alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Abatement Order filed October 1, 2020. 

In The

Fourteenth Court of Appeals

____________

NO. 14-20-00199-CV

____________

IN THE INTEREST OF A.D.B. AND A.D.B., MINOR CHILDREN

On Appeal from the 308th District Court

Harris County, Texas

Trial Court Cause No. 2013-52107

ABATEMENT ORDER

Appellants bring this appeal from a judgment signed December 19, 2019, 

following a non-jury trial. Appellants timely requested findings of fact and 

conclusions of law and timely reminded the trial court when the findings and 

conclusions were overdue. The trial court did not file the requested findings and 

conclusions. In their appellate brief, appellants ask this court to order the trial court 

to enter findings of fact and conclusions of law.

When an appellant timely files a request for findings of fact and conclusions 

of law and a timely notice of past-due findings, the trial court’s error in failing to 

file findings of fact and conclusions of law is generally presumed to be harmful, 
unless the record before the appellate court affirmatively shows that the 

complaining party has suffered no injury. See Cherne Indus., Inc. v. Magallanes, 

763 S.W.2d 768, 772 (Tex. 1989); Electronic Power Design, Inc., v. R.A. Hanson 

Co., Inc., 821 S.W.2d 170, 171 (Tex. App.—Houston [14th Dist.] 1991, no writ). 

Appellants aver in their motion that they cannot properly present or frame 

their issues without the findings and conclusions. In this case, therefore, we cannot 

say that the record affirmatively discloses no injury. Because the trial judge 

continues to serve on the district court, the error in this case is remediable. See 

Tex. R. App. P. 44.4. The proper remedy is to abate the appeal and direct the trial 

court to correct its error. See Zeiba v. Martin, 928 S.W.2d 782, 786 (Tex. App.—

Houston [14th Dist.] 1996, no writ). 

We ORDER the trial court to file findings of fact and conclusions of law 

within twenty days of the date of this order. Within ten days after the trial court has 

filed findings of fact and conclusions of law, any party may file a request for 

specified additional or amended findings or conclusions. The trial court shall file 

any additional or amended findings that are appropriate within ten days after such a 

request is filed. The trial court’s findings of fact and conclusions of law, and any 

additional and amended findings or conclusions, shall be included in a 

supplemental clerk’s record to be filed with this court within fifty days of the date 

of this order. 

The appeal is abated, treated as a closed case, and removed from this court’s 

active docket. The appeal will be reinstated on this court’s active docket when the 

trial court’s findings and recommendations are filed in this court. This court also 

will consider an appropriate motion to reinstate the appeal filed by any party, or the 

court may reinstate the appeal on its own motion. 
PER CURIAM

Panel consists of Chief Justice Frost and Justices Wise and Bourliot.
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# District: 1
Federal Reserve Bank of: Boston

## Filings received during the week ending May 18, 2013

|Filer                        | Filing Type    | Filing Proposal                                                                                                                                                                         | End of Comment Period                              
|---------------------------- | -------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------
|GREENFIELD CO-OPERATIVE BANK | * Branch       | Application by Greenfield Co-operative Bank, Greenfield, Massachusetts, to establish a branch at 176 Avenue A, Turners Falls, Massachusetts, pursuant to Section 208.6 of Regulation H. | Newspaper:06/01/2013Federal Register:Not applicable
|Newspaper:                   | 06/01/2013    
|Federal Register:            | Not applicable

