alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Stephen MUSS, Individually and as Executor of the Estate of Alexander Muss, Deceased, Appellant, v. Charles H. ROSENBERG, Appellee.

No. 77-2462.

District Court of Appeal of Florida, Third District.

Dec. 20, 1977.

Lapidus & Hollander, Miami, for appellant.

Shevin, Shapo & Shevin, Richard Morton, Miami, for appellee.

*204Before BARKDULL, HUBBART and KEHOE, JJ.

PER CURIAM.

The appellee filed a matter sounding in equity seeking, among other things, to enjoin the appellant from further distribution of assets of an alleged partnership to himself or his assigns.

A temporary injunction without notice and without bond was entered by the trial judge. Thereafter, the matter came on to be heard on a motion to dissolve, based principally upon the failure of the plaintiff to post an injunction bond. Following a hearing, the trial court denied the motion to dissolve and this interlocutory appeal ensued.

The appellant made an application for constitutional stay writ. Following oral argument thereon, the court announced it would determine the matter on the merits pursuant to Florida Appellate Rule 4.5 g(2).

The original complaint did not seek a temporary injunction without bond. There was no evidence submitted nor finding made by the trial judge that the original plaintiff did not have sufficient assets to post a bond.1 See: Fla.R.Civ.P. 1.610(b). Therefore, under a long line of authorities, the trial judge erred in refusing to dissolve the injunction. *Ginsberg v. City of Daytona Beach,*103 Fla. 168, 137 So. 253 (1931); *Hart v. Kapnias,*157 Fla. 846, 27 So.2d 145 (1946); *Belk’s Department Store, Miami, Inc. v. Scherman,*117 So.2d 845 (Fla. 3d DCA 1960); *Metropolitan Dade County v. Polk Pools, Inc.,*124 So.2d 737 (Fla. 3d DCA 1960); *Tampa Port Authority v. Deen,*179 So.2d 416 (Fla. 2d DCA 1965); *Hoffman v. White,*235 So.2d 43 (Fla. 4th DCA 1970); *Leopold v. Richard Bertram & Co.,*265 So.2d 710 (Fla. 3d DCA 1972); *Byrne v. Rec Centers, Inc.,*309 So.2d 177 (Fla. 4th DCA 1975); *La Gran Familia, Inc. v. Cuba Pharmacy, Inc.,*349 So.2d 769 (Fla. 3d DCA 1977); Crow, *Pope & Carter, Inc. v. James,*349 So.2d 827 (Fla. 3d DCA 1977).

For the reasons above stated, the order denying the motion to dissolve is reversed, with directions to dissolve the temporary injunction issued without bond.

Reversed with directions.

1

. In fact, in the order denying the motion to dissolve, the trial judge initialed and crossed out the following:

> # sfc * * * #

> *“ *** * the plaintiff does not have the monies available to post bond * * * ”
Amendment of The FINOVA Group Severance Plan and Summary Plan Description



 Exhibit 10.1 
 AMENDMENT OF THE FINOVA GROUP SEVERANCE PLAN AND SUMMARY PLAN 
 DESCRIPTION 
 WHEREAS, the Company established the FINOVA Group Severance Pay Plan and Summary Plan Description (the “Plan”) effective January 1, 1988,
as amended and restated as of November 1, 2003 and May 1, 2005; and 
 WHEREAS, the undersigned is empowered to amend, modify and
terminate the plan, provided that no such amendment or action would result in any in any Eligible Employee receiving severance pay on terms and conditions less favorable than in effect under the Plan when the amendment, modification or termination
becomes effective: and 
 WHEREAS, the Company desires to terminate the plan effective December 31, 2007 and pay the remaining eligible
employees the severance amounts they would have been eligible to receive on the future date of their termination of employment while they remain actively employed; 
 WHEREAS, the Company has been advised by counsel that the above described actions will be permissible under Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), provided the
Company causes the severance amounts to be paid following January 1, 2008; and 
 NOW, THEREFORE, BE IT RESOLVED, that the Plan is
hereby terminated effective December 31, 2007; 
 RESOLVED, that the Company shall cause all remaining employees eligible to receive
severance under the terms of the Plan to receive such amounts on January 2, 2008; and 
 RESOLVED, that the proper personnel, as
appropriate, be, and hereby are, authorized to execute and deliver such other certificates, powers of attorney, affidavits, agreements, assignments, documents, and instruments as are required in connection with the termination of the Plan; and

 RESOLVED, that the proper personnel be, and each of them hereby is, authorized, empowered, and directed (any one of them acting alone) to
take any and all such further action to amend, execute, and deliver all such further instruments and documents, for and in the name and on behalf of the Company, and to pay all such expenses as in their discretion appear to be necessary, proper, or
advisable to carry into effect the purposes and intentions of this and each of the foregoing resolutions. 







