alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### NUMBER 13 - 20 - 00 323 - CV 

## COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

____________________________________________________________ ISAAC G. RODRIGUEZ SR. D/B/A I & R TRUCKING AND RODRIGUEZ TRUCKING , Appellant s ,
v. DENISE MAREZ, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF JUAN PEREZ , Appellee s .

_

___________________________________________________________ On a ppeal from the 1 5 6th District Court of San Patricio County, Texas.

_

___________________________________________________________ 

## MEMORANDUM OPINION
Before Justices Benavides, Hinojosa, and Tijerina Memorandum Opinion by Justice Hinojosa This cause is before the Court on its own motion. On July 31, 2020, a ppellant s filed a notice attempt ing to appeal a final judgment entered by the 1 56 th Judicial District2 of San Patricio County, Texas, in cause number S

- 17

- 5182CV

- B . The final judgment was signed on January 7, 2020 , more than six months before the notice of appeal was filed

. We now dismiss this appeal for lack of jurisdiction. Texas Rule of Appellate Procedure 26 .1 provides that an appeal is perfected when notice of appeal is filed within thirty days after the judgment is signed, unless a motion for new trial is timely filed. T EX

. R. A PP

. P . 26.1(a)(1). Where a timely motion for new trial has been filed, notice of appeal shall be filed within ninety days after the judgment is signed. Id . R. 26.1(a). A motion for new trial was filed in this matter; however, the notice of appeal was filed more than six months after the judgment well beyond the ninety

- day
limit

. On July 3 1 , 2020 , the Clerk of the Court notified appellant s of this defect so that steps could be taken to correct the defect, if it could be done. Appellant s were advised that, if the defect was not corrected within ten days from the date of receipt of the Court ’ s letter, the appeal would be dismissed. On December 8, 2020, appellants file d an amended notice of appeal. A ppellant s argue the t rial c ourt’s denial of appellants’ motion for judgment notwithstanding the verdict, or in the alternative the denial of appellants ’ motion for new trial , and the related trial court activity extended the deadline for perfecting the appeal

. A denial of a motion for new trial is not independently appealable and does not start a new timetable for perfecting the appeal. State Office of Risk Mgmt. v . Berdan , 335 S.W.3d 421, 428 (Tex. App.

— Corpus Christi

– Edinburg 2011, pet. denied). As such,3 appellants ’ notice of appeal is untimely and the amended notice of appeal do es not cure the defect

. T he Court, having examined and fully considered the documents on file and appellants ’ failure to timely perfect their appeal, is of the opinion the appeal should be dismissed for want of jurisdiction

. Accordingly, the appeal is dismissed fo r want of jurisdict ion

. See T EX

. R. A PP

. P . 42.3(a). LETICIA HINOJOSA Justice

D elivered and filed on the 4th day of February, 2021.
exv10w24



 





Exhibit 10.24











18 October 2007




David Smith

85 Gordon Street

Hawthorne QLD 4171




Dear David



Following a meeting of the Performance and Remuneration Committee on 30
September 2007, I am pleased to advise that your remuneration has been adjusted.
This letter formalizes these adjustments.





	•	 	Your base salary (excluding superannuation) has been increased to $160,000
per annum effective 1 May 2007; and
	 
	•	 	As previously advised, your maximum STI has been increased to 30% of your
salary, effective 1 January 2007.




Your other terms and conditions of employment are unchanged. Please note that the
contents of this letter are to be treated as confidential.



I would like to take this opportunity to thank you for your personal contribution to
Peplin’s success in 2007, and look forward to your continuing support.




Yours sincerely




/s/ Philip Moody




Philip Moody

Chief Financial Officer and Vice President, Finance and Operations
Electronically Filed Intermediate Court of Appeals CAAP-17-0000435 16-APR-2018 11:44 AM
Date :

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# WJ
#### Thomas COSENTINO d/b/a Cosentino Construction Company, Appellant, v. The DOUBLE J. CORPORATION, a Florida Corporation, etc., et al., Appellees.

No. 76-774.

District Court of Appeal of Florida, Second District.

July 6, 1977.

*1087Andrew D. Owens, Jr., Dart, Dickinson, O’Riorden, Gibbons & Quale, Sarasota, for appellant.

Carrol F. Dillon, Dillon & Dillon, Sarasota, for appellees Joseph L. Romano and Addie C. Romano.

PER CURIAM.