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

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New York
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Philadelphia
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Cleveland
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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
PARTNERSHIP'S STATEMENTS OF EARNINGS AND BALANCE SHEETS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                         338,828
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               338,828
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 808,533
<CURRENT-LIABILITIES>                            5,114
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     803,419
<TOTAL-LIABILITY-AND-EQUITY>                   808,533
<SALES>                                              0
<TOTAL-REVENUES>                                19,682
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               110,034
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (90,352)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (90,352)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (90,352)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
```

[Journal of the House of Representatives, 1995]
[Thursday, June 15, 1995 (80), Para 80.29 Deletions of Sponsors from Public Bills and Resolutions]
[Page 1009]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.80.29  deletions of sponsors from public bills and resolutions

  Under clause 4 of rule XXII, sponsors were deleted from public bills 
and resolutions as follows:

       H.R. 774: Mr. Calvert.
       H.R. 1289: Mr. Fattah.
```
**EXHIBIT 32.1****OFFICERS’ CERTIFICATION**     Each of the undersigned hereby certifies in his capacity as an officer of DiagnosticProducts Corporation (“DPC”) that the Quarterly Report of DPC on Form 10-Q for the period endedMarch 31, 2006, fully complies with the requirements of Section 13(a) of the Securities ExchangeAct of 1934 and that the information contained in such report fairly presents, in all materialrespects, the financial condition of DPC at the end of such period and the results of itsoperations for such period.   Dated May 10, 2006 /S/ Michael Ziering     Michael Ziering, Chief Executive Officer     /S/ James L. Brill     James L. Brill, Chief Financial Officer
#### William Tozer, *as Administrator, etc., Respondent, v.*The New York Central and Hudson River Railroad Company, *Appellant.*

Judgment and order affirmed. Opinion by

Hardin, J.
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
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New York
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Philadelphia
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Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

# District: 11
Federal Reserve Bank of: Dallas

## Filings received during the week ending January 19, 2013

|Filer             | Filing Type    | Filing Proposal                                                                                                    | End of Comment Period                                 
|----------------- | -------------- | ------------------------------------------------------------------------------------------------------------------ | ------------------------------------------------------
|FROST BANK        | * Branch       | Frost Bank, San Antonio, Texas, to establish a branch to be located at 1200 McKinney Street, Houston, Texas 77010. | Newspaper:Not availableFederal Register:Not applicable
|Newspaper:        | Not available 
|Federal Register: | Not applicable

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

---

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  us
EXHIBIT 23.1

CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We
consent to incorporation by reference in the Registration Statements (Form S-8, No. 333-94983, and Form S-3, No. 333-48890) of PMR Corporation of our report dated June 15,
2001, except for Note 17, as to which the date is July 19, 2001, with respect to the consolidated financial statements and schedule of PMR Corporation included in its Annual Report
(Form 10-K) for the year ended April 30, 2001.



San
Diego, California
July 23, 2001

---

QuickLinks
|   | (1)    | The Report fully complies with the requirements      of section 13(a) or 15(d) of the Securities and 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. |

|         Date:      February 12, 2009 | By* */s/ John H. Venette *       *      John H. Venette       Principal Financial Officer** |
|------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------|
Exhibit 32

              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 Oak Ridge Micro-Energy, Inc. (the
"Registrant") on Form 10-KSB for the period ended December 31, 2005, as filed
with the Securities and Exchange Commission on the date hereof (the
"Annual Report"), I, Mark Meriwether, CEO, President, Secretary/Treasurer
and director of the Registrant, 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 Annual 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 Annual Report fairly presents,
in all material respects, the financial condition and result of operations of
the Registrant.

Dated: 3/30/2006                         /s/Mark Meriwether
                                         -------------------------
                                         President
                                         CEO
                                         Secretary
                                         Treasurer
                                         Director
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

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C.  Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in Sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Child Health and Human Development Special Emphasis Panel, Health Behavior in School-Age Children.                    

*Date:*                         August 6, 2007.                    

*Time:*                         8 a.m. to 5 p.m.                    

*Agenda:*                         To review and evaluate contract proposals.                    

*Place:*                         Hilton Washington/Rockville, Previously Double Tree Hotel, 1750 Rockville Pike, Rockville, MD 20852.                    

*Contact Person:*                         Hameed Khan, PhD, Scientific Review Administrator, Division of Scientific Review, National Institute of Child Health and Human Development, NIH, 6100 Executive Blvd., Room 5B01, Bethesda, MD 20892, (301) 435-6902,                         *Khanh@mail.nih.gov*.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.309, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS)

Dated: July 12, 2007.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 07-3526 Filed 7-19-07; 8:45 am]

BILLING CODE 4140-01-M
#### B. F. Thompson v. The State.

*No. 191.*

*Decided June*7.

1. Information—Election Between Counts.—Where an information-contained two or more counts relating to the same transaction, it is not error for the court to refuse to compel the State to elect upon which count she would prosecute.

2. Charge of the Court, Exceptions to — Practice on Appeal.— An exception generally to the charge of the court is insufficient. An exception to the charge, to be entitled to notice on appeal, must point out the objection.

