alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED YACHT BROKERS, INC., a Florida Corporation, Appellant, v. Betty J. GILLESPIE, Robert J. Mortimer and Seymour M. Klein, Personal Representatives of the Estate of Keith Wold Johnson, and Arthur Siewert and Edgar Anstett, Appellees.

Nos. 76-1445 and 76-1933.

District Court of Appeal of Florida, Fourth District.

Dec. 6, 1977.

Michael D. Stewart of Fleming, O’Bryan & Fleming, Fort Lauderdale, for appellant.

Gary B. Sack and Donald E. Van Kough-net of Retter & Sack, Miami, for appellees Gillespie, Mortimer and Klein.

Brian R. Hersh and Jeffrey A. Bernstein of Law Offices of Brian R. Hersh, Miami, for appellees Siewert and Anstett.

ALDERMAN, Chief Judge.

This appeal is brought by the plaintiff following orders dismissing with prejudice Count I of its second amended complaint for failure to state a cause of action, dismissing the action as to certain defendants, and entering final summary judgment in favor of the remaining defendants.

We conclude that the trial court initially and directly passed on the validity of a *575state statute, and that the Supreme Court of Florida has jurisdiction of this appeal pursuant to Article V, Section 3(b)(1), Florida Constitution. Both counts of the second amended complaint included or incorporated the following language:

> [T]he plaintiff alleges that § 537.05 is unique in the field of regulatory legislation controlling the conduct of brokers. That no other form of brokerage business is subjected to such a requirement or to the consequential deprivation of the right of compensation where said statute is not complied with. The statute is, therefore, unfairly discriminatory against yacht brokers and the plaintiff herein and is violative of Article II of the Florida Constitution and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

The trial judge did not specifically mention Section 537.05 nor its validity, “but this fact does not alter the effect of the decree as a negative disposition of all pertinent questions properly raised by appellant.” *Evans v. Carroll,*104 So.2d 375, 377 (Fla.1958). If Section 537.05 had been declared void by the trial court in concurrence with the plaintiff’s pleadings, neither dismissal nor summary judgment would have been appropriate because the parties may then have had a valid contract. The statutory issue was a genuine and essential element in the litigation, a decision on the validity of the statute was necessary to a determination of the cause, and therefore a finding of validity was inherent in the orders of the lower court from which this appeal is brought. *P. G. Lissenden Co., Inc. v. Board of County Commissioners of Palm Beach County,*116 So.2d 632 (Fla.1959); *Harrell’s Candy Kitchen, Inc. v. Sarasota-Manatee Airport Authority,*111 So.2d 439 (Fla.1959). This appeal is transferred to the Supreme Court of Florida pursuant to Fla.App. Rule 2.1, subd. a(5)(d).

DREW, E. HARRIS (Retired), and STET-TIN, HERBERT, Associate Judges, concur.
Draft 11/13/03 Attachment 5 RULE 5

Rule 5. Effective Date (Adopted 5/23/72, Revised / / )

All Rules are effective for all equipment as of the effective date of their

adoption, unless indicated otherwise. When an effective date is otherwise

indicated, existing equipment shall be subject to the previous Rule until the

newly adopted Rule becomes effective.

"Existing equipment" means all equipment that is in use or is under

construction on the date of rule adoption.
Certification of Chief Executive Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.  1350), the undersigned, Darren Holm, Chief Executive Officer of China Holdings, Inc, (the "Company"), does hereby certify, to his  knowledge, that:

The Quarterly Report Form 10-QSB for the period ending June 30, 2007  Of the Company (the "Report") fully complies with the requirements of  Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the  information contained in the Report fairly presents, in all material  respects, the financial condition and results of operations of the  Company.

Date:       September 6, 2007

/s/Darren J. Holm-------------------------Darren J. HolmChief Executive Officer

Certification of Chief Financial Officer

  Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.  1350), the undersigned, Dempsey Mork, Chief Financial Officer of China Holdings, Inc, (the "Company"), does hereby certify, to hisknowledge, that:

The Quarterly Report Form 10-QSB for the period ending June 30, 2007  of the Company (the "Report") fully complies with the requirements of  Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the  information contained in the Report fairly presents, in all material  respects, the financial condition and results of operations of the Company.

