alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Dismissed and Memorandum Opinion filed May 7, 2024

In The

Fourteenth Court of Appeals

NO. 14-24-00238-CV

LAWRENCE EDWARD THOMPSON, Appellant

V.

UNKNOWN HARRIS COUNTY SHERIFF'S DEPUTY/JAILER, Appellee

On Appeal from the County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 1195687

MEMORANDUM OPINION

This is an attempted appeal from an order dismissing the underlying case for 

want of prosecution signed December 4, 2023. On January 10, 2024, appellant 

filed an untimely and unverified motion to reinstate the appeal. See Tex. R. Civ. P. 

165a(3) (providing that a motion to reinstate must be verified and filed within 30 

days after the order of dismissal is signed). Because the motion was not timely 

filed, the appellate deadlines were not extended. See Tex. R. App. P. 26.1(a)(3) 

(extending deadline for filing notice of appeal to 90 days when a timely motion to 
2

reinstate has been filed). Accordingly, appellant’s notice of appeal was due January 

3, 2024. See Tex. R. App. P. 26.1. Appellant filed his notice of appeal on February 

26, 2024. 

Appellant’s notice of appeal was not filed timely. A motion to extend time is 

necessarily implied when an appellant, acting in good faith, files a notice of appeal 

beyond the time allowed by Texas Rule of Appellate Procedure 26.1, but within 

the 15-day grace period provided by Rule 26.3 for filing a motion to extend time. 

See Verburgt v. Dorner, 959 S.W.2d 615, 617–18 (1997) (construing the 

predecessor to Rule 26). Appellant’s notice of appeal was not filed within the 15-

day period provided by Texas Rule of Appellate Procedure 26.3.

On April 10, 2024, notification was transmitted to all parties the appeal was 

subject to dismissal without further notice for want of jurisdiction. See Tex. R. 

App. P. 42.3(a). Appellant filed no response. 

Accordingly, we dismiss the appeal. 

PER CURIAM 

Panel consists of Justices Jewell, Bourliot, and Poissant.
Janice K. Brewer

Governor

May 2, 2014

ARIZONA DEPARTMENT

ENVIRONMENTAL QUALITY

1110 West Washington Street • Phoenix, ArIzona 85007

(602) 771-2300 • www.azdeq.gov

TO: Eric Massey

Division Director

Air Quality Division

Under A.R.S. §49-104(D)(2), I authorize you, Eric Massey, Division Director, Air Quality

Division, Arizona Department ofEnvironmental Quality, to perform any act, including execution

of any pertinent documents, which I as Director ofthe Arizona Department ofEnvironmental

Quality am authorized or required to do by law with respect to A.R.S. Title 49, chapters 1 and 3

and any other acts relating to air quality including personnel actions.

This authority shall remain in effect until it is revoked or upon your separation from the Arizona

Department ofEnvironmental Quality. You may further delegate this authority in the best

interest ofthe agency, however, those delegations must be in writing and you must forward a

copy ~f any further delegations to me.

This delegation is effective May 2, 2014, and revokes all earlier delegations. I ratify all acts

performed by you as Air Quality Division Director concerning the duties and functions in this

delegation letter.

Henry /S~-~~ ~ Darwin

Direct6r

Northern Regional Office

1801 W. Route 66 • Suite 117 • Flagstaff, AZ 86001

(928) 779-0313

Southern Regional Office

400 West Congress Street • Suite 433 • Tucson, AZ 85701

(520) 628—6733

Henry R. Darwin

Director
446 A.2d 674

#### Guzman, Appellant v. Famco Machine Co.

*582Submitted June 1, 1981.

Anthony B. Quinn, for appellant; John J. Marquess, for appellee;!

Before ROWLEY, McEWEN and MONTEMURO, JJ.

Order affirmed.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-7806
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus STACEY LAVOIS WHITE, Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Frank W. Bullock, Jr., Chief District Judge. (CR-91-58-G, CA-96-234-2) Submitted: February 13, 1997 Decided: February 27, 1997 Before WIDENER and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Stacey Lavois White, Appellant Pro Se. Paul Alexander Weinman, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order denying his 28 U.S.C. § 2255 (1994) motion. We have reviewed the record and thedistrict court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss on the reasoning of the district court. United States v. White , No. CR-91-58-G; CA-96-234-2 (M.D.N.C. Nov. 7, 1996). We dispense with oral argument because thefacts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
(Reap. Dec. 10110)

#### Promotional Imports, Inc. *v.*United States

Entry Nos. 937890; 26946-WH.