Affirmed, without prejudice to appellees Joseph L. Romano and Addie C. Romano to apply to the trial court for entry of a final judgment based on default entered March 28, 1975, against Orren Prieur d/b/a Allied Drywall Company.

HOBSON, Acting C. J., and GRIMES and SCHEB, JJ., concur.
----

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. ss. 1350

(SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002) 

I, Guohua Ku, President and Chairman of the Board (principalexecutive officer) of the Registrant, China Recycling Energy Corporation ("ChinaDigital Wireless, Inc." prior to March 8, 2007), certify pursuant to 18 U.S.C.ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002,that, based upon a review of the Annual Report on Form 10-KSB/A for the periodended December 31, 2006 of the Registrant (the "Report"): 

(1) 

The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and 

(2) 

The informationcontained in the Report fairly presents, in all material respects, the financialcondition and results of operations of the Registrant. 

A signed original of this written statement required bySection 906 has been provided to the Registrant and will be retained by theRegistrant and furnished to the Securities and Exchange Commission or its staffupon request. 

SIGNATURE

| Date: April 12, 2007
/s/  Guohua Ku
 
 
 
 
Guohua Ku
 
President and Chairman
  |
|---------------------------------------------------------------------------------------------------------------------|
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2425 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2425

  To extend the temporary suspension of duty on mixtures containing n-
      butyl-1,2-benzisothiazolin-3-one and application adjuvants.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2012

  Mr. Schumer introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To extend the temporary suspension of duty on mixtures containing n-
      butyl-1,2-benzisothiazolin-3-one and application adjuvants.

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

SECTION 1. MIXTURES CONTAINING N-BUTYL-1,2-BENZISOTHIAZOLIN-3-ONE AND 
              APPLICATION ADJUVANTS.

    (a) In General.--Heading 9902.40.57 of the Harmonized Tariff 
Schedule of the United States (relating to mixtures containing n-butyl-
1,2-benzisothiazolin-3-one and application adjuvants) is amended by 
striking the date in the effective period column and inserting ``12/31/
2015''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
[Federal Register Volume 62, Number 156 (Wednesday, August 13, 1997)]
[Notices]
[Page 43331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21414]


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

GENERAL SERVICES ADMINISTRATION


Office of Acquisition Policy, FAR Secretariat; Revision of SF 
129, Solicitation Mailing List Application

AGENCY: General Services Administration.

ACTION: Notice.

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

SUMMARY: The General Services Administration/FAR Secretariat has 
revised SF 129, Solicitation Mailing List Application.
    The form is now authorized for local reproduction. You can obtain 
the updated camera copy in three ways:

On the internet. Address: http://www.gsa.gov/forms;
From CARM, Attn.: Barbara Williams, (202) 501-0581; or
From the ``U.S. Government Management Policy CD-ROM.

FOR FURTHER INFORMATION CONTACT: FAR Secretariat, (202) 501-4755.

DATES: Effective August 13, 1997.

    Dated: July 31, 1997.
Barbara M. Williams,
Deputy Standard and Optional Forms Management Officer.
[FR Doc. 97-21414 Filed 8-12-97; 8:45 am]
BILLING CODE 6820-34-M
No. 43302.

#### Protest 11575-K of M. Pressner & Co. (New York).

Opinion by

Tilson, J.

It was stipulated that the merchandise consists of opera glasses similar to those involved in *Woolworth*v. *United States*(2 Cust. Ct. 1, C. D. 74). The claim at 35 percent under paragraph 228 was therefore sustained.
Exhibit 32.1

WRITTEN STATEMENT OF THE CHIEF EXECUTIVE OFFICER

Pursuant to 18 U.S.C. Section 1350

Solely for the purposes of complying with 18 U.S.C. §1350, I, the undersigned Chief Executive Officer of Jagged Peak, Inc. (the Company), hereby certify
that the Quarterly Report on Form 10-Q of the Company for the period ended March 28, 2008, (the Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that information contained
in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                  |  |                        
|----------------- |  | -----------------------
|Date: May 9, 2008
|                  | 
|By:               |  | /s/ Paul B. Demirdjian 
|                  |  | Chief Executive Officer
*This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

MARK PERRY,

Defendant - Appellant.

No. 09-30073

D.C. No. 4:08-CR-00092-BLW-1

MEMORANDUM*

Appeal from the United States District Court

for the District of Idaho

B. Lynn Winmill, Chief District Judge, Presiding

Argued and Submitted March 4, 2010

Seattle, Washington

Before: TASHIMA, FISHER and BERZON, Circuit Judges.