 IN WITNESS WHEREOF, the undersigned has executed
this written consent as of this 12th day of November, 2007. 
  

			
	THE FINOVA GROUP, INC.
		
	By:	 	/s/ Thomas E. Mara
	Title:	 	Chief Executive Officer


  

 2
[Federal Register Volume 62, Number 150 (Tuesday, August 5, 1997)]
[Notices]
[Page 42130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20587]


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

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 
1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other 
applicable statutes and regulations to become a bank holding company 
and/or to acquire the assets or the ownership of, control of, or the 
power to vote shares of a bank or bank holding company and all of the 
banks and nonbanking companies owned by the bank holding company, 
including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank indicated. The application also will be available 
for inspection at the offices of the Board of Governors. Interested 
persons may express their views in writing on the standards enumerated 
in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the 
acquisition of a nonbanking company, the review also includes whether 
the acquisition of the nonbanking company complies with the standards 
in section 4 of the BHC Act. Unless otherwise noted, nonbanking 
activities will be conducted throughout the United States.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than August 25, 1997.
    A. Federal Reserve Bank of Cleveland (Jeffery Hirsch, Banking 
Supervisor) 1455 East Sixth Street, Cleveland, Ohio 44101-2566:
    1. Peoples Financial Corp, Inc., Ford City, Pennsylvania; to retain 
a total 17.2 percent of the voting shares of Elderton State Bank, 
Elderton, Pennsylvania.
    B. Federal Reserve Bank of Kansas City (D. Michael Manies, 
Assistant Vice President) 925 Grand Avenue, Kansas City, Missouri 
64198-0001:
    1. First National of Nebraska, Inc., Omaha, Nebraska, and its 
subsidiary, First National of Colorado, Inc., Fort Collins, Colorado; 
to acquire 100 percent of the voting shares of Platte Valley National 
Bank, Grand Island, Nebraska, a de novo bank, and First National of 
Nebraska, Lincoln, Nebraska, a de novo bank.
    C. Federal Reserve Bank of Dallas (Genie D. Short, Vice President) 
2200 North Pearl Street, Dallas, Texas 75201-2272:
    1. ANB Corporation, Terrell, Texas; to acquire 40.58 percent of the 
voting shares of Lakeside Bancshares, Inc., Rockwall, Texas, and 
thereby indirectly acquire Lakeside National Bank, Rockwall, Texas.

    Board of Governors of the Federal Reserve System, July 31, 1997.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 97-20587 Filed 8-4-97; 8:45 am]
BILLING CODE 6210-01-F
<PAGE>   1
                                                                    EXHIBIT 10.3


                               AMENDMENT NO. 1 TO
                             WALL DATA INCORPORATED
                           1993 STOCK OPTION PLAN FOR
                             NON-EMPLOYEE DIRECTORS
                   AS AMENDED AND RESTATED ON OCTOBER 15, 1996



        The Wall Data Incorporated 1993 Stock Option Plan For Non-Employee
Directors (the "Plan") is amended as follows:

        1.     Section 4 of the Plan is amended to add a new third paragraph as
               follows:

               In addition to the options set forth in the preceding paragraph
               and effective October 28, 1997, Robert Frankenberg shall
               automatically receive the grant of an option (the "Frankenberg
               Option") to purchase 30,000 shares. The Frankenberg Option shall
               vest and become exercisable over 3 years, one-third at each
               anniversary date, except that vesting shall be based on Mr.
               Frankenberg's period of continuous service as the Company's
               outside Chairman of the Board rather than on his service as a
               director. The Frankenberg Option shall terminate six (6) years
               from the date of grant and otherwise in accordance with Section
               5.5 of the Plan, except that early termination shall be based on
               Mr. Frankenberg's service as the Company's outside Chairman of
               the Board rather than on his service as a director.