(Decided November 30, 1961)

*JoJm D. Rode*for tbe plaintiff.

*William S. Orrick, Jr.,*Assistant Attorney General, for the defendant.

Eao, Judge:

The two appeals for reappraisement listed above have been submitted for decision upon the following stipulation:

> iIT IS HEREBY STIPULATED AND AGREED by and between counsel for the plaintiff and the Assistant Attorney General for the United States, subject to the approval of the Court, that the merchandise involved in the above-listed appeals consists of defective infant’s gabardine sets manufactured in Hong' Kong and exported therefrom to the United States in January, 1960, and imported into the United States after the effective date of the amendment of Section 402, Tariff Act of 1930, by the Customs Simplification Act of 1956; that this merchandise does not appear on the list of articles designated by the Secretary of the Treasury and published in T.D. 54521 pursuant to Section 6 of the Customs Simplification Act of 1956.

> IT IS FURTHER STIPULATED AND AGREED that at the date of exportation of the merchandise involved herein the market value or the price at which said merchandise was freely sold or offered for sale to all purchasers in the principal markets of Hong Kong in the usual wholesale quantities and in the ordinary course of trade for exportation to the United States, including the cost of all containers and coverings of whatever nature, all other expenses incident to placing the merchandise in condition, packed, ready for shipment to the United States was U.S. $4.95 per dozen sets net packed.

> IT IS FURTHER STIPULATED AND AGREED that the case may be submitted for decision on the basis of the foregoing stipulation.

On tbe agreed facts, I find export value, as that value is defined in section 402 (b) of the Tariff Act of 1930, as amended by the Customs Simplification Act of 1956, to be the proper basis for the determination of the value of the merchandise covered by said appeals, and that such value was United States $4.95 per dozen sets, net packed.

Judgment will be entered accordingly.
Before the First Division,

October 3, 1950

No. 54710.

#### Samuel Riba and Samuel Riba, Inc. *v.*United States,

protests 137703-K and 138333-K (New York).

Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the' merchandise consists of gold- and silver-colored beads similar in all material respects to those the subject of Abstract 54251, the claim at 35 percent under paragraph 1503 was sustained.
C OURT OF A PPEALS FOR THE F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER Appellate case name: Terry Smith v. The State of Texas Ap pellate case number: 01
- 12
- 00661
- C R , 01
- 12
- 00662
- CR, 01
- 12
- 00663
- CR Trial court case number: 10
- DCR
- 055807A (Counts I, II, III) Trial court: 400 th District Court of Fort Bend County Appellant’s brief was first due in the above

- referenced appeals on December 3, 2012. T he Court granted an extension of time to file appellant’s brief through February 1, 2013. On February 5, 2013, the Court granted a second extension to file the brief through April 2, 2013, stating that, absent extraordinary circumstances, no further exten tions would be granted. On March 29, 2013, the Court granted a third extension of time to file the brief through May 17, 2013, once again stating that, absent extraordinary circumstances, no further extentions would be granted. On May 9, 2013, appellant filed a fourth motion for extension of time to file a ppellant’s brief. The motion is denied . Appellant’s brief must be filed no later than May 28 , 2013 . If appellant’s brief is not filed by that date, the Court will abate the appeal for a hearing to det ermine whether substitute counsel should be appointed. See T EX . C ODE C RIM . P ROC . A NN . a r t. 26.04(j)(2) (West Supp. 2012 ) ; T EX . R. A PP . P. 38.8(b) . It is so ORDERED . Judge’s signature:

__

/s/

_ Laura C. Higley

______________________________________ X Acting individually  Acting for the Court Date: May 22, 2013
OFFICE OF THE COMMISSIONER

Mr. Dennis 1. DeVany Chief, EAS and Domestic Analysis Office ofAviation Analysis U.S. Department ofTransportation 1200NewJersey Avenue, SE Washington, DC 20590 RE: DOT-OST 1998-4899 Dear Mr. DeVany: January 19,2011 SEAN PARNELL, GOVERNOR 3132 CHANNEL DRIVE PO Box 112500 JUNEAU, ALASKA 99811-2500 FAX: (907) 586-8365 PHONE: (907) 465-3900



