alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DISMISS and Opinion Filed November 8, 2023 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-23-00821-CV 

AARON DRAKE, III, Appellant 

V. 

KATOHELINE DRAKE, Appellee 

On Appeal from the 254th Judicial District Court 

Dallas County, Texas 

Trial Court Cause No. DF-22-01299 

MEMORANDUM OPINION 

Before Justices Carlyle, Smith, and Kennedy 

Opinion by Justice Kennedy 

This appeal challenges the trial court’s November 7, 2022 final decree of 

divorce. No request for findings of fact or a motion for new trial or modify judgment 

was timely filed, and the conditions for a restricted appeal are not met. Accordingly, 

the notice of appeal was due within thirty days of judgment or December 6, 2022. 

See TEX. R. APP. P. 26.1(a), 26.3. The notice of appeal was filed August 21, 2023.

Because the timely filing of a notice of appeal is jurisdictional, we directed 

appellant to file a letter brief addressing the jurisdictional issue. See Brashear v. 

Victoria Gardens of McKinney, LLC, 302 S.W.3d 542, 545 (Tex. App.—Dallas 
 –2– 

2009, no pet.) (op. on reh’g) (timely filing of notice of appeal is jurisdictional). 

Appellant complied. In his letter brief, appellant asserts details about his marriage 

with appellee, but does not address our jurisdictional concerns. 

Because the notice of appeal was untimely filed, we dismiss the appeal and 

all pending motions for want of jurisdiction. See TEX. R. APP. P. 42.3(a). 

230821F.P05 

 

/Nancy Kennedy/

NANCY KENNEDY 

JUSTICE 
 –3– 

S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

AARON DRAKE III, Appellant 

No. 05-23-00821-CV V. 

KATOHELINE DRAKE, Appellee 

 On Appeal from the 254th Judicial 

District Court, Dallas County, Texas 

Trial Court Cause No. DF-22-01299. 

Opinion delivered by Justice 

Kennedy, Justices Carlyle and Smith 

participating. 

 In accordance with this Court’s opinion of this date, the appeal is 

DISMISSED. 

 It is ORDERED that appellee KATOHELINE DRAKE recover her costs, if 

any, of this appeal from appellant AARON DRAKE III. 

Judgment entered November 8, 2023.
Case No. 6,960.

#### In re HUTTO.

[3 N. B. R. 787 (Quarto, 191); 1 3 Am. Law T. 197; 1 Am. Law T. Rep. Bankr. 226.]

District Court, E. D. Texas.

1870.

Bankruptcy — Mortgage—Prior Lien —Waiver.

Where a mortgage was given by bankrupt, on five bales of cotton, while a lien existed on three hundred and twenty acres of land, in favor of mortgagee, which register claimed was a waiver of the prior lien, *held,*the register was in error. The lien on the iand was not waived, nor in any way affected, by the mortgage on the cotton. The creditor has a valid, subsisting lien upon said three hundred and twenty acres of land; and that the opposition of bankrupt thereto be overruled. The as-signee is. ordered to sell said land, according to law, to satisfy said lien.

[In bankruptcy. In the matter of Solomon Hutto.)

1

 [Reprinted from 3 N. B. R. 787 (Quarto., 191), by permission.)

DUVAL, District Judge.

