alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Albert J. LATORRA, D. O., Petitioner, v. Lucy PATRICK and Douglas Patrick, her husband, Respondents.

No. 77-1129.

District Court of Appeal of Florida, Fourth District.

April 10, 1978.

Rehearing Denied June 5, 1978.

William D. Ricker, Jr. of Fleming, O’Bryan & Fleming, Fort Lauderdale, for petitioner.

L. M. Taylor of Ryan & Taylor, North Palm Beach, for respondents.

CROSS, Judge.

Petitioner, Albert J. Latorra, seeks review through petition for a common law writ of certiorari of an order terminating a medical malpractice mediation proceeding with respect to petitioner.

Petitioner was one of four original defendants in a medical malpractice mediation proceeding filed in the Fifteenth Judicial Circuit of Palm Beach County on March 24, 1977. Petitioner, after being duly served, sought to file his answer in the matter, but inadvertently filed it in the Seventeenth Judicial Circuit of Broward County on April 25th. Petitioner’s answer was timely served on all parties. All other defendants properly served and filed their answers. On April 27th the judicial referee entered an order that jurisdiction of the mediation panel over the medical malpractice claim against petitioner had terminated as the result of petitioner’s failure to properly file a responsive pleading to the claim. The misfiled answer reached the Clerk of the Palm Beach County Circuit Court on May 3rd, having been forwarded by the Clerk of the Circuit Court of Broward County. On May 5 petitioner served and filed his motion for rehearing, reconsideration or enlargement of time to answer. A hearing on petitioner’s motion was held on May 12th, at which time the court denied said motion. Hence, this petition for a writ of certiorari.

The sole question for our determination is whether the judicial referee erred in ruling that petitioner’s failure to file an answer within twenty (20) days in the proper court terminated the jurisdiction of the medical mediation panel.

Section 768.44, Florida Statutes (Supp.1977), provides for the establishment of medical liability mediation panels to aid in the just, speedy and inexpensive determination of medical malpractice claims. *Carter v. Sparkman,*335 So.2d 802 (Fla.1976). Section 768.44(1)(c) provides:

> *464“All parties named as defendants in the claim shall file an answer to such claim within 20 days of the date of service. No other pleadings shall be allowed. *If no answer is filed within such time limit, the jurisdiction of the mediation panel over the subject matter shall terminate,*and the parties may proceed in accordance with law.” (Emphasis added)

The time period established by the provisions of § 768.44(1)(c), Florida Statutes, is jurisdictional as are other limitation periods established by § 768.44. *Perkins v. Pare,*352 So.2d 65 (Fla.4th DCA 1977). Judicial referees have no discretion in matters which are jurisdictional. *Cole v. Wallace,*354 So.2d 885 (Fla.4th DCA 1977).

Accordingly, petition for certiorari is denied.

Certiorari denied.

DOWNEY and MOORE, JJ., concur.
#### Mary E. HALL, Appellant, v. Clyde N. HALL, Appellee.

No. 69-693.

District Court of Appeal of Florida, Fourth District.

April 8, 1970.

Appeal dismissed.
[Letterhead of Coopers & Lybrand L.L.P.]

                        REPORT OF INDEPENDENT ACCOUNTANTS


We have examined the accompanying management's assertion that, as of December
31, 1997, Bank One, Texas, N.A. maintained effective internal control over the
servicing of motor vehicle retail installment sale contracts for the Banc One
Auto Grantor Trust 1997-A.

Our examination was made in accordance with standards established by the
American Institute of Certified Public Accountants and, accordingly, included
obtaining an understanding of the internal control over the loan servicing
process, testing and evaluating the design and operating effectiveness of the
internal control, and such other procedures as we considered necessary in the
circumstances. We believe that our examination provides a reasonable basis for
our opinion.

Because of inherent limitations in any internal control, errors or
irregularities may occur and not be detected. Also, projections of any
evaluation of the internal control over the loan servicing process to future
periods are subject to the risk that the internal control may become inadequate
because of changes in conditions, or that the degree of compliance with the
policies and procedures may deteriorate.