Mark Perry appeals the denial of safety valve protection under 18 U.S.C. §

3553(f) based on a finding that he credibly threatened an informant. We affirm. 

In order to avoid an unnecessary constitutional question, we assume for the

sake of argument that the First Amendment applies to all aspects of sentencing and

that a defendant therefore cannot be denied safety valve eligibility on the basis of a

FILED

MAR 24 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

“credible threat[] of violence,” 18 U.S.C. § 3553(f)(2), unless the defendant

subjectively intends “to communicate a serious expression of intent to commit an

act of unlawful violence to a particular individual or group of individuals.” United

States v. Cassel, 408 F.3d 622, 631 (9th Cir. 2005) (internal citations and quotation

marks omitted). Although the district judge applied a standard that was objective

in part, he also found that Perry intentionally threatened a confidential informant in

order to dissuade her from working with police in the future. 

The finding of an intentional threat was not clearly erroneous under the

subjective standard. Perry conceded at argument that the burden of proof to

establish all aspects of safety valve eligibility rests on the defendant. See United

States v. Ajugwo, 82 F.3d 925, 929 (9th Cir. 1996). As revealed by the audio tape,

immediately after the informant declined to use meth with Perry he asked her if she

was wearing a wire and said that if she were, he would “fucking kill” her. There

was evidence that it was a widely known local law enforcement policy that

informants are not permitted to use meth during controlled purchases. Moreover,

the informant had laid out plans for future drugs sales, so it was not unreasonable

for the district judge to find that Perry intended to dissuade her from cooperating

with the police.

AFFIRMED.
Exhibit 32.2

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

In connection with the Annual Report of Caprius, Inc. (the "Company") on Form
10-KSB for the period ending September 30, 2005 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Jonathan Joels,
Treasurer and Chief Financial Officer, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act, 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/ Jonathan Joels
------------------
Jonathan Joels
Treasurer and CFO


December 21, 2005
<PAGE>   1

Exhibit 21

   DAIRY MART CONVENIENCE STORES, INC. AND SUBSIDIARIES

             SUBSIDIARIES OF THE REGISTRANT
             ------------------------------


Dairy Mart, Inc. (a Massachusetts corporation)

Dairy Mart Farms, Inc. (a Connecticut corporation)

Dairy Mart East, Inc.(a Rhode Island corporation)

CIA Food Marts, Inc. (a New York corporation)

The Lawson Company (a Delaware corporation)

The Lawson Company (an Ohio corporation)

LMC, Inc. (an Ohio corporation)

Golden Stores, Inc. (an Ohio corporation)

Quick Shops, Inc. (an Ohio corporation)

Open Pantry Properties, Inc. (an Ohio corporation)

Convenient Industries of America, Inc. (a Kentucky corporation)

CONNA Corporation (a Kentucky corporation)

Remote Services, Inc. (a Kentucky corporation)

Food Merchandisers, Inc. (a North Carolina corporation)

Oscar Ewing, Inc. (a Kentucky corporation)

Financial Opportunities, Inc. (a Kentucky corporation)
[Federal Register Volume 62, Number 156 (Wednesday, August 13, 1997)]
[Notices]
[Pages 43330-43331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21383]


=======================================================================
-----------------------------------------------------------------------

FEDERAL EMERGENCY MANAGEMENT AGENCY


FEMA Invites State, Tribal, and Local Government Representation 
in the Radiological Emergency Preparedness (REP) Program Strategic 
Review

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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

SUMMARY: Under the authority of the Unfunded Mandates Reform Act of 
1995 and in order to gather information pursuant to the REP Program 
strategic review, FEMA has sent out letters inviting States and Indian 
Tribal nations impacted by the REP Program to designate representatives 
to assist FEMA in its REP Program strategic review. The designated 
representatives may be asked to serve on issue teams, contribute ideas 
toward refining FEMA's exercise evaluation methodology, participate in 
a focus group discussion that addresses new REP Program 
recommendations, or participate in conference calls.

FOR FURTHER INFORMATION CONTACT: D. Anne Martin, Deputy Director, 
Exercises Division, Preparedness, Training and Exercises Directorate, 
Federal Emergency Management Agency, 500 C Street SW., Washington, DC 
20472, (202) 646-2738.


[[Page 43331]]


    Dated: August 1, 1997.
Kay C. Goss,
Associate Director.
[FR Doc. 97-21383 Filed 8-12-97; 8:45 am]
BILLING CODE 6718-06-P
Exhibit 32.2



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Big Sky Industries V, Inc. (the Company) on Form 10-Q for the period ending December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ramon Chimelis, Treasurer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 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.



