alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion issued July 31 , 2018

In The 

## Court of Appeals

For The 

## First District of Texas

———————————— NO. 01

- 18

- 00132

- CV

——————————— IN RE NEXTGEAR CAPIT AL, INC. , Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION
Relator, NextGear Capital, Inc., has filed a petition for writ of mandamus
challenging the trial court’s denial of its motion to dismiss based on forum

- selection

clause. 1 We deny the petition.

1 The underlying case is Alireza Delavari Maryan d/b/a Texas Financial Group v. NextGear Capital, Inc., US Financial Auto Credit, LLC, Melissa Webb Brya nt, and Saeid Hashemnezad , cause number 2017

- 63452, pending in the 151st District Court of Harris County, Texas, the Honorable Mike Engelhart presiding.2 PER CURIAM

Panel consists of Justices Higley, Brown, and Caughey.
### OFFICE OFTHE A3TORNEY GENERAL OFTEXAS AUSTIN

mnuwable U. Lee O'Daniel eoreraor of **Texas** 

### balstln,

Tfmua DearBiFr

w40,~ request* an opial respeot 

### te the aboveOdbJ full as +ollows~

S Of fhe etaeen theUr&t&l St&e0 oi the united Liezirssn states ruary 1, ie38, &all be cadbeograpblcalpart of the fitate of s&allbe tier the oitil ml G$l-baal jurisdiotlonof tales&d state,, 

### ~~~.fytlng the awnersbip of the

. *x dsdxts to cum your ottealifon to that portion of the &Ii aM.ab Feac?.a~ *Thatupont3loac3optan3e of this A&~tbe State of TJrir*. IFAllyou please lnform 130T&O is 8uthmod uader the law to awq~t thfs hat on b3half of t&he 2t3fx3of -lhxast*
hll voluntary sots 0P the State, rhether o? cijBpwltlon or 0thm7is3, afYw "f state-oTwd property are In tholr nctore leglelat te and not judiaial or oxocutive. This principle or governlT3ntdotms t&o policy cf the 

### State,ttoidelscfxl by 

### thelopopena&- li53nts conwrnlllg publlC l=ndo in the 5stter of sales, lea3oa axl tJaolike. Thus, patents for ladl en&n&* from tho Stat3 ara required to he fssu3U in thb mm3 and by the wthority or t&o stat3 lmaer i&t.! seal of t&o 6tote and of th3 Land offioo, slgwd by the oo*ernor sod wunter-signed by tbc **fhTUidSBi0~.** (Rfn. Cd.+.Stat. Art. 6413) Forfeitwas of sales of 'Lam%for mm-prjglentof interest are authorimd to b3 **8ntoreii by**  **the** Cozriltdssioner

of the Goneral Lami office and rel.Mtatecpnts are llkmriec ~ParideiXPer by &ticle 6326. Lwms aratforfeitures of swh leasos of lUaa sr6 lim**TisO** &-tl'%VidBd **w StatUteS.**  **(k ’** **tlClt38** 6331 t@ 6L338)

**rUting a**  **-f Crf**  **the skiti**  **the %Ilfkt** 

Sheceaats msrely serve the m&y gzUnals who wt Sor t&e State in aarryhg oat the St&et*13 Wclare& yolfoiee, but tbs oontrel itsolf 2.6that of takestate thrwgh theLBgzaX.ature.

HO precise 4mf3eIn 

## potithaB oooleto oar attentlon, the nearest 

### appmaah being ia th3 

## *tter OF 

### the &oxuti.on

madeby Areher Y. LIunttn(lton to the Begents uf the Unlvtwelty Op Texas In tam& for certcrln Stat0 **purpww, of**  **date** Oataber **I, 3927.**  **It w&as**  that this donation was 3vtiexmmi by a de@ duly executed and pfae34Iof raoortlupon the deed reetmk of 'Salvoston Coimtg, where%= the land6 fer3 situated. TMreupm, by siolple

### rsciolutlum X0. 61, P~3uadat p. 304 of Senate jourpal of tb0 regnlsr eesetrm of t&3 

### 41stLaglolature (lQ2Q) a resolutian of thanks uws 

### tenderedto tiledonor.

up011tho wnsiderstlon3 htwe 3xpewed you aT3 resp3atfull.y3WieeO It is th3 opi@en of this depa3dTrentt&at the L3g~u1atuzxlof 'Eexasta the mmstitut& gwernmatal ageM ef the State, **.by** appv-ffonorable

### W.We O%uxlrtl - Pago 3

priate 

### act to awept the lands eedod 

### by the Cmgress to the state of Paxizefor thoilndted gul-pwes el.am#rate&. This it nny do, either upan its OTn inltlat1vi3 ar npnn the rt3comendation of t&e Gw0rnor. 