## »
l.v N

This letter is to express support for the continuation ofthe Essential Air Service (EAS) program in Alaska and the crucial connection it brings to ourremote communities. Due to the isolated location ofthese communities and the complete lack ofany road system connection, this subsidized air service is their only form ofscheduled air transportation. The communities ofCordova, Gustavus, Petersburg, Wrangell, and Yakutat depend on scheduled airfreight, passenger and mail service for basic necessities, routine medical and health services, and economic welfare. The State ofAlaska continues to assert that the local residents are bestpositioned to commenton particular schedules or air carriers and therefore we leave those specific areas for the community to comment on. I respectfully urge USDOT to support and continue the EAS service to these Southeast communities. Sincerely, 

# 1\

# l~ ./ Steven D. Hatter Deputy Commissioner ofAviation

cc: Marc Luiken, Commissioner, DOT&PF
Before the Third Division,

November 18, 1960

No. 64908.

#### Arnhold Ceramics, Inc., et al. *v.*United States,

protests 267156-K, etc. (New York).

Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise consists of resistors the same in all material respects as those the subject of Abstract 62740, the claim of the plaintiffs was sustained.
No. 47401.

#### Protest 81601-K of Mrs. T. J. Watts (Galveston).

Opinion by

Keefe, J.

From an examination of the record the court was unable to find anything sufficient to overcome the presumption of correctness attaching to the collector’s action. The protest was therefore overruled.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

United States District Court

Eastern District of California 

Frederick Osborne,

Plaintiff, No. Civ. S 04-2450 GEB PAN P

vs. Order

California Department

of Corrections,

Defendant.

-oOoPlaintiff seeks leave to proceed in forma pauperis in a

civil rights action. December 22, 2004, the court gave plaintiff

30 days to submit the trust account statement required by 28

U.S.C. § 1915(a)(2), sent to plaintiff the form application for

leave to proceed in forma pauperis and warned him that failure to

comply would result in this file being closed.

The 30 days have passed and plaintiff has not submitted an

application for leave to proceed in forma pauperis.

Case 2:04-cv-02450-GEB-PAN Document 7 Filed 05/12/05 Page 1 of 2
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

2

Accordingly, this file is closed.

So ordered.

Dated: May 12, 2005. 

 /s/ Peter A. Nowinski 

 PETER A. NOWINSKI

 Magistrate Judge

Case 2:04-cv-02450-GEB-PAN Document 7 Filed 05/12/05 Page 2 of 2
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 the Treasury

###### Internal Revenue Service 

# AGENCY:

Internal Revenue Service (IRS), Treasury. 

# ACTION:

Notice. 

# SUMMARY:

An open meeting of the Area 2 Taxpayer Advocacy Panel will be conducted in Raleigh, NC. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. 

# DATES:

The meeting will be held Wednesday, April 25, Thursday, April 26, and Friday, April 27, 2007. 

# FOR FURTHER INFORMATION CONTACT:

Inez E. De Jesus at 1-888-912-1227 (toll-free), or 954-423-7977 (non toll-free). 

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Area 2 Taxpayer Advocacy Panel will be held Wednesday, April 25, 2007 from 1 p.m. to 5 p.m. ET, Thursday, April 26, 2007 from 8 a.m. to 12 p.m. and from 1 p.m. to 5 p.m. ET and Friday, April 27, 2007 from 8 a.m. to 12 p.m. ET. For information or to confirm attendance, notification of intent to attend the meeting must be made with Inez De Jesus. Ms. De Jesus may be reached at 1-888-912-1227 or 954-423-7977, or write Inez E. De Jesus, TAP Office, 1000 South Pine Island Rd., Suite 340, Plantation, FL 33324, or post comments to the Web site:                     *http://www.improveirs.org.*

The agenda will include the following: Various IRS issues. 

Dated: March 12, 2007. 

John Fay, 

Acting Director, Taxpayer Advocacy Panel.