Date:  September 6, 2007

/s/Dempsey K. Mork  -------------------------  Dempsey K. Mork  Chief Financial Officer
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

TYRONE GREEN, )

)

Plaintiff, )

) Civil Action No. 03-149 Erie

v. )

)

MARTIN HORN, et al., )

)

Defendants. )

MEMORANDUM ORDER

This civil rights action was received by the Clerk of Court on May 2, 2003, and

was referred to United States Magistrate Judge Susan Paradise Baxter for report and

recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and

Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. 

The Magistrate Judge's Report and Recommendation [Doc. No. 99], filed on May

9, 2006, recommended that the motion for summary judgment filed by Plaintiff against

Defendants Baker and John Doe [Doc. No. 77] be denied; the motion for summary

judgment filed by Defendants Baker and Telega [Doc. No. 83] be granted; the motion to

dismiss or for summary judgment filed by Defendants Barr, Brennan, Wolfe and

Overton [Doc. No. 86] be granted; and Plaintiff’s claim against Defendant John Doe be

dismissed pursuant to 28 U.S.C. §§ 1915(e)(2), 1915A and 42 U.S.C. § 1997e(c).

The parties were allowed ten (10) days from the date of service to file objections. 

Service was made on Plaintiff by certified mail and on Defendants. Plaintiff filed

objections [Doc. No. 100] on May 18, 2006, and Defendants Baker and Telega filed a

response to Plaintiff’s objections [Doc. No. 103] on May 23, 2006. After de novo review

of the motion and documents in the case, together with the Report and

Recommendation, the objections and response thereto, the following order is entered:

AND NOW, this 30th day of May, 2006; 

IT IS HEREBY ORDERED that the motion for summary judgment filed by

Plaintiff against Defendants Baker and John Doe [Doc. No. 77] is DENIED; the motion

for summary judgment filed by Defendants Baker and Telega [Doc. No. 83] is

Case 1:03-cv-00149-SJM-SPB Document 104 Filed 05/30/06 Page 1 of 2
2

GRANTED; the motion to dismiss or for summary judgment filed by Defendants Barr,

Brennan, Wolfe and Overton [Doc. No. 86] is GRANTED; and Plaintiff’s claim against

Defendant John Doe is DISMISSED pursuant to 28 U.S.C. §§ 1915(e)(2), 1915A and

42 U.S.C. § 1997e(c). 

The Report and Recommendation [Doc. No. 99] of Magistrate Judge Baxter, filed

on May 9, 2006, is adopted as the opinion of the Court.

 s/ Sean J. McLaughlin

United States District Judge

cm: All parties of record

Susan Paradise Baxter, U.S. Magistrate Judge

Case 1:03-cv-00149-SJM-SPB Document 104 Filed 05/30/06 Page 2 of 2
#### RELIABLE SERVICES, INC. et al., Appellants, v. Mark Alan TAFT et al., Appellees.

No. 70-775.

District Court of Appeal of Florida, Third District.

April 20, 1971.

*98Adams, George & Wood and David L. Willing, Miami, for appellants.

Sams, Anderson, Alper & Spencer, Horton & Schwartz, Miami, for appellees.

Before PEARSON, C. J., and BARK-DULL and SWANN, JJ.

PER CURIAM.

The defendants appeal a final judgment which was entered after a jury verdict in favor of plaintiff on his complaint alleging negligence in the operation of an automobile. The appellants have presented five points on appeal, each of which urges that the trial court erred in ruling upon a matter of evidence. None of these points are based upon rules of evidence which have not been fully discussed in the appellate decisions of this state. It therefore would not be fruitful for us to discuss the application of these evidentiary rules to the particular facts of this case. It is sufficient for us to point out that in every point raised the rulings are, in our opinion, correct.

The judgment is therefore affirmed upon the authority of the rule that a judgment will not be set aside on the ground of an improper ruling on evidence unless it appears that the error injuriously affected the substantial rights of the complaining party, see Huffman v. Peek, Fla.App.1958, 102 So.2d 641; Atlantic Coastline Railway Company v. Ganey, Fla.App.1960, 125 So.2d 576.