        The date of the adoption of this Amendment No. 1 by the Board of
Directors of the corporation is October 28, 1997. The effective date of this
Amendment No. 1 shall be October 28, 1997, the date of adoption by the Board of
Directors.
#### Howard REIN, Jr., Marion Jennings, J. T. Harper and Pat Bradley, comprising the Civil Service Board of the City of Pensacola, Florida, Appellants, v. Charles H. BLANCHARD, Appellee.

No. GG-105.

District Court of Appeal of Florida, First District.

Dec. 20, 1977.

Rehearing Denied Jan. 13, 1978.

*191Ralph H. Atwell, Pensacola, for appellants.

Lefferts L. Mabie, Jr., and Louis K. Ro-senbloum of Levin, Warfield, Middlebrooks, Graff, Mabie, Rosenbloum & Magie, Pensacola, for appellee.

PER CURIAM.

By this appeal Howard E. Rein and the other members of the Civil Service Board of the City of Pensacola, Florida seek review of a writ of mandamus entered by a Circuit Judge construing Chapter 63-1775 Laws of Florida, as amended, and commanding the members of said Civil Service Board “to review the circumstances of discharge of petitioner Charles H. Blanchard of the City of Pensacola, Florida, and certify to the Pension Board of the City of Pensacola, Florida, the eligibility of said petitioner for pension benefits for a pension to which his period of service entitled him, effective to the date of said petitioner’s discharge by the Civil Service Board.”

We do not here determine whether or not said act or any amendment thereto is retroactive in application. We do hold, however, that under the facts of this case mandamus does not lie, therefore the peremptory writ here appealed is reversed.

REVERSED.

BOYER, Acting C. J., and MILLS and ERVIN, JJ., concur.
#### WILLIAM T. BURTON INDUSTRIES, INC. v. M. D. WELLMAN, Jr.

No. 58394.

Supreme Court of Louisiana.

Oct. 1, 1976.

In re: M. D. Wellman, Jr., applying for certiorari, or writ of review to the Court of Appeal, Third Circuit, Parish of Vernon, 346 So.2d 718.
#### Brian MACKEY, Appellant, v. The STATE of Florida, Appellee.

Nos. 76-317, 76-318 and 77-468.

District Court of Appeal of Florida, Third District.

Jan. 24, 1978.

Bennett H. Brummer, Public Defender and Elliott H. Scherker, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., Arthur Joel Berger, Asst. Atty. Gen., and Robert Burlington, Legal Intern, for appellee.

Before HAVERFIELD, C. J., and HEN-DRY, J., and DREW, E. HARRIS (Ret.), Associate Judge.

PER CURIAM.

By these consolidated appeals, appellant seeks the reversal of (1) his conviction of three counts of robbery, (2) an order of revocation of probation and (3) an order denying post conviction relief.

Appellant has raised the following points on appeal, to-wit: that the trial court erred in failing to instruct the jury that intent to kill or maim if resisted is an element of the offense of robbery; that the trial court erred in denying appellant’s motion for continuance of the probation revocation hearing; and that the trial court erred in denying appellant’s motion for a new trial based upon newly discovered evidence.

We have carefully considered appellant’s contentions in the light of the record on appeal, briefs and arguments of counsel and have concluded that no reversible error has been demonstrated. Section 813.011, Florida Statutes (1973); *Stevens*v. *State,*351 So.2d 1077 (Fla. 3d DCA 1977); *Baker v. State,*336 So.2d 364 (Fla.1976); *Lyles v. State,*312 So.2d 495 (Fla. 1st DCA 1975).

Affirmed.
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HomeAbout DLANewsNews Article View

# ‘Air Power – a team sport’

By Jenny Gordon, Robins Rev-UpDLA Aviation Public Affairs

                RICHMOND, Virginia  –              http://www.robins.af.mil/shared/media/document/AFD-151119-023.pdf 

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aviationindustrial SupportWarner RobinsBlokerRobins Rev-Up
<PAGE>   1
                                  EXHIBIT 21.1

                      SUBSIDIARIES OF IRONSTONE GROUP, INC.

AcadiEnergy, Inc., a Delaware corporation, is a 100%-owned subsidiary of the
Company.

Belt Perry Associates, Inc., an Arizona corporation, ("BPA") is a 100%-owned
subsidiary of the Company.

Belt Perry Associates, Inc., a California corporation, is 83.33% owned by BPA
and 16.67% owned by the Company.

DeMoss Corporation, a California corporation, is a 100%-owned subsidiary of the
Company.