[FR Doc. E7-4967 Filed 3-19-07; 8:45 am] 

BILLING CODE 4830-01-P
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                           30417
<SECURITIES>                                         0
<RECEIVABLES>                                   165635
<ALLOWANCES>                                     10500
<INVENTORY>                                     581624
<CURRENT-ASSETS>                                814763
<PP&E>                                         1976580
<DEPRECIATION>                                (408802)
<TOTAL-ASSETS>                                 2576182
<CURRENT-LIABILITIES>                          1956340
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        445
<COMMON>                                           644
<OTHER-SE>                                     6027578
<TOTAL-LIABILITY-AND-EQUITY>                   2576182
<SALES>                                         737300
<TOTAL-REVENUES>                                737300
<CGS>                                           610863
<TOTAL-COSTS>                                   610863
<OTHER-EXPENSES>                               2524677
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (71642)
<INCOME-PRETAX>                              (2469882)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (2469882)
<EPS-BASIC>                                   (0.26)
<EPS-DILUTED>                                   (0.26)


</TABLE>
<PAGE>

                                                                     EXHIBIT 4.1

INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE

[TippingPoint Technologies, Inc. Logo]

Number - C

Shares

Common Stock

THIS CERTIFICATE IS TRANSFERABLE IN NEW YORK, NY AND RIDGEFIELD PARK, NJ

CUSIP 888011 10 3

SEE REVERSE FOR CERTAIN DEFINITIONS

THIS CERTIFIES that __________________ is the owner of ______________.

FULLY PAID AND NON-ASSESSABLE SHARES OF COMMON STOCK OF THE PAR VALUE OF $0.01
PER SHARE, OF TIPPINGPOINT TECHNOLOGIES, INC.

transferable on the books of the Corporation by the holder hereof in person or
by duly authorized attorney, upon surrender of this certificate properly
endorsed. This certificate is not valid unless countersigned by the Transfer
Agent and registered by the Registrar.

WITNESS the seal of the Corporation and the signatures of its duly authorized
officers.

Dated:

CHAIRMAN OF THE BOARD OF DIRECTORS

SECRETARY

COUNTERSIGNED AND REGISTERED:

MELLON INVESTOR SERVICES LLC
TRANSFER AGENT AND REGISTRAR

BY

AUTHORIZED SIGNATURE

[Corporate Seal]

<PAGE>

TIPPINGPOINT TECHNOLOGIES, INC.

The following abbreviations, when used in the inscription on the face of this
certificate, shall be construed as though they were written out in full
according to applicable laws or regulations:

TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship and not as tenants in
common
UNIF GIFT MIN ACT - ________ Custodian _________ under Uniform Gifts to
                            (cust)             (Minor)
Minors


Act ________
    (State)

Additional abbreviations may also be used though not in the above list.

For Valued Received, ________________ hereby sell(s), assign(s) and transfer(s)
unto ___________________

PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE

PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING POSTAL ZIP CODE, OF
ASSIGNEE

_______________ Shares of the Stock represented by the within Certificate, and
do(es) hereby irrevocably constitute and appoint ________________ Attorney to
transfer the said stock on the books of the within-named Corporation, with full
power of substitution in the premises.

Dated:

X        (SIGNATURE)

X        (SIGNATURE)

NOTICE: THE SIGNATURE(S) TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME(S) AS
WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR WITHOUT ALTERATION
OR ENLARGEMENT OR ANY CHANGE WHATEVER.

THE SIGNATURE(S) MUST BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS,
STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP IN
AN APPROVED SIGNATURE GUARANTEE MEDALLION PROGRAM), PURSUANT TO S.E.C. RULE
17Ad-15.

SIGNATURE(S) GUARANTEED BY:
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-22-00004-CV

RATTLESNAKE RIDGE VENTURES, LLC,

Appellant

v.

Alicia ORTIZ, Individually and as Next Friend of M.D.M. and A.D.M.,

Appellee

From the 229th Judicial District Court, Starr County, Texas

Trial Court No. DC-21-372

Honorable Baldemar Garza, Judge Presiding

BEFORE JUSTICE ALVAREZ, JUSTICE CHAPA, AND JUSTICE VALENZUELA

In accordance with this court’s opinion of this date, the trial court’s December 15, 2021 

order denying Rattlesnake Ridge Ventures, LLC’s special appearance is REVERSED.