Affirmed.
No. 99-8840.

#### Robinson *v.*United States.

C. A. 7th Cir. Motion of petitioner for leave to proceed *in forma pauperis*granted. Certiorari granted, judgmént vacated, and case remanded for further consideration in light of *Glover*v. *United States, ante,*p. 198.
Exhibit 99.2

                         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 Thomasville Bancshares, Inc. (the
"Company") on Form 10-KSB for the year ended December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, Stephen H. Cheney, principal executive, financial and accounting
officer of the Company, does hereby certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that to the best of my knowledge:

     1.  The Report fully complies with the requirements of section 13(a) 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/ Stephen H. Cheney
-------------------------------------
Stephen H. Cheney
President and Chief Executive Officer
March 31, 2003
Exhibit 32.1 - Chief Executive Officer Certification (Section 906)

                        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 RPM Advantage, Inc. (the
"Company") on Form 10-QSB for the period ending September 30, 2010, as
filed with the Securities and Exchange Commission on the date
hereof (the "Report").

I, David R. Pressler, Chief Executive Officer 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, to the best of my knowledge and belief:

               (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/ David R. Pressler
--------------------------
    David R. Pressler
    CEO President and Director


Date  April 25, 2011
      -----------------
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-END>                               JAN-31-1998
<CASH>                                          31,465
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                    623,657
<CURRENT-ASSETS>                                44,359
<PP&E>                                         138,392
<DEPRECIATION>                                   6,675
<TOTAL-ASSETS>                               4,508,909
<CURRENT-LIABILITIES>                          481,012
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     2,009,485
<OTHER-SE>                                   (226,434)
<TOTAL-LIABILITY-AND-EQUITY>                 4,508,909
<SALES>                                        202,869
<TOTAL-REVENUES>                               202,869
<CGS>                                          199,981
<TOTAL-COSTS>                                  199,981
<OTHER-EXPENSES>                               252,745
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (203,757)
<INCOME-TAX>                                 (203,757)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (203,757)
<EPS-PRIMARY>                                    (.06)
<EPS-DILUTED>                                    (.06)
        

</TABLE>
|   | · | the      Report fully complies with the requirements of Section 13(a) or 15(d) of      the Securities Exchange Act of 1934;and |
|--------|--------|--------------------------------------------------------------------------------------------------------------------------------|

|   | · | information      contained in the Report fairly presents, in all material respects, the      Company’s consolidated financial condition and results of      operations. |
|--------|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                    | /s/ Zhenggang Wang                               |
|-------------------------|--------------------------------------------------|
|                    | Zhenggang      Wang                              |
|                    | Chief      Executive Officer and Chairman        |
| Date:      May 17, 2010 | (Principal      Executive Officer)               |
|                    |                                             |
|                    | /s/ Jian Zhang                                   |
|                    | Jian      Zhang                                  |
|                    | Chief      Financial Officer                     |
| Date:      May 17, 2010 | (Principal      Accounting and FinancialOfficer) |

----
**Exhibit      32.1**

|                                 |                                                                                                                                                        |                                       |
|--------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------|
| November              14, 2007  |                                                                                                                                                        | /s/ Zhenggang              Wang  |
|                                 | Zhenggang                WangChairman                of the Board & Chief                Executive Officer (Principal                Executive Officer) |

|                                   |                                                                                                                        |                                              |
|----------------------------------------|-----------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------|
| November                14, 2007  |                                                                                                                   | /s/ Weidong                Huang   |
|                                   | Weidong                    HuangChief                    Financial Officer (Principal                    Financial Officer) |

----
[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Notices]
[Page 50407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25612]


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

NATIONAL COUNCIL ON DISABILITY


Sunshine Act Meeting

TYPE: Quarterly Meeting.

AGENCY: National Council on Disability.

SUMMARY: This notice sets forth the schedule and proposed agenda of the 
forthcoming quarterly meeting of the National Council on Disability. 
Notice of this meeting is required under Section 522b(e)(1) of the 
Government in the Sunshine Act, (P.L. 94-409).

DATES: November 3-5, 1997, 8:30 a.m. to 5:00 p.m.