In our opinion, management's assertion that Bank One, Texas, N.A. maintained
effective internal control over the servicing of motor vehicle retail
installment sale contracts for the Banc One Auto Grantor Trust 1997-A as of
December 31, 1997, is fairly stated, in all material respects, based upon
criteria established by the Committee of Sponsoring Organizations of the
Treadway Commission (COSO) as described in Internal Control--Integrated
Framework.

                                                     /s/Coopers & Lybrand L.L.P.


Columbus, Ohio
March 27, 1998


<PAGE>

                       Assertion by Bank One, Texas, N.A.


Bank One, Texas, N.A. services the motor vehicle retail installment sale
contracts for the Banc One Auto Grantor Trust 1997-A. Bank One, Texas, N.A.
maintained effective internal control over the loan servicing for the Banc One
Auto Grantor Trust 1997-A as of December 31, 1997, based upon criteria
established by the Committee of Sponsoring Organizations of the Treadway
Commission (COSO) as described in Internal Control--Integrated Framework.





/s/John J. Jaeger          /s/Paul H. Jones          /s/Joseph A. Pietrangelo
------------------------   -----------------------   ---------------------------
John J. Jaeger             Paul H. Jones             Joseph A. Pietrangelo
Assistant Vice President   National Consumer Loan    Senior Vice President
                           Servicing Manager         National Operations Manager
United States Court of Appeals

for the Fifth Circuit

____________

No. 22-40785

____________

Kevin Rashaan Golden, 

Plaintiff—Appellant,

versus

City of Longview, Public Works Division; Rolin McPhee, 

Director, City of Longview Public Works; Chi Ping Stephen Ha, 

Supervisor, Traffic Engineering Department; Keith Covington, 

Assistant Supervisor, Traffic Engineering Department; Mary Ann 

Miller, Human Resources Director; Unknown Parties, Interested 

parties within Gregg County, Texas, 

Defendants—Appellees.

______________________________

Appeal from the United States District Court 

for the Eastern District of Texas

USDC No. 6:20-CV-620

______________________________

Before Richman, Chief Judge, and Haynes and Duncan, Circuit 

Judges.

Per Curiam:

*

Pro se plaintiff Kevin Rashaan Golden appeals the dismissal of his 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

November 9, 2023

Lyle W. Cayce

Clerk

Case: 22-40785 Document: 00516962517 Page: 1 Date Filed: 11/09/2023
No. 22-40785

2

claims alleging that he was illegally fired on account of his disability. See 

Golden v. City of Longview, No. 6:20-CV-00620-JDK, 2021 WL 3829126, at 

*10 (E.D. Tex. Aug. 4, 2021) (recommendation to dismiss claims against City 

employees under Federal Rule of Civil Procedure 12(b)(6) and 

28 U.S.C. § 1915(e)(2)(B)(ii)); Golden v. City of Longview, No. 6:20-CV-620-

JDK-JDL, 2021 WL 3809265, at *1 (E.D. Tex. Aug. 26, 2021) (adopting 

recommendation); Golden v. City of Longview, No. 6:20-CV-00620-JDL, 

2022 WL 2704533, at *11 (E.D. Tex. July 11, 2022) (summary judgment 

dismissing remaining ADA claims); Golden v. City of Longview, 2022 WL 

16625713, at *9 (E.D. Tex. Nov. 1, 2022) (same).

Finding no reversible error, we AFFIRM. See 5th Cir. R. 47.6.

Case: 22-40785 Document: 00516962517 Page: 2 Date Filed: 11/09/2023
#### Peter SIMMONS, Jr., Appellant, v. The STATE of Florida, Appellee.

No. 68-1013.

District Court of Appeal of Florida. Third District.

May 7, 1969.

PER CURIAM.

Appeal dismissed.
[Federal Register Volume 62, Number 23 (Tuesday, February 4, 1997)]
[Notices]
[Page 5243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2677]


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


DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AK-910-0777-74]
AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Alaska Resource Advisory Council meeting.

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

SUMMARY: The Alaska Resource Advisory Council will conduct an open 
meeting Tuesday, March 11, 1997 from 9 a.m. to 5 p.m. and Wednesday, 
March 12, 1997 from 8:30 a.m. until 4 p.m. The purpose of the meeting 
is to discuss mining issues on the Fortymile Wild and Scenic River. The 
meeting will be held at the BLM Northern District Office, 1150 
University Avenue, Fairbanks, AK. Public comments pertaining only to 
mining access and occupancy on navigable and wild portions of the 
Fortymile will be taken from 3-4 p.m. Tuesday, March 11. Written 
comments may be submitted at the meeting.