# 1'78

APPRCVEDMAR 15, 1940

ATTORNEY GENERAL OF TEXAS

-
# HEALTH AND SAFETY CODE
SECTION 43025-43031.5

* * * * [deleted text] * * * *

43027. The following civil penalties apply to the following acts
not included within Section 43026: (a) Any person who willfully and intentionally violates any provision of this part, or any rule, regulation, permit, variance, or order of the state board, pertaining to fuel requirements and standards, is liable for a civil penalty of not more than two hundred fifty thousand dollars ($250,000), and the prosecuting agency shall include a claim for an additional penalty in the amount of any economic gain that otherwise would not have been realized from the sale of the fuel determined to be in noncompliance. (b) Any person who negligently violates any provision of this part, or any rule, regulation, permit, variance, or order of the state board, pertaining to fuel requirements and standards, exclusive of the documentation requirements specified in subdivision (d), is liable for a civil penalty of not more than fifty thousand dollars ($50,000). (c) Any person who violates any provision of this part, or any rule, regulation, permit, variance, or order of the state board, pertaining to fuel requirements and standards, exclusive of the documentation requirements specified in subdivision (d), is strictly liable for a civil penalty of not more than thirty-five thousand dollars ($35,000). (d) Any person who enters false information in, or fails to keep, any document required to be kept pursuant to any provision of this part, or any rule, regulation, permit, variance, or order of the state board, pertaining to fuel requirements and standards, is strictly liable for a civil penalty of not more than twenty-five thousand dollars ($25,000). In determining the amount of the penalty to be assessed under this subdivision, the court, or in reaching any settlement, the Attorney General or the state board, shall take into consideration, in addition to subdivision (b) of Section 43031, the specific circumstances and intent of the defendant in making the false entry or in failing to keep the document.



### * * * * [deleted text] * * * *

Source: http://www.leginfo.ca.gov/cgi

‐ bin/displaycode?section=hsc&group=43001

‐ 44000&file=43025

‐
43031.5
#### Sweet *et al.*v. Bean *et al.,*appellants.

*Voluntary conveyance—fraud and undue influence.*

Plaintiffs, one an old man eighty years of age, the other his wife, younger hut enfeebled by sickness, by voluntary deed conveyed a valuable farm and personal property of considerable amount, being all the husband’s property, to defendant, a man twenty-five years old, who lived with them and had their confidence. It was claimed by defendant that he was to pay plaintiff’s debts and support them during their lives. The deed of the farm contained a reservation of the use of the farm for life to plaintiffs or the survivor, but defendant executed no covenant on his part to pay the debts or to support the plaintiffs, and entered into immediate possession of the property. A judgment setting aside the conveyance for fraud and undue influence was sustained.

Appeal from a judgment entered in favor of plaintiffs upon the report of a referee. The action was brought by Thomas Sweet and Sarah, his wife, against Edward F. Bean and wife to set aside a voluntary conveyance on the ground of fraud and undue influence.

*e. H. Benn,*for appellant.

*Smith & Hill,*for respondent.

Bockes, J.

The opinion is devoted to a review of the evidence.

*Judgment affirmed.*
21IJUL 9 PMI2:2t+	

Ca1Chamber ,..k CAI.IttJIINIA CHAMI3I.R 

EXECUTIVE SECRETARAT 

The Honorable Ray H. LaHood

	

The Honorable Lisa Jackson 

Secretary, Department of Transportation	

Administrator, Environmental Protection Agency 

1200 New Jersey Avenue, SE

	

1200 Pennsylvania Avenue, NW 

Washington DC, 20590

	

Washington, DC 20004 

Re: New National Fuel Economy Standard for 2017 to 2025 

Dear Secretary LaHood and Administrator Jackson: 

As you develop new national fuel economy standards for 2017 to 2025, the California Chamber of 

Commerce encourages you to take a balanced, reasonable approach that promotes uniformity and 

encompasses a variety of technologies and needs. The CalChamber is a not-for-profit organization 

committed to helping California businesses survive and thrive while complying with complex laws and 

regulations. Our almost 15,000 members are a diverse group, and ranges from small employers to large 

employers. 

