alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DENY and Opinion Filed December 28, 2021 

S 

In the 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-21-01155-CV 

IN RE WWLC INVESTMENT, LP F/K/A WLC INVESTMENT, LP, Relator 

Original Proceeding from the 416th Judicial District Court 

Collin County, Texas 

Trial Court Cause No. 416-04856-2015 

MEMORANDUM OPINION 

Before Justices Myers, Partida-Kipness, and Carlyle 

Opinion by Justice Carlyle 

Relator’s December 28, 2021 petition for writ of mandamus and motion for 

emergency relief challenge the portion of the trial court’s December 10, 2021 order 

requiring relator to pay $5,000 in sanctions to a non-party. Entitlement to mandamus 

relief requires relator to show that the trial court has clearly abused its discretion and 

that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 

124, 135–36 (Tex. 2004) (orig. proceeding). 

As the party seeking relief, relator has the burden of providing the Court with 

a properly authenticated mandamus record establishing the right to mandamus relief. 

See TEX. R. APP. P. 52.3(k), 52.7(a); In re Butler, 270 S.W.3d 757, 759 (Tex. App.—

Dallas 2008, orig. proceeding) (requiring relator to submit certified or sworn record). 
 –2– 

Further, “[a] court cannot grant mandamus relief unless the error was raised in the 

trial court.” In re Rowes, No. 05-14-00606-CV, 2014 WL 2452723, at *1 (Tex. 

App.—Dallas May 30, 2014, orig. proceeding) (mem. op.). Based on the record 

before us, we conclude relator has not shown its entitlement to the relief requested. 

Accordingly, we deny the petition for writ of mandamus, and deny the motion for 

emergency relief as moot. 

211155F.P05 

/Cory L. Carlyle/ 

CORY L. CARLYLE 

JUSTICE
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          11,510
<SECURITIES>                                         0
<RECEIVABLES>                                   58,475
<ALLOWANCES>                                     1,604
<INVENTORY>                                     38,469
<CURRENT-ASSETS>                                 5,805
<PP&E>                                          31,416
<DEPRECIATION>                                  15,006
<TOTAL-ASSETS>                                 379,351
<CURRENT-LIABILITIES>                           64,154
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        88,569
<OTHER-SE>                                      14,364
<TOTAL-LIABILITY-AND-EQUITY>                   379,351
<SALES>                                        100,524
<TOTAL-REVENUES>                               100,524
<CGS>                                           63,846
<TOTAL-COSTS>                                   87,249
<OTHER-EXPENSES>                                 1,744
<LOSS-PROVISION>                                    72
<INTEREST-EXPENSE>                               4,243
<INCOME-PRETAX>                                  7,288
<INCOME-TAX>                                     3,200
<INCOME-CONTINUING>                              4,088
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  (654)
<CHANGES>                                            0
<NET-INCOME>                                     3,434
<EPS-BASIC>                                        .18
<EPS-DILUTED>                                      .18


</TABLE>
Exhibit 31.2

                                 CERTIFICATION


I, Gregory S. Fredrick, certify that:

         1. I have  reviewed  this  quarterly  report  on Form  10-QSB  of Human
Pheromone Sciences, Inc.;

         2. Based on my knowledge,  this  quarterly  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 quarterly  report,  fairly present in all material
respects the financial  condition,  results of operations  and cash flows of the
registrant as of, and for, the periods presented in this report;

         4. The registrant's  other certifying  officer(s) 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 registrant 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  registrant,  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 registrant's  disclosure controls
and  procedures  and  presented  in  this  report  our  conclusions   about  the
effectiveness of 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 changes in the  registrant's  internal
control over financial  reporting  that occurred  during the  registrant's  most
recent fiscal quarter that has materially  affected,  or is reasonably likely to
materially affect, the registrant's  internal control over financial  reporting;
and

         5. The registrant's  other certifying  officer(s) and I have disclosed,
based  on  our  most  recent  evaluation  of  internal  control  over  financial
reporting,  to the registrant's auditors and the audit committee of registrant's
board of directors (or persons performing the equivalent function):

         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  registrant'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 registrant's internal control
over financial reporting.


Date: August 11, 2003


/s/ Gregory S. Fredrick
-----------------------
Chief Financial Officer
(Reap. Dec. 10281)

Enetry Nos. M-1784; M-2349; M-3144.