We VACATE the trial court’s January 10, 2022 order granting Alicia Ortiz’s motion to 

show authority and striking Rattlesnake Ridge Ventures, LLC’s special appearance and answer 

pleadings.

We RENDER judgment dismissing Alicia Ortiz’s claims against Rattlesnake Ridge 

Ventures, LLC for want of personal jurisdiction.

We tax costs of court for this appeal against Alicia Ortiz.

Rattlesnake Ridge Ventures, LLC’s June 28, 2022 motion to stay trial court proceedings is 

MOOT.

SIGNED August 3, 2022.

_____________________________

Patricia O. Alvarez, Justice
# C_2011007EN.01003001.xml

| 12.1.2011 | EN | Official Journal of the European Union | C 7/30 |
| --- | --- | --- | --- |

12.1.2011

EN

Official Journal of the European Union

C 7/30

---

Corrigendum to the update of the list of border crossing points referred to in Article 2(8) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (
  OJ C 316, 28.12.2007, p. 1
  ;
  OJ C 134, 31.5.2008, p. 16
  ;
  OJ C 177, 12.7.2008, p. 9
  ;
  OJ C 200, 6.8.2008, p. 10
  ;
  OJ C 331, 31.12.2008, p. 13
  ;
  OJ C 3, 8.1.2009, p. 10
  ;
  OJ C 37, 14.2.2009, p. 10
  ;
  OJ C 64, 19.3.2009, p. 20
  ;
  OJ C 99, 30.4.2009, p. 7
  ;
  OJ C 229, 23.9.2009, p. 28
  ;
  OJ C 263, 5.11.2009, p. 22
  ;
  OJ C 298, 8.12.2009, p. 17
  ;
  OJ C 74, 24.3.2010, p. 13
  ;
  OJ C 326, 3.12.2010, p. 17
  )

OJ C 316, 28.12.2007, p. 1

OJ C 134, 31.5.2008, p. 16

OJ C 177, 12.7.2008, p. 9

OJ C 200, 6.8.2008, p. 10

OJ C 331, 31.12.2008, p. 13

OJ C 3, 8.1.2009, p. 10

OJ C 37, 14.2.2009, p. 10

OJ C 64, 19.3.2009, p. 20

OJ C 99, 30.4.2009, p. 7

OJ C 229, 23.9.2009, p. 28

OJ C 263, 5.11.2009, p. 22

OJ C 298, 8.12.2009, p. 17

OJ C 74, 24.3.2010, p. 13

OJ C 326, 3.12.2010, p. 17

(
  Official Journal of the European Union C 355 of 29 December 2010
  )

Official Journal of the European Union C 355 of 29 December 2010

2011/C 7/10

On page 34, under ‘Latvia’, ‘Air borders’:

for:

‘New border crossing point: Takuma lidosta (upon request)’,

read:

‘New border crossing point: Tukuma lidosta (upon request)’.

---
Exhibit 99.1

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report on Form 10-KSB of Viastar Holdings,
Inc. (the "Company") for the period ended December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, George
J. Malasek, President and Chief Executive Officer of the Company, certify,
pursuant section 906 of the Sarbanes-Oxley Act of 2002, that:

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

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

/s/ George J. Malasek
----------------------
George J. Malasek
Chief Executive Officer,
Chairman of the Board
April 11, 2003
Before the Third Division,

December 18, 1958

No. 62615.

#### Somerset Importers, Ltd. *v.*United States,

protest 122179-K (New York).

Opinion by

Johnson, J.

It was stipulated that the merchandise and issues are the same in all material respects as those in *Austin, Nichols & Co., Inc.*v. *United*
      *455
      *States*(22 Cust. Ct. 33, C. D. 1155). For the reasons stated in the cited authority, the first claim of the plaintiff was sustained. It was also stipulated that the merchandise, issues, and facts herein are similar to those involved in *United States*v. *Browne Vintners Co., Inc.*(34 C. C. P. A. 112, C. A. D. 351). Following the cited authority, it was held that an allowance in duties and internal revenue taxes should be made as to the merchandise respecting the quantities reported by the discharging inspector as not landed, or as manifested, not found. The protest was sustained to the extent indicated.