Transportation regulation and infrastructure plays an integral role in California's workforce. As you know 

many companies will be impacted by the price of fuel and fuel economy standard regulations. A 

balanced, sensible approach would have a positive impact on this vital industry as the new fuel standards 

put us on the path towards energy independence and efficiency. Jumping ahead in the development of 

regulations before all the appropriate data are collected however will negatively impact business, cost 

jobs, and slow economic recovery. 

The push to increase fuel efficiency standards before all the data are collected and analyzed can raise 

the cost of vehicles, upwards of $6,700 per vehicle according the Center for Automotive Research. This 

would be a disincentive for employers to invest in new fleet cars, and make it difficult for the average 

consumer to purchase cars for their own personal use. Automobile manufacturers would feel the pinch 

and the industry as a whole could be threatened. There needs to be a balanced approach to establishing 

higher fuel efficiency standards that are sensitive to the economy and protect jobs. Therefore, we 

encourage you to pursue policy that creates jobs, improves the economy and encourages businesses to 

invest in the state and in the nation. 

The CalChamber encourages you to take steps that will benefit the environment and the economy alike, 

which means that the new fuel standard must be implemented in a deliberative approach. 

Jeanne Cain 

Executive Vice President, Policy

1215 K Street SuRe 1400


Sacramento, CA 95814


916 444 6670


www.calchanthr.coin
C ^

U^ ^ .YEA .r,^=!c, Oi3^0 W^£Cz.B

^^-ıo
Exhibit 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Russell J. Howard, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge the Quarterly Report of Maxygen, Inc. on Form 10-Q for the quarterly
period ended June 30, 2004 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 on Form 10-Q fairly presents in all material respects the
financial condition and results of operations of Maxygen, Inc.



By:

/s/ Russell J. HowardName:

Russell J. HowardTitle:

Chief Executive OfficerDate:

August 6, 2004




I, Lawrence W.
Briscoe, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge the Quarterly Report of Maxygen, Inc. on Form 10-Q for the quarterly period ended June 30,
2004 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 on Form 10-Q fairly presents in all material respects the financial condition and
results of operations of Maxygen, Inc.



By:

/s/ Lawrence W. BriscoeName:

Lawrence W. BriscoeTitle:

Chief Financial OfficerDate:

August 6, 2004
**EXHIBIT 32.02**

 

**CERTIFICATION OF EXECUTIVE VICE PRESIDENT ANDCHIEF FINANCIAL OFFICER**

 

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of theSarbanes-Oxley Act of 2002, the undersigned officer of Entercom CommunicationsCorp. (the “Company”) hereby certifies, to such officer’s knowledge, that:

 

(i)    the accompanying Quarterly Report on Form 10-Qof the Company for the quarterly period ended June 30, 2009 (the “Report”)fully complies with the requirements of Section 13(a) or Section 15(d),as applicable, of the Securities Exchange Act of 1934, as amended; and

 

(ii)   the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 
| Date:  August 5, 2009 |                                                               |
|----------------------------|--------------------------------------------------------------------|
|                       |                                                               |
|                       |                                                               |
| By:                        | /s/  Stephen F. Fisher                                             |   |
| Name:                      | Stephen  F. Fisher                                                 |   |
| Title:                     | Executive  Vice President - Operations and Chief Financial Officer |   |
|                       | (principal financial officer)                                      |   |

 

*A signed original of this written statementrequired by Section 906 has been provided to Entercom Communications Corp.and will be retained by Entercom Communications Corp. and furnished to theSecurities and Exchange Commission or its staff upon request.*

 

1

----
# Fourth Court of Appeals

San Anton io, Texas

January 30, 2023

No. 04

- 23

- 00020

- CV

Maria V. BARBOSA

, Appellant

v.