#### Ford Motor Company *v.*United States

(Decided June 27, 1962)

*John A. Moelcle*and *James M. O’Boyle*for the plaintiff.

*Joseph D. Guilfoyle,*Acting Assistant Attorney General, for the defendant.

Oliver, Chief Judge:

The appeals for reappraisement enumerated in schedule “A,” hereto attached and made a part hereof, involve certain automobiles, exported from Ireland and entered at the port of Miami, Fla.

Stipulated facts, upon which the appeals have been submitted, establish that the proper basis for appraisement of the automobiles in question is cost of production, as defined in section 402a (f) of the Tariff Act of 1930, as amended, and that such statutory value therefor is, and I so hold, as follows:

> Anglia DeLuxe Prefect DeLuxe

> Material and Labor £281. 86 £292.81

> Usual General Expenses 28.19 29.28

> Profit 24.80 37.72

> Total £334.85 £359.81

> Plus £2.10 extra on each automobile for overriders and plus £2.75 extra on each automobile supplied with 4-ply white Sidewall Tubeless Tires in lieu of Standard.

Judgment will be rendered accordingly.

The conclusion follows *United States*v. *Ford Motor*Company, 46 Cust. Ct. 735, A.R.D. 124, the record in which case was incorporated herein by consent of the parties.
No. 66698.

#### National Silver Company *v.*United States,

protest 285906-K (Los Angeles).

Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise consists of porcelain tidbit plates similar in all material respects-to those the subject of *United States*v. *Butler Bros.*(33 C.C.P.A. 22, C.A.D. 310), the claim of the plaintiff was sustained.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1042 Engrossed in House (EH)]

  2d Session

                               H. R. 1042

_______________________________________________________________________

                                 AN ACT

 To amend the Controlled Substances Act to provide civil liability for 
illegal manufacturers and distributors of controlled substances for the 
         harm caused by the use of those controlled substances.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 1042

_______________________________________________________________________

                                 AN ACT

 
 To amend the Controlled Substances Act to provide civil liability for 
illegal manufacturers and distributors of controlled substances for the 
         harm caused by the use of those controlled substances.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Dealer Liability Act of 2000''.

SEC. 2. FEDERAL CAUSE OF ACTION FOR DRUG DEALER LIABILITY.

    (a) In General.--Part E of the Controlled Substances Act is amended 
by adding at the end the following:

``SEC. 521. FEDERAL CAUSE OF ACTION FOR DRUG DEALER LIABILITY.

    ``(a) In General.--Except as provided in subsection (b), any person 
who manufactures or distributes a controlled substance in a felony 
violation of this title or title III shall be liable in a civil action 
to any party harmed, directly or indirectly, by the use of that 
controlled substance.
    ``(b) Exception.--An individual user of a controlled substance may 
not bring or maintain an action under this section unless the 
individual personally discloses to narcotics enforcement authorities 
all of the information known to the individual regarding all that 
individual's sources of illegal controlled substances.''.
    (b) Clerical Amendment.--The table of sections for the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended 
by inserting after the time relating to section 520 the following new 
item:

``Sec. 521. Federal cause of action for drug dealer liability.''.

            Passed the House of Representatives October 10, 2000.

            Attest:

                                                                 Clerk.
```
```

[Federal Register Volume 77, Number 241 (Friday, December 14, 2012)]
[Notices]
[Page 74546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30243]

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

DEPARTMENT OF STATE

[Public Notice 8118]

Determination Concerning the Bolivian Military and Police

    Pursuant to the authority vested in the Secretary of State, 
including that set forth in the ``International Narcotics Control and 
Law Enforcement'' account of the Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2012 (Div. I, Pub. 
L. 112-74), I hereby determine that funds made available for assistance 
for Bolivian military and police are in the national security interest 
of the United States.
    This Determination shall be transmitted to the Congress and 
published in the Federal Register.