Appeal from the County Court of Limestone.' Tried below before-. Hon. W. Gr. Rucker, County Judge.

*266This was a prosecution for aggravated assault, under an information containing two counts; one charging the defendant, a person of robust health and strength, with an assault upon W. M. Bell, an aged and decrepit man; the other alleging the use of a pistol by the defendant, a dangerous and deadly weapon, in an angry and threatening manner, with intent to alarm said Bell, and under circumstances calculated to effect that object. On his trial, appellant was found guilty as charged, and his punishment assessed as a fine of $25.

The evidence was conflicting, but without stating the facts, suffice it to say, that if the testimony for the prosecution was true, the case was fully made out by the State.'

*Farrar, Kincaid & Williams,*for appellant.

*B. L. Henry,*Assistant Attorney-General, for the State.

HURT, Presiding Judge.

Appellant was convicted of aggravated assault and battery upon W. M. Bell, an aged and decrepit person, and his punishment assessed at $25. The evidence is conflicting. If Bell’s testimony be true, the appellant is guilty. On the other hand, if the version of the difficulty as given by appellant be correct, he is not guilty under either count. Counsel for the appellant requested the court to require the State to elect upon which count she would prosecute. This was refused. Both counts referring to the same transaction, the ruling was correct. There is a general exception to the charge of the court. This is not sufficient. It must point out the objection to the charge. The requested instructions refused by the court were not more favorable to appellant than those given on the same subjects. The judgment is affirmed.

*Affirmed.*

Judges all present and concurring.
#### Larkin *v.*Portsmouth.

The court cannot consider a petition for the abatement of a tax, unless it is presented within nine months after notice of the tax, according to the provisions of Gen. St., c. 53, *s.*11.

Petition for the abatement of a tax, filed June 12, 1877, more tban nine months after notice of the tax. The facts appear in the •opinion.

*Sackett,*for the plaintiff.

*Foster,*for the defendants.

Allen, J.

The tax was assessed against the plaintiff, a resident of Portsmouth, April 1, 1877, upon $3,000, money at interest. He had no money on hand, at interest, or on deposit; Before the assessment, the assessors gave seasonable notice to all persons liable to taxation, by posting a notice at the city hall and by publishing it in the newspapers, to render an account of their polls and estate. The plaintiff had no information of the notice, and rendered no account. He made application in writing to the assessors for an .abatement of the tax, September 3,1877. This was considered by them, and refused, December 13, 1877.

Selectmen and assessors may, for good cause, abate any tax assessed by them and their predecessors. If the assessors refuse, the person aggrieved, having first complied with the provisions of the law requiring a return under oath of his taxable property, may, within nine months after notice of the tax, and not afterwards, apply to the court for an abatement. Gen. St., *e.*53, *ss.*10, 11. If the plaintiff were equitably entitled to relief, by reason of accident, mistake, or misfortune, in his failure to make the required return (Gen. St., *e.*51, s. 2), and by the submission of his sworn statement that it was not in his power to make it *(id., s.*5), there is still the statute bar limiting the right of petition to the court for abatement to the period of'nine months after notice of the tax. A plain and positive provision of law cannot be disregarded, even for the purpose of correcting gross injustice. Relief has never been given against the general statute of limitations to a creditor with a just claim, who, through mistake or misfortune, has failed to seasonably bring his action *(Peabody's Petition,*40 N. H., 342); and the special statute limiting the time within which a petition for the abatement of an unjust tax must be brought is as binding as any other statute. The petition was presented too late, and cannot be entertained.

*Petition dismissed.*

Smith, J., did not sit: the others concurred.
Exhibit 32.2

CERTIFICATION

In
connection with the Quarterly Report on Form 10-Q of Biovest International, Inc. (the Company) for the three months ended December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Form
10-Q), I, Alan M. Pearce, Chief Financial Officer of the Company, hereby 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 Form 10-Q 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 Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the
Company.

Dated: July 8, 2010



|                                 
|---------------------------------
|/s/ Alan M. Pearce               
|Alan M. Pearce                   
|Chief Financial Officer, Director

This certification
accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and Exchange Commission, and is not to be incorporated by reference into any filing of Biovest International, Inc. under the Securities Act of 1933, as
amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.