Cristina GALAN

, Appellee

From the 218th Judicial District Court

, Atascosa County, Texas

Trial Court No. 16

- 10

- 0898

- CVA
Honorable John D. Gabriel Jr. , Judge Presiding



### O R D E R

The reporter’s record was originally due January 10, 2023, but was not filed. Based on

our records, it appears that there are two court reporters involved in this case: Cynthia D. Spicer and Julie Verastegui. On January 19, 2023, Ms. Spicer filed a notification of late record, stating that her volume of the reporter’s record was not filed becaus e appellant had failed to pay or make arrangements to pay the court reporter’s fee for preparing the record and that appellant was not entitled to appeal without paying the fee. We therefore ORDER appellant to provide written proof to this court that eithe r: (1) Ms. Spicer’s fee has been paid or arrangements have been made to pay Ms. Spicer’s fee; or (2) appellant is entitled to appeal without paying Ms. Spicer’s

fee by February 9, 2023 . If appellant files written proof of payment as provided in this order,

we ORDER Ms. Spicer to file her volume of the record within thirty days of the date of that filing.

On January 20, 2023, Ms. Verastegui filed a notification of late record stating that she did not learn of the appeal until January 9, 2023 and needed addi tional time to complete the record. On January 27, 2023, Ms. Verastegui filed an amended notification of late record, which stated that another court reporter

— presumably Ms. Spicer

— “covered the second day of the bench trial.” Ms. Verastegui therefore reque sted an extension of time to file the record until March 19, 2023 “so [she] can file the entire record at the same time.” After consideration, we GRANT Ms. Verastegui’s request in part and ORDER Ms. Verastegui to file her volume of the reporter’s

record by March 1, 2023 . We DENY Ms. Verastegui’s request to extend her deadline until after the completion of Ms. Spicer’s volume of the record.If appellant does not provide written proof to this court that she has paid Ms. Spicer’s fee

as provided in this order , appellant’s brief will be due thirty days after the filing of Ms. Verastegui’s volume of the record, and the court will consider only those issues or points raised in appellant’s brief that do not require Ms. Spicer’s volume of the reporter’s record for a decision. See T EX

. R. A PP

. P. 37.3(c).

_________________________________ Beth Watkins , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 30th day of January, 2023

.

___________________________________ MICHAEL A. CRUZ

, Clerk of Court
Fourth Court of Appeals

San Antonio, Texas

June 15, 2022

No. 04-22-00249-CV

IN THE INTEREST OF S.J.S. AND J.P., Children

From the 73rd Judicial District Court, Bexar County, Texas

Trial Court No. 2021-PA-00577

Honorable Kimberly Burley, Judge Presiding

O R D E R

This is an accelerated appeal of the trial court’s order terminating appellants

mother and father’s parental rights. Appellants’ briefs were originally due to be filed on 

June 13, 2022. On June 13, 2022, father filed a motion requesting an extension of time to 

file his brief. On June 14, 2022, mother filed a motion requesting an extension of time to 

file her brief.

The disposition of this appeal is governed by the standards set forth in Rule 6.2 of 

the Texas Rules of Judicial Administration. TEX. R. JUD. ADMIN. 6.2. Accordingly, this 

appeal is required to be brought to final disposition within 180 days of the date the notice 

of appeal is filed. Id.

The motions are GRANTED, and appellants’ briefs must be filed no later than 

July 5, 2022. Given the time constraints governing the disposition of this appeal, 

further requests for extensions of time will be disfavored.

_________________________________

Lori I. Valenzuela, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 15th day of June, 2022.

___________________________________

MICHAEL A. CRUZ, Clerk of Court
Exhibit 10.1


 


AMENDMENT
NO. 1 TO EXECUTIVE EMPLOYMENT AGREEMENT


 


THIS AMENDMENT NO. 1
TO EXECUTIVE EMPLOYMENT AGREEMENT (“Amendment”) is entered into as of May 14, 2020 by and between TFF
Pharmaceuticals, Inc., a Delaware corporation (“Company”), and Glenn Mattes (“Executive”).


R E C I T A L


 


A.       The
parties hereto have previously entered into that certain Executive Employment Agreement dated December 20, 2018 (the “Employment
Agreement”).