LOCATION: Sheraton City Centre Hotel, 1143 New Hampshire Avenue, NW., 
Washington, DC 20037; 202-775-0800.

FOR INFORMATION CONTACT: Mark S. Quigley, Public Affairs Specialist, 
National Council on Disability, 1331 F Street NW, Suite 1050, 
Washington, D.C. 20004-1007; 202-272-2004 (Voice), 202-272-2074 (TTY), 
202-272-2022 (Fax).

AGENCY MISSION: The National Council on Disability is an independent 
federal agency composed of 15 members appointed by the President of the 
United States and confirmed by the U.S. Senate. Its overall purpose is 
to promote policies, programs, practices, and procedures that guarantee 
equal opportunity for all people with disabilities, regardless of the 
nature of severity of the disability; and to empower people with 
disabilities to achieve economic self-sufficiency, independent living, 
and inclusion and integration into all aspects of society.

ACCOMMODATIONS: Those needing interpreters or other accommodations 
should notify the National Council on Disability prior to this meeting.

ENVIRONMENTAL ILLNESS: People with environmental illness must reduce 
their exposure to volatile chemical substances in order to attend this 
meeting. In order to reduce such exposure, we ask that you not wear 
perfumes or scents at the meeting. We also ask that you smoke only in 
designated areas and the privacy of our room. Smoking is prohibited in 
the meeting room and surrounding area.

OPEN MEETING: This quarterly meeting of the National Council on 
Disability will be open to the public.

AGENDA: The proposed agenda includes:.

Reports from the Chairperson and the Executive Director
Committee Meetings and Committee Reports
Strategic Planning--Closed Work Session for Members and Staff
Return-to-work Initiative
Disability Date Collection
Unfinished Business
New Business
Announcements
Adjournment

    Records will be kept of all National Council on Disability 
proceedings and will be available after the meeting for public 
inspection at the National Council on Disability.

    Signed in Washington, DC, on September 23, 1997.
Ethel D. Briggs,
Executive Director.
[FR Doc. 97-25612 Filed 9-23-97; 12:38 p.m.]
BILLING CODE 6820-MA-M
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial  information extracted from the balance
sheet of CNL Income FUnd XVII,  Ltd. at December 31, 1998,  and its statement of
income for the year then ended and is  qualified in its entirety by reference to
the Form 10-K of CNL Income  Fund XVII,  Ltd.  for the year ended  December  31,
1998.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   year
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   DEC-31-1998
<CASH>                                         1,492,343
<SECURITIES>                                   0
<RECEIVABLES>                                  35,246
<ALLOWANCES>                                   1,283
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0<F1>
<PP&E>                                         21,523,945
<DEPRECIATION>                                 (875,817)
<TOTAL-ASSETS>                                 27,365,705
<CURRENT-LIABILITIES>                          0<F1>
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     26,230,361
<TOTAL-LIABILITY-AND-EQUITY>                   27,365,705
<SALES>                                        0
<TOTAL-REVENUES>                               2,868,085
<CGS>                                          0
<TOTAL-COSTS>                                  551,890
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                2,394,158
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            2,394,158
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   2,394,158
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0

<FN>
<F1>Due  to the  nature of its  industry,  CNL Income  Fund  XVII,  Ltd.  has an
unclassified  balance  sheet;  therefore,  no values are shown above for current
assets and current liabilities.
</FN>
        

</TABLE>
No. 00-783.

#### The Pitt News *v.*Fisher et al.

C. A. 3d Cir. Certiorari denied.
**EXHIBIT
      32.1**




CERTIFICATION
      PURSUANT TO RULE 13a-14(b) OR




RULE
      15d-14(b) and 18 U.S.C. §1350,




AS
      ADOPTED PURSUANT TO




SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002




In
      connection with the quarterly report of Pangea Petroleum Corporation (the
      "Company") on Form 10-QSB for the period ended March 31, 2007 as filed with
      the
      Securities and Exchange Commission on the date hereof (the "Report"), I, Charles
      B. Pollock, Chief Executive Officer 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.




Date:
              May 15,
              2007
            
            By:
            /s/
              Charles B.
              PollockCharles
                B. PollockChief
                Executive Officer