ADDRESSES: Inquiries about the meeting should be sent to External 
Affairs, Bureau of Land Management, 222 W. 7th Avenue, #13, Anchorage, 
Alaska 99513-7599.

FOR FURTHER INFORMATION CONTACT:
Teresa McPherson at (907) 271-5555.

    Dated: January 28, 1997.
Tom Allen,
State Director.
[FR Doc. 97-2677 Filed 2-3-97; 8:45 am]
BILLING CODE 4310-SA-M
<TABLE> <S> <C>



<PAGE>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the December
31, 1998 Financial Statements and is qualified in its entirety by reference to
such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       2,576,873
<SECURITIES>                                         0
<RECEIVABLES>                                  887,776
<ALLOWANCES>                                    12,955
<INVENTORY>                                    473,265
<CURRENT-ASSETS>                             3,957,430
<PP&E>                                       3,662,467
<DEPRECIATION>                               2,120,514
<TOTAL-ASSETS>                               7,499,219
<CURRENT-LIABILITIES>                        1,554,593
<BONDS>                                      1,554,556
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        31,991
<OTHER-SE>                                   4,358,079
<TOTAL-LIABILITY-AND-EQUITY>                 7,499,219
<SALES>                                      8,881,242
<TOTAL-REVENUES>                             9,154,111
<CGS>                                        5,522,934
<TOTAL-COSTS>                                6,287,657
<OTHER-EXPENSES>                             1,501,401
<LOSS-PROVISION>                               352,029
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                884,746
<INCOME-TAX>                                    17,600
<INCOME-CONTINUING>                            867,146
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   867,146
<EPS-PRIMARY>                                      .27<F1>
<EPS-DILUTED>                                      .26
        
<FN>
<F1> the amount is reported as EPS basic, not EPS primary.
</FN>


</TABLE>
118TH CONGRESS 

2D SESSION S. 3126 

AN ACT 

To amend title 38, United States Code, to authorize the 

Secretary of Veterans Affairs to furnish or replace a 

headstone, marker, or medallion for the grave of an 

eligible Medal of Honor recipient regardless of the recipient’s dates of service in the Armed Forces, and for 

other purposes. 
2 

†S 3126 ES

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 ‘‘Mark Our Place Act’’. 

5 SEC. 2. EXPANSION OF ELIGIBILITY FOR GOVERNMENT6 FURNISHED HEADSTONE, MARKER, OR ME7 DALLION FOR MEDAL OF HONOR RECIPI8 ENTS. 

9 (a) IN GENERAL.—Section 2306(d)(5)(C) of title 38, 

10 United States Code, is amended— 

11 (1) by striking clause (i); 

12 (2) in clause (ii), by inserting ‘‘(except that 

13 subparagraph (B)(i) of such paragraph shall not 

14 apply)’’ after ‘‘paragraph (4)’’; and 

15 (3) by redesignating clauses (ii) and (iii) as 

16 clauses (i) and (ii), respectively. 

17 (b) TECHNICAL CORRECTION.—Section 2306(d)(5) 

18 of such title is amended by striking ‘‘section 491’’ both 

19 places it appears and inserting ‘‘section 2732’’. 

Passed the Senate May 1, 2024. 

Attest: 

Secretary. 

118TH CONGRESS 

2D SESSION S. 3126 

AN ACT 

To amend title 38, United States Code, to authorthe Armed Forces, and for other purposes. regardless of the recipient’s dates of service in the grave of an eligible Medal of Honor recipient or replace a headstone, marker, or medallion for ize the Secretary of Veterans Affairs to furnish
EXHIBIT 21.1

LIST OF SUBSIDIARIES OF SHILOH INDUSTRIES, INC.

