3 4 (2 ) (7 5 5 SE2 d 7 6 0 ) (2 0 1 4 ).

Th i s i s n o t o n e of t h e ex t rem el y rare i ns t an ces i n wh i ch t h i s Co u rt wi ll ex erci s e

o r i g i n al m an dam

u s ju ri s d i ct i o n

. See Ga

y v. Owen s , 2 9 2 Ga. 48 0

, 4 8 2 -4 83 (2 ) (7 3 8

SE2 d 6 14 ) (2 0 1 3 ). Un t i l Dak er h as p u rs u ed m an d am u s rel i ef i n s u p eri o r co u rt an d

o b t ai n ed a ru l i n g th ereo n , t h ere i s n o b as i s fo r t hi s Co u rt t o ex erci s e j u ri sd i ct i o n

. See

Br o wn , 2 5 1 Ga. at 4 3 6-4 37

. Acco rd i n g ly

, t h i s p et i t io n fo r a w r i t o f m an d am u s i s

h ereb y DISM ISSED. August 13, 2020C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia

C le r k ’ s O f f i c e
, A t la n t a
,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r t i f y t h a t t h e a b o v e i s a tr u e e x t r a c t f r o m

t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i tn e s s m y s i g n a t u r e a n d t h e s e a l o

f s a i d c o u r t

h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. 08/13/2020
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 Annual Report of Health Enhancement Products, Inc. a Nevada corporation (the Company), on Form 10-KSB for the annual period ending December 31, 2003 as filed with the Securities and Exchange Commission (the Report), I, Howard R. Baer, Chief Executive Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350), that to my knowledge:



(1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and



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







Date: March 31, 2004

/s/ Howard R. Baer

Howard R. Baer

Chief Executive Officer
OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXA

P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

6/17/2015 Hg! \/w\/L COA No

Perez, Jose Diaz Tr. Ct. No. 18,373 

On this day, this Court has granted the Appellant's Pro Se Motion 

9.3(b) T.R.A.P. ^^IS^#

A

12TH COURT OF APPEALS CLERK

CATHY LUSK

1517 W. FRONT, ROOM 354

TYLER, TX 75701

* DELIVERED VIA E-MAIL *
#### THE PEOPLE ex rel. EMMA LEE and others *v.*BUTLER H. BIXBY AND OTHERS, CONSTITUTING A COURT OF SPECIAL Sessions, Respondents.

*Indecent exposure*— ‘ ‘ *Public place ’ ’*— *Joint comiction.*

Where six women made an indecent exposure of their persons for hire, in the presence of five men, in a room in the rear of the second story of a house of prostitution, the doors, windows and shutters being closed, *held,*that the room where it occurred was a “ public place,” and that the women were properly convicted of the crime of indecent exposure.

The offense being a misdemeanor committed by all the relators at the same time, each aiding and abetting every other, *held,*that they might be jointly prosecuted and convicted. *(Rex*v. *Orchard,*3 Cox, 248; *Rex*v. *Harris,*11 id., 659.)

Certiorari to review the conviction of the relators of the crime of indecent exposure.

*637
      *William F. Howe,*for the relators.

*B. K. Phelps,*district attorney, for the respondents.

Opinion by

Davis, P. J.

Brady and Daniels, JJ., concurred.

Proceedings affirmed and writ dismissed.
###### Editorial Note on Part 67

#### Editorial Note:

Nomenclature changes to part 67 appear by USCG-2001-10714, 69 FR 24983, 24984, May 5, 2004.

#### § 67.20-1 Class “A” structures.

Class “A” structures shall be the structures erected in an area where Class “A” requirements must be met.
Final Listing of Questionnaire Files for Steam Electric Rulemaking Record

Plant ID 09861

Removed 

from Public 

(Non-CBI) 

Docket1

Copyright 

Flag2

File Name Description

09861\09861_HardcopyLog.doc EPA log of hardcopy documents submitted

x 09861\09861_Part A.xls Plant submitted survey file

x 09861\09861_Part B.xls Plant submitted survey file

x 09861\09861_Part C.xls Plant submitted survey file

x 09861\09861_Part D.xls Plant submitted survey file

x 09861\09861_Part H.xls Plant submitted survey file

09861\Certification Statement Plant ID 09861.pdf Plant certification statement

09861\Supplemental Documents\09861_(A5-2) Urquhart Station Aerial Map.pdf Plant submitted supplemental files to the survey

x 09861\Supplemental Documents\09861_(A5-3) Urquhart WBD.pdf Plant submitted supplemental files to the survey

09861\Supplemental Documents\09861_(C2-13) Urquhart 3 Planned Fly Ash System.pdf Plant submitted supplemental files to the survey

x 09861\Supplemental Documents\09861_(C2-19) Urquhart Fly Ash Conversion Cost.pdf Plant submitted supplemental files to the survey

x 09861\Supplemental Documents\09861_(C2-31) Urquhart 3 Existing Fly Ash System.pdf Plant submitted supplemental files to the survey

x 09861\Supplemental Documents\09861_(D3-1) Urquhart Pond Diagrams.pdf Plant submitted supplemental files to the survey

x 09861\09861_Checklist.xls EPA Technical Review Checklist Workbook

09861\09861_Completeness_Checklist.xls EPA Completeness Review Checklist

1

 Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database . 