I have carefully examined this case in connection with the questions certified to me for decision. My opinion is that the register was in error, when he held that the mortgage given by the bankrupt, on the five bales of cotton, was a waiver of the prior lien on the land. He should have held that the vendor’s lien upon the three hundred and twenty acres of land, claimed as a homestead by bankrupt, subsisted as against the same, in favor of the creditor, Joseph Werner. It is very clear to me, that this lien was not waived, or in any manner affected, by the mortgage given on the cotton. It is therefore adjudged that the said creditor has a valid, subsisting lien upon the said three hundred and twenty acres of land, and that the opposition made thereto by the bankrupt be overruled. It is further ordered that the assignee of said bankrupt do proceed to sell, according to law, the said tract of three hundred and twenty acres of land, to satisfy the lien existing thereon, in behalf of the creditor, Werner. The clerk will certify this decision to the assignee.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THERMO
VOLTEK CORP.'S QUARTERLY REPORT ON FORM 10-Q FOR THE QUARTER ENDED JUNE 28, 1997
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JAN-03-1998
<PERIOD-END>                               JUN-28-1997
<CASH>                                          14,605
<SECURITIES>                                     5,539
<RECEIVABLES>                                   10,405
<ALLOWANCES>                                       694
<INVENTORY>                                     11,682
<CURRENT-ASSETS>                                43,576
<PP&E>                                          10,238
<DEPRECIATION>                                   6,203
<TOTAL-ASSETS>                                  66,340
<CURRENT-LIABILITIES>                           13,422
<BONDS>                                          8,450
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           497
<OTHER-SE>                                      33,971
<TOTAL-LIABILITY-AND-EQUITY>                    66,340
<SALES>                                         21,604
<TOTAL-REVENUES>                                21,604
<CGS>                                           11,893
<TOTAL-COSTS>                                   11,893
<OTHER-EXPENSES>                                 1,870
<LOSS-PROVISION>                                   117
<INTEREST-EXPENSE>                                 580
<INCOME-PRETAX>                                  (279)
<INCOME-TAX>                                     (106)
<INCOME-CONTINUING>                              (173)
<DISCONTINUED>                                       0
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<NET-INCOME>                                     (173)
<EPS-PRIMARY>                                    (.02)
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</TABLE>
<PAGE>

                                                                   Exhibit 23.1

                   Consent of KPMG LLP, Independent Auditors

The Board of Directors
SonoSite, Inc.

   We consent to incorporation by reference in the registration statements
(Nos. 333-51820, 333-82739, 333-49401, 333-74833 and 333-60112) on Form S-8 and
registration statements (Nos. 333-68610 and 333-91083) on Form S-3 of SonoSite,
Inc. of our report dated February 14, 2002, relating to the consolidated
balance sheets of SonoSite, Inc. as of December 31, 2001 and 2000, and the
related consolidated statements of operations, cash flows and shareholders'
equity and comprehensive loss for each of the years in the three-year period
ended December 31, 2001 and the related financial statement schedule, which
report appears in the December 31, 2001 annual report on Form 10-K of SonoSite,
Inc.

                                   KPMG LLP

Seattle, Washington
February 22, 2002
EXHIBIT 13.1



Certification of Chief Executive Officer

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 Desert Sun Mining Corporation, a company organized under the Canada Business Corporations Act (the "Company") on Form 20-F/A for the fiscal year ended August 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, Stan Bharti, President/CEO/Director of the Company, certifies, pursuant to 18 U.S.C. (S) 1350, as adopted pursuant to (S) 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 result of operations

of the Company.



/s/ Stan Bharti____________________

Stan Bharti, President/CEO/Director





Date: June 30, 2004











EXHIBIT 13.2



Certification of Chief Financial Officer

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 Desert Sun Mining Corporation, a company organized under the Canada Business Corporations Act (the "Company") on Form 20-F/A for the fiscal year ended August 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, Stephen Woodhead, Chief Financial Officer of the Company, certifies, pursuant to 18 U.S.C. (S) 1350, as adopted pursuant to (S) 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 result of operations

of the Company.



/s/ Stephen Woodhead_____________________

Stephen Woodhead, Chief Financial Officer





Date: June 30, 2004
EX-10.2



 





Exhibit 10.2




Amendment to Employment Agreement




     This
Amendment to Employment Agreement (this “Amendment”) is entered into by and between
Douglas J. Pauls (hereinafter “Employee”) and Commerce Bancorp, Inc. (and all of its affiliates and
subsidiaries) (hereinafter collectively “Commerce”), a New Jersey business corporation, effective
as of the date written below. This Amendment amends the Amended and Restated Employment Agreement
between Employee and Commerce dated as of October 2, 2007 (the “Employment Agreement”).



     For purposes of complying with Section 409A of the Internal Revenue Code of 1986, as amended,
the last sentence of Section 7.1(b) of the Employment Agreement is deleted, and in its place, the
following sentence is added:




“If and only to the extent that it becomes necessary to reduce any compensation payable to
Employee in order to comply with this provision, then (i) the installment of the Change in
Control Payment to be paid to Employee on the third anniversary of the Closing Date shall be
reduced first, (ii) the installment of the Change in Control Payment to be paid to Employee
on the second anniversary of the Closing Date shall be reduced second, (iii) the installment
of the Change in Control Payment to be paid to Employee on the first anniversary of the
Closing Date shall be reduced third, (iv) the installment of the Change in Control Payment
to be paid to Employee on the Closing Date shall be reduced fourth, and (v) any other cash
payments to be paid to Employee shall be reduced fifth, commencing with those payments
payable latest in time and ending with those payments payable earliest in time under the
terms of this Agreement.”