The following is a list of the subsidiaries of
Shiloh Industries, Inc., a Delaware corporation (the Corporation). The common stock of all the corporations listed below is wholly owned, directly or indirectly, by the Corporation. If indented, the Corporation is a wholly owned
subsidiary of the corporation under which it is listed unless otherwise noted.



|                                                       |  |                      
|------------------------------------------------------ |  | ---------------------
|NAME OF CORPORATION                                    |  | STATE OFINCORPORATION
|Shiloh Corporation                                     |  | Ohio                 
|The Sectional Die Company                              |  | Ohio                 
|Sectional Stamping, Inc.                               |  | Ohio                 
|Medina Blanking, Inc.(1)                               |  | Ohio                 
|Liverpool Coil Processing, Incorporated                |  | Ohio                 
|VCS Properties, LLC                                    |  | Ohio                 
|Greenfield Die & Manufacturing Corp.                   |  | Michigan             
|Shiloh Incorporated                                    |  | Michigan             
|C & H Design Company                                   |  | Michigan             
|Jefferson Blanking Inc.                                |  | Georgia              
|Shiloh Automotive, Inc.                                |  | Ohio                 
|Shiloh de Mexico S.A. de C.V.(2)                       |  | Mexico               
|Shiloh International S.A. de C.V.(3)                   |  | Mexico               
|Shiloh Industries, Inc. Dickson Manufacturing Division |  | Tennessee            

---

|(1) | Medina Blanking, Inc. is 22% owned by the Corporation and 78% owned by Shiloh Corporation.
|--- | ------------------------------------------------------------------------------------------

|(2) | Shiloh de Mexico S.A. de C.V. is owned 99% by the Corporation and 1% by Medina Blanking, Inc.
|--- | ---------------------------------------------------------------------------------------------

|(3) | Shiloh International S.A. de C.V. is owned 98% by the Corporation and 2% by Shiloh de Mexico S.A. de C.V.
|--- | ---------------------------------------------------------------------------------------------------------
**Exhibit 23.1**

 

 

# **INDEPENDENT AUDITORS’ CONSENT**

 

 

The Board of Directors and Stockholders

FTD, Inc.:

 

Weconsent to the incorporation by reference in the registration statement (No.333-96627) on Form S-8 of FTD, Inc. of our reports dated July 29, 2002, with respectto the consolidated balance sheets of FTD, Inc. and subsidiaries as of June 30,2002 and 2001, and the related consolidated statements of operations andcomprehensive income, stockholders’ equity, and cash flows for each of theyears in the three-year period ended June 30, 2002, and the related financialstatement schedule, which reports appear in the June 30, 2002, annual report onForm 10-K of FTD, Inc.

 

 

 

/s/ KPMG LLP

 

Chicago, Illinois

September 11, 2002

 

 

----
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

SEAN CARLOS BURKE, )

)

Plaintiff, )

) Civil Action No. 05-371 Erie

v. )

)

ACCO BRANDS, INC., et al., )

)

Defendants. )

MEMORANDUM ORDER

This civil rights action was received by the Clerk of Court on December 20, 2005,

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. 27], filed on July

21, 2006, recommended that Defendant ACCO Brands’ motion to dismiss [Doc. No. 5]

be denied, and that Plaintiff be directed to file an amended complaint as to his tort

claims against ACCO Brands, Boise Cascade Corporation, and John Doe Manufacturer

within twenty days. 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. No

objections were filed. After de novo review of the motion and documents in the case,

together with the Report and Recommendation, the following order is entered:

AND NOW, this 9th day of August, 2006; 

IT IS HEREBY ORDERED that the Defendant ACCO Brands’ motion to dismiss

[Doc. No. 5] is DENIED; it is further ORDERED that Plaintiff file an amended complaint

as to his tort claims against ACCO Brands, Boise Cascade Corporation, and John Doe

Manufacturer, within twenty days. 

The Report and Recommendation [Doc. No. 5] of Magistrate Judge Baxter, filed

on July 21, 2006, is adopted as the opinion of the Court.

 s/ Sean J. McLaughlin

United States District Judge

Case 1:05-cv-00371-SJM-SPB Document 29 Filed 08/09/06 Page 1 of 2
2

cm: All parties of record

Susan Paradise Baxter, U.S. Magistrate Judge

Case 1:05-cv-00371-SJM-SPB Document 29 Filed 08/09/06 Page 2 of 2
#### Deanna ROPER, etc., Petitioner, v. PITTWOOD, INC., et al., Respondents.

No. 39615.

Supreme Court of Florida.

June 8, 1970.

Certiorari denied.