2

 Copyright documents are available from the docket.
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 Alaska Airlines, Inc. (the Company) on
Form 10-Q for the period ended September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Bradley D. Tilden, Chief Financial Officer of the Company, certify, pursuant to 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, as amended; and



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



|                        |  |                      
|----------------------- |  | ---------------------
|                        | 
|By                      |  | /s/ Bradley D. Tilden
|Bradley D. Tilden      
|Chief Financial Officer
|November 9, 2005
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 527 Agreed to Senate (ATS)]

110th CONGRESS
  2d Session
S. RES. 527

    Designating April 23, 2008, as ``National Adopt A Library Day''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2008

     Mr. Webb (for himself and Mr. Warner) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
    Designating April 23, 2008, as ``National Adopt A Library Day''.

Whereas libraries are an essential part of our communities and our national 
        system of education;
Whereas the citizens of the United States benefit significantly from libraries 
        that serve as an open place for people of all ages and backgrounds to 
        make use of books and other resources that offer pathways to learning, 
        self-discovery, and the pursuit of knowledge;
Whereas the libraries of the United States depend on the generous donations and 
        support of individuals and groups to ensure that those who are unable to 
        purchase books still have access to a wide variety of resources;
Whereas certain nonprofit organizations facilitate donations of books to schools 
        and libraries across the country to extend the joys of reading to 
        millions of people in the United States and prevent used books from 
        being thrown away; and
Whereas several States and Commonwealths that recognize the importance of 
        libraries and reading have adopted resolutions commemorating April 23 as 
        ``Adopt A Library Day'': Now, therefore, be it
    Resolved, That the Senate--
            (1) designates April 23, 2008, as ``National Adopt A 
        Library Day'';
            (2) honors organizations that help facilitate donations to 
        schools and libraries;
            (3) urges all people in the United States who own unused 
        books to donate those books to local libraries;
            (4) strongly supports children and families who take 
        advantage of the resources provided by schools and libraries; 
        and
            (5) encourages the people of the United States to observe 
        the day with appropriate ceremonies and activities.
                                 <all>
```
V

106TH CONGRESS

2D SESSION H. R. 5201

For the relief of Richard Steinmetz.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 18, 2000

Mr. SAXTON introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

For the relief of Richard Steinmetz.

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

3 SECTION 1. RELIEF OF RICHARD STEINMETZ.

4 The Secretary of the Treasury shall pay, out of any

5 money in the Treasury not otherwise appropriated, to

6 Richard Steinmetz of Vincentown, New Jersey,

7 $25,000.00 for services rendered and costs incurred in ob8 taining the ship’s bell from the C.S.S. ALABAMA and re9 turning that bell to the United States.

10 SEC. 2. FULL SATISFACTION.

11 The relief under section 1 shall, when accepted by

12 or on behalf of Richard Steinmetz, be in full satisfaction
2

•HR 5201 IH

1 of all claims of or on behalf of Richard Steinmetz against

2 the United States or against any officer, employee, or

3 agent of the United States acting within the scope of em4 ployment or agency, for payment for the services and costs

5 described in section 1.

6 SEC. 3. LIMITATION ON ATTORNEY FEES.

7 It shall be unlawful for an amount exceeding 10 per8 cent of the amount paid pursuant to section 1 to be paid

9 to, or received by, any agent or attorney for any service

10 rendered in connection with the claim described in such

11 section. Any person who violates this section shall be

12 guilty of an infraction, and shall be subject to a fine in

13 the amount provided in title 18, United States Code.

Æ
I

106TH CONGRESS

2D SESSION H. R. 5206

To provide funding for MTBE contamination.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 19, 2000

Mrs. CAPPS (for herself, Mr. WAXMAN, and Ms. ESHOO) introduced the

following bill; which was referred to the Committee on Commerce

A BILL

To provide funding for MTBE contamination.

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

3 SECTION 1. FUNDING FOR MTBE CONTAMINATION.

4 Notwithstanding any other provision of law, there is

5 authorized to be appropriated to the Administrator of the

6 Environmental Protection Agency from the Leaking Un7 derground Storage Trust Fund not more than

8 $200,000,000 to be used for taking such action as the Ad9 ministrator deems necessary to protect human health and

10 the environment from releases of methyl tertiary butyl

11 ether (MTBE) from underground storage tanks.

Æ