TaxNet, Inc., an Arizona corporation, is a 100%-owned subsidiary of BPA.
Docket No: FAA - 2015 - 3143 Dir ID: 2015 - NM - 047 - AD
<PAGE>
                                                                   EXHIBIT 23.01
 
                        CONSENT OF INDEPENDENT AUDITORS
 
    We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 333-61089) pertaining to the Caliber Learning Network, Inc. 1998
Stock Incentive Plan, of our report dated February 22, 1999, with respect to the
financial statements and schedule of Caliber Learning Network, Inc. included in
the Annual Report (Form 10-K) for the year ended December 31, 1998.
 
                                              ERNST & YOUNG LLP
 
Baltimore, Maryland
March 31, 1999
No. 95-897.

#### Auer et al. *v.*Robbins et al.

C. A. 8th Cir. [Certiorari granted, 518 U. S. 1016.] Motion of National League of Cities et al. for leave to file a brief as *amici curiae*granted.
[Coopers & Lybrand Logo]       Coopers & Lybrand L.L.P.

                               a professional services firm






CONSENT OF INDEPENDENT ACCOUNTANTS


We   consent  to  the  incorporation  by  reference  in  the
registration statements of XCL Ltd. and Subsidiaries on Form
S-3  (File Nos. 33-41458, 33-83122 and 33-68552) and on Form
S-8  (File  No. 33-62956 and 33-59799) of our report,  which
includes  an  explanatory paragraph regarding the  Company's
ability  to  continue as a going concern,  dated  April  10,
1998, on our audits of the consolidated financial statements
and   financial   statement  schedule  of   XCL   Ltd.   and
Subsidiaries as of December 31, 1997 and 1996, and for  each
of  the three years ended December 31, 1997, which report is
included in this Annual Report on Form 10-K.



/s/ COOPERS & LYBRAND L.L.P.


Miami, Florida
April 10, 1998
EXHIBIT 23.1

INDEPENDENT AUDITORS' CONSENT

The
Board of Directors
Nortech Systems Incorporated:

We
consent to the incorporation by reference in the Registration Statements (No. 33-80906) on Form S-8 of our reports dated March 10, 2003, with respect to the consolidated
balance sheet of Nortech Systems, Inc. and subsidiary as of December 31, 2002, and the related consolidated statements of income, shareholders' equity and cash flows for the year then ended and the
related financial statement schedule, which reports appear in the Annual Report on Form 10-K of Nortech Systems, Inc. and subsidiaries.

/S/
KPMG LLP
Minneapolis, Minnesota
March 31, 2003

---

QuickLinks
II 

109TH CONGRESS 

1ST SESSION S. 1321 

To amend the Internal Revenue Code of 1986 to repeal the excise tax 

on telephone and other communications services. 

IN THE SENATE OF THE UNITED STATES 

JUNE 28, 2005 

Mr. SANTORUM (for himself, Mr. CRAPO, Mr. SMITH, and Mr. HAGEL) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to repeal 

the excise tax on telephone and other communications 

services. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Telephone Excise Tax 

5 Repeal Act of 2005’’. 
2 

•S 1321 IS

1 SEC. 2. REPEAL OF EXCISE TAX ON TELEPHONE AND 

2 OTHER COMMUNICATIONS SERVICES. 

3 (a) IN GENERAL.—Chapter 33 of the Internal Rev4 enue Code of 1986 (relating to facilities and services) is 

5 amended by striking subchapter B. 

6 (b) CONFORMING AMENDMENTS.— 

7 (1) Section 4293 of such Code is amended by 

8 striking ‘‘chapter 32 (other than the taxes imposed 

9 by sections 4064 and 4121) and subchapter B of 

10 chapter 33,’’ and inserting ‘‘and chapter 32 (other 

11 than the taxes imposed by sections 4064 and 

12 4121),’’. 

13 (2)(A) Paragraph (1) of section 6302(e) of such 

14 Code is amended by striking ‘‘section 4251 or’’. 

15 (B) Paragraph (2) of section 6302(e) of such 

16 Code is amended— 

17 (i) by striking ‘‘imposed by—’’ and all that 

18 follows through ‘‘with respect to’’ and inserting 

19 ‘‘imposed by section 4261 or 4271 with respect 

20 to’’, and 

21 (ii) by striking ‘‘bills rendered or’’. 