Dated: February 13, 2009



/s/ Ramon Chimelis

Ramon Chimelis, Treasurer

Big Sky Industries V, Inc.
**EXHIBIT
      32.1**


**CERTIFICATION
      PURSUANT TO 18 U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO SECTION 906 OF THE**


**SARBANES-OXLEY
      ACT OF 2002**




In
      connection with the Quarterly Report of Shandong Zhouyuan Seed and Nursery
      Co.,
      Ltd. (the “Company”) on Form 10-Q for the period ending March 31, 2008, as filed
      with the Securities and Exchange Commission on the date hereof (the “Report”),
      I, Wang Zhigang, Chief Executive Officer of the Company, certify, pursuant
      to 18
      U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002, that:




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




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




By:
            /s/
                Wang ZhigangWang
                ZhigangChief
                Executive Officer


Date:
      May
      20, 2008
<PAGE>


Exhibit 32.2

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Franklin Wireless Corp. (the "Company")
on Form 10-KSB for the fiscal year ended June 30, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, OC Kim,
President and Acting Principal Accounting Officer of the Company, certify,
pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, that to my knowledge:

(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/ OC KIM
OC Kim
------
President and Acting Principal Accounting Officer
May 19, 2006
No. 99-1151.

#### Parks *v.*United States et al.

C. A. 11th Cir. Certiorari denied.
Order filed January 18, 2013 

In The

Fourteenth Court of Appeals

____________

NO. 14-12-00927-CV

____________

KIMBERLY WOODFORK, Appellant

V.

BANK OF AMERICA, Appellee

On Appeal from County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 1018590

O R D E R

Appellant’s brief was due January 4, 2013. No brief or motion for 

extension of time has been filed. 

Unless appellant submits her brief, and a motion reasonably explaining why 

the brief was late, to the clerk of this court on or before February 19, 2013, the 

court will dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b). 

PER CURIAM
[Federal Register Volume 62, Number 18 (Tuesday, January 28, 1997)]
[Notices]
[Page 4079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2035]


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


DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

    In accordance with Departmental policy, 28 C.F.R. Sec. 50.7, notice 
is hereby given that a proposed consent decree in United States v. 
Kalama Chemical, Inc., Civil Action No. C-95-5522-FDB, was lodged on 
January 7, 1997 with the United States District Court for the Western 
District of Washington. The consent decree settles several claims 
brought against Kalama Chemical, Inc. (``KCI'') under the Clean Air Act 
(``CAA''), 42 U.S.C. Sec. 7401, et seq., for violations of the NESHAPs 
for asbestos and benzene and the New Source Performance Standards at 
KCI's facility located in Kalama, Washington. Under the proposed 
consent decree, KCI will pay a civil penalty of $370,000 to the United 
States and a civil penalty of $185,000 to the Southwest Air Pollution 
Control Authority which brought a separate suit against KCI pursuant to 
the Washington Clean Air Act. Further, the consent decree provides that 
KCI will undertake six Supplemental Environmental Projects designed to 
eliminate or reduce air pollution. Among other things, KCI will install 
emission control equipment that will remove approximately 28 tons of 
volatile organic compounds (``VOCs''), primarily benzene and toluene, 
and 1,050 tons of carbon monoxide (``CO''). These projects are 
estimated to cost KCI at least $1,351,838.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed consent decree. Comments should be addressed to the Assistant 
Attorney General for the Environment and Natural Resources Division, 
Department of Justice, Washington, D.C. 20530, and should refer to 
United States v. Kalama Chemical, Inc., DOJ Ref. # 90-5-2-1-1766.
    The proposed consent decree may be examined at the office of the 
United States Attorney, 3600 Seafirst Fifth Avenue Plaza, 800 Fifth 
Avenue, Seattle, Washington 98104; the Region X Office of the 
Environmental Protection Agency, 1200 Sixth Avenue, Seattle, Washington 
98101; and at the Consent Decree Library, 1120 G Street, N.W., 4th 
Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the proposed 
consent decree may be obtained in person or by mail from the Consent 
Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005. 
In requesting a copy please refer to the referenced case and enclose a 
check in the amount of $17.50 (25 cents per page reproduction costs), 
payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section Environment and Natural 
Resources Division.
[FR Doc. 97-2035 Filed 1-27-96; 8:45 am]
BILLING CODE 4410-15-M