     In addition, Section 7.1(c) of the Employment Agreement (for purposes of clarity, including
subsections (i) and (ii) thereof) is hereby deleted, and all references thereto are hereby deleted.



     All other terms of the Employment Agreement remain unamended. This Amendment may be signed in
counterparts, all of which shall be considered one and the same instrument.


IN WITNESS
WHEREOF, the parties hereto have duly executed this Amendment as of December 31, 2007.




	 	 	 	 	 	 	 
	 

	 	 	 	COMMERCE BANCORP, INC.
	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Robert D. Falese	 	 
	 

	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 

	 	 	 	EMPLOYEE	 	 
	 
	 	 	 	 	 	 
	 

	 	 	 	/s/ Douglas J. Pauls	 	 
	 

	 	 	 	 	 	 
	 

	 	 	 	Douglas J. Pauls
EXHIBIT C - SPECIMEN CERTIFICATE


               NOT VALID UNLESS COUNTERSIGNNED BY TRANSFER AGENT
               INCORPORTAED UNDER THE LAWS OF THE STATE OF NEVADA


Certificate No.                                                 Number of Shares

 - VOID -                        NOVAMED, INC.                         XXXXX
                   AUTHORIZED COMMON STOCK: 50,000,000 SHARES
                                PAR VALUE: $.001

THIS CERTIFIES THAT ----------SPECIMEN---------

IS THE RECORD HOLDER OF -----------VOID----------

                     -Shares of NOVAMED, INC. Common Stock-
tranferable  on the books of the  Corporation  in  person or by duly  authorized
attorney upon surrender of this Certificate properly endorsed.  This Certificate
is not valid until  countersigned  by the Transfer  Agent and  registered by the
Registrar.

     Witness the facsiile seal of the Corportion and facsimile
     signatures of its duly authorized officers.

Dated:
      ----------------

   /s/ D. Wareham                                    /s/ Ruairidh Campbell
--------------------------    [Corporate Seal]       ------------------------
               Secretary                                            President


INTERWEST TRANSFER CO. INC.  P.O. BOX 17136/SALT LAKE CITY, UTAH  84117

      COUNTERSIGNED & REGISTERED
                                --------------------------
                              COUNTERSIGNED  Transfer Agent-Authorized Signature


                                       17
Exhibit 31.2

         I, Thomas R. Eakin, certify that:

         1. I have reviewed this report on Form 10-Q of SonomaWest Holdings,
Inc.;

         2. Based on my knowledge, this 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 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 officers 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 the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation;

                  (c) Disclosed in this report any change 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 officers 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 the
registrant's board of directors (or persons performing the equivalent
functions):

                  (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: November 12, 2004



/s/ Thomas R. Eakin
-------------------------
Thomas R. Eakin
Chief Financial Officer
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



EXHIBIT 32.1



Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned certifies that (1) this Annual Report of CNL Retirement Properties, Inc. (the "Company") on Form 10-K for the year ended December 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (this "Report"), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and (2) the information contained in this Report fairly presents, in all material respects, the financial condition of the Company as of December 31, 2005 and 2004 and its results of operations for the three year period ended December 31, 2005.















|                     |  |                                      
|-------------------- |  | -------------------------------------
|Date: March 24, 2006 |  | /s/ Stuart J. Beebe                  
|                     |  | Stuart J. Beebe                      
|                     |  | Chief Executive Officer and President
#### UNITED STATES of America, Plaintiff-Appellee, v. Hector CERVANTES-AGUILAR, Defendant-Appellant.

No. 05-1031.

United States Court of Appeals, Tenth Circuit.

Aug. 5, 2005.

Erry N. Jones, Robert M. Brown, Office of the United States Attorney, Denver, CO, for Plaintiff-Appellee.

Raymond P. Moore, Fed. Public Defender, Janine Yunker, Asst. F.P. Defender, Office of the Federal Public Defender District of Colorado and Wyoming, Denver, CO, for Defendant-Appellant.