    Dated: November 25, 2012.
Hillary Rodham Clinton,
Secretary of State.
[FR Doc. 2012-30243 Filed 12-13-12; 8:45 am]
BILLING CODE 4710-29-P
```
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 83 Enrolled Bill (ENR)]

        H.J. Res.83

                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
   the sixth day of January, one thousand nine hundred and ninety-nine

                            Joint Resolution

 
 Making further continuing appropriations for the fiscal year 2000, and 
                           for other purposes.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Public Law 106-62 is 
further amended by striking ``November 18, 1999'' in section 106(c) and 
inserting ``December 2, 1999'', and by striking ``$346,483,754'' in 
section 119 and inserting ``$755,719,054''. Public Law 106-46 is 
amended by striking ``November 18, 1999'' and inserting ``December 2, 
1999''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
# FY2024

# FY2025

# FY2026

# FY2027

# FY2028

# FY2029

# FY2030

# FY2031

# FY2032

# FY2033

# FY2034

# FY2035

# FY2036

# FY2037

# FY2038
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 600 Engrossed in House (EH)]

<DOC>
H. Res. 600

                In the House of Representatives, U. S.,

                                                      November 2, 2017.
    Resolved, That upon adoption of this resolution it shall be in order to 
consider in the House the bill (H.R. 849) to repeal the provisions of the 
Patient Protection and Affordable Care Act providing for the Independent Payment 
Advisory Board. All points of order against consideration of the bill are 
waived. The amendment in the nature of a substitute recommended by the Committee 
on Ways and Means now printed in the bill shall be considered as adopted. The 
bill, as amended, shall be considered as read. All points of order against 
provisions in the bill, as amended, are waived. The previous question shall be 
considered as ordered on the bill, as amended, and on any further amendment 
thereto, to final passage without intervening motion except: (1) one hour of 
debate equally divided among and controlled by the chair and ranking minority 
member of the Committee on Energy and Commerce and the chair and ranking 
minority member of the Committee on Ways and Means; and (2) one motion to 
recommit with or without instructions.
            Attest:

                                                                          Clerk.
```
No. 50291.

#### Protests 57742-K, etc., of Inter-Maritime Forwarding Co., Inc. (New York).

Opinion by

Ekwall, J.

In accordance' with stipulation of counsel the court found that the facts herein agreed upon were such as to bring the case within the holding in *John Barr*v. *United States*(11 Cust. Ct. 88, C. D. 801), which record was incorporated herein. (See *John Barr*v. *United States,*324 U. S. 83, decided February 5, 1945.) In accordance therewith it was held that the currency of the invoices should be converted at the buying rate in the New York market at noon on the day .of exportation (the “free” rate of exchange for pounds sterling), as certified by the Federal Reserve bank and set forth by the collector on each of the entries. The protests were sustained to this extent.
A89A2248.

#### HUNNICUTT v. THE STATE.

(391 SE2d 790)

Birdsong, Judge.

Robert Hunnicutt appeals his conviction of aggravated child molestation for committing oral sodomy on a child under the age of 14 years, his two-and-one-half-year-old natural daughter. Among the errors alleged, he contends the trial court erred by permitting witnesses to testify under the Child Hearsay Statute (OCGA § 24-3-16). *Held:*

Hunnicutt’s second, third, and fifth enumerations of error contend the trial court erred by permitting witnesses to testify about statements his daughter made about the sexual act he allegedly committed. Hunnicutt contends the testimony was inadmissible under OCGA § 24-3-16 because the child was not available at the time the witnesses testified, since the trial court did not determine the child’s competency to testify, and the trial court did not specifically determine whether the statement had sufficient indicia of reliability.

We first direct our attention to Hunnicutt’s contention that the victim was not available to testify because the trial court did not determine she was not competent to testify under OCGA § 24-9-5, since a decision on that issue may render moot the other issues on appeal. Of course, a child “available to testify” in OCGA § 24-3-16 also means one competent to testify under OCGA § 24-9-5. *In the Interest of K. T. B.,*192 Ga. App. 132, 133-134 (384 SE2d 231); *Ward v. State,*186 Ga. App. 503 (368 SE2d 139). Further, for offenses occurring before April 19, 1989, including child molestation, a child incompetent as a witness is not available to testify and any out-of-court statements are not rendered admissible by OCGA § 24-3-16. *In the Interest of K. T. B.,*supra; *In the Interest of A. H.,*192 Ga. App. 692, 693 (385 SE2d 776).

The record shows Hunnicutt objected to the child’s testimony because of incompetency, but the trial court interpreted OCGA § 24-3-16 not to require such a ruling, and specifically refused to rule. In these circumstances, as the testimony under the Child Hearsay Act was the only evidence tending to prove Hunnicutt committed the offense, we must remand the case to the trial court for a ruling on the child’s competence, hence availability to testify. *In the Interest of A. H.,*supra; see *Moore v. State,*187 Ga. App. 387, 393 (370 SE2d 517).