22 (C) The subsection heading for section 6302(e) 

23 of such Code is amended by striking ‘‘Communica24 tions Services and’’. 
3 

•S 1321 IS

1 (3) Section 6415 of such Code is amended by 

2 striking ‘‘4251, 4261, or 4271’’ each place it ap3 pears and inserting ‘‘4261 or 4271’’. 

4 (4) Paragraph (2) of section 7871(a) of such 

5 Code is amended by inserting ‘‘or’’ at the end of 

6 subparagraph (B), by striking subparagraph (C), 

7 and by redesignating subparagraph (D) as subpara8 graph (C). 

9 (5) The table of subchapters for chapter 33 of 

10 such Code is amended by striking the item relating 

11 to subchapter B. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply to amounts paid pursuant to bills 

14 first rendered more than 90 days after the date of the 

15 enactment of this Act. 

Æ
Appendix	F Alexandra	Hoover

PRE-FLIGHT	CHECKLIST

The	PIC	and	VO	must	thoroughly	complete	checklist	before	each	UAS	flight.

PAPERWORK

o PIC	must	have	hard	copies	of	his/her	FAA	Sport	Pilot	certificate	or	higher	

o PIC	must	have	a	hard	copy	of	the	Grant	of	Exemption

o PIC	must	have	hard	copies	of	the	Plan	of	Activities	submitted	to	the	local	FSDO

o PIC	must	have	hard	copies	of	any	permissions	required	to	shoot	in	various	locations	

(local	and	state	permits,	private	residence	releases)

AIRCRAFT

o PIC	will	have	fully	tested	the	UAS	at	least	36	hours	before	any	flight	for	

compensation.

o Upon	arrival	to	flight	location	PIC	will	double	check	that	all	aircraft	components	are	

properly	plugged	in	and	in	good	working	order	including	but	not	limited	to:

o Power	cables

o Landing	gear

o Camera	cables	

o Gimbal	power

o Props	have	been	recently	oiled	

o Bushings	are	intact

o All	screws	have	been	tightened	(especially	gimbal	screws)

o Aircraft	in	general	is	free	of	any	excessive	dirt	or	dust

REMOTES

o Remotes	and	monitors	will	be	charged	the	night	before	the	flight

BATTERIES

o PIC	is	responsible	for	maintaining	all	batteries,	duties	include	but	are	not	limited	to:

o Fully	charging	batteries	the	night	before	the	flight

o Making	sure	all	battery	cells	are	full	and	in	good	working	condition

o Any	battery	that	is	found	to	be	“puffy”	or	exceedingly	hot	will	be	taken	out	of	

rotation	and	disposed	of	properly

o Batteries	will	be	charged	in	a	fire-proof	bag	with	the	PIC	or	VO	in	the	room at	

all	times

CAMERA

o Camera	batteries	will	be	fully	charged	the	night	before	the	flight

o Camera	will	be	thoroughly	cleaned	the	night	before	the	flight

o All	camera	cards	will	be	checked	and	reformatted	the	night	before	the	flight
Appendix	F Alexandra	Hoover

IN-FLIGHT	SAFETY	CHECKLIST

o UA	speed	will	not	exceed	50	MPH

o UA	will	not	be	operated	at	an	altitude	greater	than	400	feet	AGL

o UA	will	be	operated	within	VLS	of	both	PIC	and	VO

o UA	operations	will	only	occur	during	daylight	hours

o UA	will	not	be	operated	within	5	miles	of	an	airport

o UA	will	not	be	operated	in	bad	weather	conditions	or	if	visibility	is	less	than	3	

statute	miles	from	PIC

o PIC	will	safely	abort	flight	in	the	event	of:

o Unprecedented	obstacles	or	emergencies

o Rain	or	sudden	onset	of	weather

o Unauthorized	persons	come	within 500	feet	of	PIC	or	aircraft

o UA	will	give	way	to	all	manned	aircraft

o UA	will	not	be	operated	from	a	moving	vehicle

o All	flight	operations	will	be	carried	out	at	least	500	feet	from	all	non-participating	

persons

o All	flight	operations	will	be	carried	out	at	least	500	feet	form	participating	persons	

unless	written	permission	is	acquired	before	the	flight

o PIC	will	follow	the	Plan	of	Activities	previously	submitted	to	the	local	FSDO	

o In	the	event	of	an	emergency	PIC	and	VO	will	follow	the	emergency	plan	that	was	

verbalized	during	the	pre-flight	safety	meeting