ERVIN, C. J., and ROBERTS, DREW, THORNAL and CARLTON, JJ., concur.
#### Michael James MARAMAN, Appellant, v. STATE of Florida, Appellee.

No. 77-332.

District Court of Appeal of Florida, Second District.

Oct. 7, 1977.

Jack 0. Johnson, Public Defender, Bar-tow, and Douglas A. Wallace, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Davis G. Anderson, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate any reversible error; therefore, the judgment appealed is affirmed. The judgment and sentence of the court, while indicating the appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1) Florida Statutes. *Smith v. State,*310 So.2d 770 (Fla.2d DCA 1975).

Appellant was also improperly sentenced to confinement “at hard labor.” To be imprisoned “at hard labor” is improper because no existing state statute provides for its imposition as a sentence for any offense. *McDonald v. State,*321 So.2d 453 (Fla. 4th DCA 1975).

Remanded for the purpose of specifically stating the amount of credit time to which the appellant is entitled and for striking the phrase “at hard labor” in the judgment and sentence; otherwise affirmed. Appellant need not be present for this purpose.

SCHEB, Acting C. J., and OTT and RYDER, JJ., concur.
Exhibit 32.1
                                                                     -----------



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


I,  Timothy  R.  Kasmoch, as the Chief Executive Officer of N-Viro International
Corporation,  certify  that,  to the best of my knowledge, (i) the Form 10-KSB/A
(Amendment No. 1) fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934 and (ii) the information contained in the
Form  10-KSB/A  (Amendment No. 1) fairly presents, in all material respects, the
financial  condition  and  results  of  operations  of  N-Viro  International
Corporation.


/s/ Timothy  R.  Kasmoch
------------------------
Timothy  R.  Kasmoch,  President  and  Chief  Executive  Officer
April 29,  2008
<PAGE>

                                                                    EXHIBIT 10.1

                         Material Contract--Letter dated
                          January 15, 2003, relating to
                         MorAmerica Capital Corporation
                          Investment Advisory Agreement



                                       22
<PAGE>

InvestAmerica Investment Advisors, Inc.





January 15, 2003




MACC Private Equities Inc. Board of Directors
MorAmerica Capital Corporation Board of Directors
MACC Private Equities Inc.
101 Second Street SE, Suite 800
Cedar Rapids, IA  52401

RE:      Voluntary, Temporary Management Fee Reduction

Dear Board Members:

InvestAmerica Investment Advisors, Inc. (InvestAmerica) manages MACC Private
Equities Inc. and MorAmerica Capital Corporation pursuant to the terms of two
Investment Advisory Agreements with February 28 renewal dates. Based upon our
judgment of the urgent need to reduce projected losses and to bring MorAmerica
Capital Corporation to breakeven and to profitability in Fiscal 2003,
InvestAmerica has proposed a revised 2003 budget for MACC.

In the Revised Budget, InvestAmerica has voluntarily proposed a temporary
management fee reduction at MorAmerica Capital Corporation. The terms of the
reduced fee structure would include:

         1.       The term of the temporary reduction would be from January 1,
                  2003 through February 29, 2004.

         2.       The current terms of remuneration in the MorAmerica Capital
                  Corporation Agreement would allow a management fee of
                  $98,574.31 per month with a calculation of Assets Under
                  Management limited the fee to $90,522.49 as of October 2002.
                  The temporary revised terms of remuneration at MorAmerica
                  Capital Corporation will be $68,750.00 per month not to exceed
                  the calculation specified in our current MorAmerica Capital
                  Corporation Investment Advisory Agreement based on Assets
                  Under Management.

         3.       This voluntary, temporary reduction in management fees is
                  intended to be temporary and is not intended to permanently
                  alter the terms of the existing MACC Private Equities Inc. or
                  MorAmerica Capital Corporation Investment Advisory Agreements
                  with InvestAmerica.



                                       23
<PAGE>

January 15, 2003
Page 2


         4.       While we wish to make this voluntary and temporary reduction
                  for the reasons discussed above, please be assured that there
                  will be no reduction of the quality or quantity of services we
                  provide under the Advisory Agreements and we acknowledge that
                  the contract terms remain in full force and effect as to all
                  of our obligations.

Sincerely,

/s/David Schroder
-----------------

David Schroder
President




                                       24