*715Decided March 5, 1990.

*Denmark Groover, Jr.,*for appellant.

*Joseph H. Briley, District Attorney, Fredric D. Bright, Assistant District Attorney,*for appellee.

*Case remanded with direction.*

*Deen, P. J., and Cooper, J., concur.*
SECURITIES AND EXCHANGE COMMISSION
                             WASHINGTON, D.C. 20549

                                    FORM 8-K

                                 CURRENT REPORT

                       PURSUANT TO SECTION 13 OR 15(D) OF
                       THE SECURITIES EXCHANGE ACT OF 1934

       Date of Report (Date of earliest event reported): February 22, 2002

                            WAYPOINT FINANCIAL CORP.
                            ------------------------
               (Exact Name of Registrant as Specified in Charter)


Pennsylvania                            0-22399                 25-1872581
------------                            -------                 ----------
(State or Other Jurisdiction     (Commission File No.)       (I.R.S. Employer
of Incorporation)                                           Identification No.)



235 N. Second Street, Harrisburg, PA                              17101
----------------------------------------                          -----
(Address of Principal Executive Offices)                       (Zip Code)



Registrant's telephone number, including area code:  (717) 236-4041



                                 Not Applicable
                                 --------------
          (Former name or former address, if changed since last report)


<PAGE>


ITEMS 1, 2, 3, 4 AND 6:    NOT APPLICABLE

ITEM 5.   Other Events
          ------------

     On February 22, 2002, Waypoint Financial Corp. (the "Registrant") reported
the completion of the repurchase of 1,959,920 shares of common stock authorized
by its Board of Directors and announced that it has been authorized by the Board
to repurchase up to an additional 1,896,000 shares or approximately 5% of its
outstanding shares. A copy of the press release is filed as exhibit 99.1 hereto.

ITEM 7.   Financial Statements, Pro Forma Financial Information, and Exhibits
          -------------------------------------------------------------------

Exhibit 99.1      Press release.



<PAGE>


                                   SIGNATURES


Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned, hereunto duly authorized.



                                                     WAYPOINT FINANCIAL CORP.



DATE:  February 22, 2002                         By: /S/  James H. Moss
                                                     ---------------------------
                                                     James H. Moss
                                                     Executive Vice President
                                                     Chief Financial Officer



<PAGE>
|EXHIBIT 32.1
|------------



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

The undersigned hereby certifies in his capacity as Chief Executive Officer of Belair Capital Fund LLC (the Fund), that based on his knowledge:

|(a) | the Quarterly Report of the Fund on Form 10-Q for the quarter ended June 30, 2008 (the Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and
|--- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|   
|(b) | the information contained in the Report fairly presents, in all material respects, the financial condition and the results of operations of the Fund for such period.                                       
|   



|Date: August 8, 2008
|--------------------



| | /s/ Thomas E. Faust Jr.Thomas E. Faust Jr.Chief Executive Officer
| | -----------------------------------------------------------------

A signed original of this written statement required by Section 906 has been provided to the Fund and will be retained by the Fund and furnished to the Securities and Exchange Commission or its staff upon request.
---

Consent of Author

Ronald G. Simpson, P.Geo. 1975 Stephens Street
Vancouver, British Columbia Canada V6K 4M7

U.S. Securities and Exchange Commission

I, Ronald G. Simpson, P.Geo., certify that I have read the
written disclosure being filed and I do not have any reason to believe that
there are any misrepresentations in the information derived from the Technical
Report or that the written disclosure in the Form 20F of Hard Creek Nickel
Corporation contains any misrepresentation of the information contained in the
Technical Report and Mineral Resource Estimate, Turnagain Nickel Project dated
March 29, 2007.

I do hereby consent to the filing with the regulatory
authorities.

I consent to being an expert in the 2009 Form 20F.

Dated this 22nd day of June, 2010.

---
CERTIFICATION

PURSUANT TO SECTION 906 OF THE

SARBANES-OXLEY ACT OF 2002



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officers of Stream Communications Network & Media Inc. (the "Company"), hereby certifies, to such officers' knowledge, that:



1.

The Annual Report on Form 20-F for the year ended December 31, 2005 (the "Report") of the Company fully complies with the requirements of section 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.





Date: June 14, 2006



Iwona Kozak

President



Date: June 7, 2006



Casey Forward

Controller