B.       The
parties hereto desire to amend the Employment Agreement as set forth below.


A G R E E M E
N T


 


NOW,
THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the parties agree as follows:


 


1.                 
Section 3(a) of the Employment Agreement is hereby amended by deleting it in its entirety and replacing it with the following
new Section 3(a):


“(a)
Base Salary. During the Employment Term, beginning on the Effective Date, the Company will pay Executive as compensation for
his services a base salary of $400,000 per annum, provided that as of June 1, 2020 the base salary shall be increased to $450,00
(the “Base Salary”). The Base Salary will be paid in regular installments in accordance with the Company’s
normal payroll practices (subject to required withholding). The first and last payment will be adjusted, if necessary, to reflect
a commencement or termination date other than the first or last working day of a pay period. The Board will review the Executive’s
performance, generally on an annual basis, with increases, if any, to the Base Salary, as determined by the Board in its sole discretion.”


2.                 
This Amendment may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but
all of which together shall constitute one and the same instrument.


3.                 
Except as set forth in this Amendment, all other provisions of the Employment Agreement shall remain in full force and effect.


 


[SIGNATURE PAGE TO AMENDMENT NO. 1

TO EXECUTIVE EMPLOYMENT AGREEMENT FOLLOWS]


 






    


     


    

 


IN WITNESS WHEREOF,
the parties hereto have entered into this Amendment as of the date first written above.


 





	 	“Company”


 


TFF Pharmaceuticals, Inc.,

a Delaware corporation


 


By:/s/ Kirk Coleman


Kirk Coleman,


Chief Financial Officer


 


 


“Executive”


 


/s/ Glenn Mattes


Glenn Mattes
[Federal Register Volume 71, Number 227 (Monday, November 27, 2006)]
[Notices]
[Page 68669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9415]


=======================================================================
-----------------------------------------------------------------------

UNITED STATES INSTITUTE OF PEACE


Notice of Meeting

Date/Time: Tuesday, November 28, 2006, 9 a.m.-3 p.m.

Location: 1200 17th Street, NW., Suite 200, Washington, DC 20036-3011.

Status: Open Session--Portions may be closed pursuant to Subsection (c) 
of Section 552(b) of Title 5, United States Code, as provided in 
subsection 1706(h)(3) of the United States Institute of Peace Act, 
Public Law 98-525.

Agenda: November 28, 2006 Board Meeting; Approval of Minutes of the One 
Hundred Twenty-Fourth Meeting (September 28, 2006) of the Board of 
Directors; Chairman's Report; President's Report; Budget Update; Iraq 
Study Group Update; Other General Issues.

Contact: Tessie F. Higgs, Executive Office, Telephone: (202) 429-3836.

    Dated: November 20, 2006.
Patricia P. Thomson,
Executive Vice President, United States Institute of Peace.
[FR Doc. 06-9415 Filed 11-22-06; 10:33 am]
BILLING CODE 6820-AR-M
##### 



Exhibit 32 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350 Michael V. Shustek, as Chief Executive Officer of Vestin Group, Inc. (the
Company), and Lance K. Bradford, as Chief Financial Officer of the Company,
hereby certify, pursuant to 18 U.S.C. §1350, that (1) the Companys Quarterly Report of Form 10-QSB for the quarterly
period ended June 30, 2004 as filed with the Securities and Exchange Commission
on the date hereof (the Report) fully complies with the applicable
requirements of Section 13(a) or Section 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. Dated: August 16, 2004
    
    /s/ Michael V. ShustekMichael V. ShustekChief Executive Officer ofVestin Group, Inc.Dated: August 16, 2004
    
    /s/ Lance K. BradfordLance K. BradfordChief Financial Officer ofVestin Group, Inc.
 35
Exhibit 32.1

CERTIFICATION

The undersigned, as the Chief Executive Officer and Chairman of the Board, and as the
Chief Financial Officer, respectively, of CompuCredit Corporation, certify that, to the best of their knowledge and belief, the Quarterly Report on Form 10-Q for the period ended March 31, 2006, which accompanies this certification fully
complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of
CompuCredit Corporation at the dates and for the periods indicated. The foregoing certifications are made pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350) and shall not be relied upon for any other purpose.

This 8th day of May, 2006.



/s/ DAVID G. HANNADavid G. HannaChief Executive Officer andChairman of the Board/s/ J.PAUL WHITEHEAD, IIIJ.Paul Whitehead, IIIChief Financial Officer


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 within the electronic version of this written statement required by Section 906, has been provided to CompuCredit Corporation and will be retained by
CompuCredit Corporation and furnished to the Securities and Exchange Commission or its staff upon request