Before KELLY, O’BRIEN, and TYMKOVICH, Circuit Judges.*

*

 After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. *See*Fed. R.App. P. 34(a); 10th Cir. R. 34.1(G). The cause is therefore ordered submitted without oral argument.

ORDER AND JUDGMENT**

TYMKOVICH, Circuit Judge.

Defendant Hector Cervantes-Aguilar pleaded guilty to illegal reentry after deportation in violation of 8 U.S.C. § 1326(a) and (b)(2). The district court sentenced him to 77 months’ imprisonment, the bottom of the applicable Sentencing Guidelines range. Prior to sentencing, Defendant filed a Motion to Declare Sentencing Guidelines Invalid and/or Unconstitutional and Objection to Guideline Sentencing, relying on *Blakely v. Washington,*542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). The district court denied the motion. Subsequently, the United States Supreme Court handed down *United States v. Booker,*— U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

Defendant’s opening brief argues that the district court committed non-constitutional Booker error because it sentenced him under a mandatory guidelines regime. *See United States v. Gonzalez-Huerta,*403 F.3d 727, 731-32 (2005). The government concedes *United States v. Labastida-Segura,*396 F.3d 1140 (10th Cir.2005), requires Defendant’s case to be remanded for resentencing. We agree. Therefore, we REMAND to the district court for resentencing.

**

This order is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders; nevertheless, an order may be cited under the terms and conditions of 10th Cir. R. 36.3.
<PAGE>

                                  EXHIBIT 21.1

                             LISTING OF SUBSIDIARIES


Unigraphics Solutions AG, a Switzerland corporation
Unigraphics Solutions Asia/Pacific Incorporated, a Delaware corporation
Unigraphics Solutions (Australia) Pty. Ltd., an Australia corporation
Unigraphics Solutions (Austria) Handelsgesellschaft m.b.H., an Austria
 corporation
Unigraphics Solutions B.V., a Netherlands corporation
Unigraphics Solutions Canada Ltd., a Canada corporation
Unigraphics Solutions Danmark A/S, a Denmark corporation
Unigraphics Solutions de Mexico, S.A. de C.V., a Mexico corporation
Unigraphics Solutions do Brasil Ltda., a Brazil corporation
Unigraphics Solutions Espana, S.A., a Spain corporation
Unigraphics Solutions France S.A.S., a France corporation
Unigraphics Solutions GmbH, a Germany corporation
Unigraphics Solutions (HK) Limited, a Hong Kong corporation
Unigraphics Solutions International Inc., a Delaware corporation
Unigraphics Solutions Japan, Ltd., a Japan corporation
Unigraphics Solutions Korea Ltd., a Korea corporation
Unigraphics Solutions Limited, an England corporation
Unigraphics Solutions (Malaysia) Sdn. Bhd., a Malaysia corporation
Unigraphics Solutions Norge AS, a Norway corporation
Unigraphics Solutions N.V., a Belgium corporation
Unigraphics Solutions Pte. Limited, a Singapore corporation
Unigraphics Solutions S.p.A., an Italy corporation
Unigraphics Solutions Sp.z.o.o., a Poland corporation
Unigraphics Solutions s.r.o., a Czech Republic corporation
Unigraphics Solutions Sverige AB, a Sweden corporation
Unigraphics Solutions (Thailand) Co., Ltd., a Thailand corporation

Unigraphics Solutions Inc. does business under various assumed/fictitious names,
as follows: EDS Unigraphics Solutions Inc.--in California; EDS Unigraphics
Solutions--in Vermont.
No. 44268.

#### Protest 918718-G of J. Theofan & Co. (New York).

Opinion by

Evans, J.

The sample consists of a red glass article in the shape of a globe about 6 inches in diameter. There was testimony that they are used in connection with small cups in which water, oil, and a wick are placed, and are not used for the purpose of illumination but by religious precept or custom before the pictures or statues of saints. On the authority of *United States*v. *General Display Case Co.*(21 C. C. P. A. 542, T. D. 46976) the claim at 60 percent under paragraph 218 (f) was sustained.
No. 53818.

protests 151352-K, etc. (New York).

#### Bellows & Co., Inc., et al. *v.*United States,

Opinion by

Ekwall, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.