alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jerry ALVIS, Appellant, v. John E. CARTER, Jr., Owner Atlantic Garden Apartments, Appellee.

No. S-94.

District Court of Appeal of Florida, First District.

June 12, 1973.

Rehearing Denied July 31, 1973.

Ernest D. Jackson, Sr., Jacksonville, for appellant.

Edward S. Parrish, Jr., of Fischette, Parrish & Owen, Jacksonville, for appellee.

PER CURIAM.

Appellant seeks reversal of a final judgment awarding appellee $863.75 for costs and attorneys’ fees and declaring appellant’s claim of lien unenforceable and thereby cancelled and annulled.

*23We have given full consideration to the record on appeal, the briefs and oral argument of the parties. It appearing therefrom that appellant has failed to demonstrate that reversible error was committed in the proceedings below, the judgment appealed herein is affirmed upon the authority of Florida Statutes, § 713.31(2), F.S.A.

Affirmed.

CARROLL, DONALD K., Acting C. J., and RAWLS and JOHNSON, JJ., concur.
TTP BRIDGE PROGRAM CERTIFICATION 

CHECKLIST – Bipartisan Infrastructure Law (BIL) 

Project Name: Project 

Number: Structure No. 

(Item 8):

ID Number: BIA Region: 

Agency:

Reservation:

County: State: Project 

Location: 

General Description of the Work:

Ownership: BIA (Yes/No): If non-BIA owned, provide the following:

Name of Owner:

Point of Contact: Name and Phone Number

Bridge Condition (Good/Fair/Poor):

Note: Attach NBI Data Information for bridge (https://infobridge.fhwa.dot.gov/) 

Type of Construction (Rehabilitation/Replacement/New Construction):
Do School Buses use this bridge (Yes/No)? 

Safety issues involved with this project?

Does the bridge project have Right-of-Way (Yes/No)? If Yes, date obtained: 

NEPA Compliance, Date: PS&E Approval, Date:

Amount of Funding Request: $ 

Remarks:

We certify that the bridge project information is accurate and complete.

Tribal Transportation Director (approval):

Print Name:
#### O’BRIEN BROTHERS, Owner of Scows THE NEWLIGHT, SIDELIGHT, BUOYLIGHT, SPEEDLIGHT, and DUMPER SEA SHELL, Libelant-Appellant, v. THE Steamship SAN JUAN, Agwilines, Inc., Claimant-Appellee.

No. 186.

Circuit Court of Appeals, Second Circuit.

Jan. 18, 1937.

Foley & Martin, of New York City, for appellant O’Brien Brothers, Inc.

Burlingham, Veeder, Qark & Hupper, of New York City (Chauncey I. Clark and Stanley R. Wright, both of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

Decree affirmed.
EXHIBIT 32.1



Certification of Principal Executive Officer

and
Principal Financial Officer Pursuant to 18 U.S.C. Section 1350

as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



In connection with the accompanying Form 10-K of Sunrise Telecom
Incorporated for the year ended December 31, 2008, we, Paul A. Marshall, President and Chief Executive Officer and Richard D. Kent, Chief Financial Officer, respectively, of Sunrise Telecom Incorporated, hereby certify to the best of our
knowledge, that:



| | (1) |  | such Form 10-K for the year ended December 31, 2008, as filed with the Securities and Exchange Commission, fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and
| | --- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) |  | the information contained in such Form 10-K for the year ended December 31, 2008, as filed with the Securities and Exchange Commission, fairly presents, in all material respects, the
financial condition and results of operations of Sunrise Telecom Incorporated.
| | --- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|            |  |  |  |                                                                                     
|----------- |  |  |  | ------------------------------------------------------------------------------------
|May 1, 2009 |  |  |  | /s/     PAUL A.
MARSHALL                                                            
|Date        |  |  |  | PAUL A. MARSHALL President and Chief Executive Officer (Principal Executive Officer)
|            |  | 
|May 1, 2009 |  |  |  | /s/     RICHARD D.
KENT                                                             
|Date        |  |  |  | RICHARD D. KENT Chief Financial Officer (Principal Financial Officer)
#### Michael James MASSEY, Appellant, v. STATE of Florida, Appellee.

No. FF-417.

District Court of Appeal of Florida, First District.

Aug. 18, 1977.

Rehearing Denied Sept. 9, 1977.

*1245Michael J. Minerva, Public Defender, for appellant.

Robert L. Shevin, Atty. Gen. and Raymond L. Marky and Michael H. Davidson, Asst. Attys. Gen., for appellee.

BOYER, Chief Judge.

The issue to be here resolved is whether the offense of attempted burglary of an unoccupied structure is a felony of the third degree or a misdemeanor of the first degree.

Appellant urges that the trial court erred when imposing a five year sentence pursuant to Section 775.082(3)(d) Florida Statutes (1975) upon adjudicating appellant guilty of attempted burglary of an unoccupied structure in accordance with his plea of guilty.

Section 777.04(4)(c) Florida Statutes (1975) provides:

> “If the offense attempted, solicited, or conspired to is a felony of the second degree or any burglary, the person convicted shall be guilty of a felony of the third degree, punishable as provided in § 775.082, § 775.083, or § 775.084.”

The Attorney General of the State of Florida, in Opinion 077-4, attempted to construe and interpret several statutes therein cited, and concluded:

> “It is my firm opinion that the phrase *‘*. . .or any burglary, . . . ’ as used in § 777.04(4)(c), F.S. can have reference only to *any burglary of of [sic] the second degree*and that the attempted burglary of an unoccupied structure of conveyance is a first degree misdemeanor if the offense is otherwise compatible with the requirements set forth in § 180.-02(3) [810.02(3)], F.S.

> # # # * # #

> “The phrase ‘ . . .or any burglary, . . . ’ in § 777.04(4)(c), F.S., must be construed to mean any burglary of the second degree. The burglary classified by § 810.02(3), F.S., as a third degree felony is reduced by the operation of § 777.04(d), F.S., to a first degree misdemeanor.”

We must disagree. The statute does not require construction. The legislature exercised its prerogative in passing the statute and may do the same, if it so elects, by amendment. It is within the province of the legislature to punish attempted burglaries more severely than other attempted third degree felonies. The statute clearly provides that if the offense attempted was “any burglary” then the person convicted shall be guilty of a felony of the third degree. Section 775.082 Florida Statutes (1975), entitled “Penalties” provides punishment “For a felony of the third degree, by a term of imprisonment not exceeding 5 years.”

The learned trial judge did not err.

AFFIRMED.

McCORD, C. J., and RAWLS, J., concur.
#### Benjamin F. GILFORD and Alan E. Schaffer, Petitioners, v. STATE of Florida, Respondent.

No. 44535.

Supreme Court of Florida.

Oct. 24, 1973.

Certiorari dismissed. 281 So.2d 919.
No. 9667.

#### Oil Well Supply Co. *v.*Davidson.

(Decided December 18, 1906.)

Error to Circuit Court of Wood County.

*Mr. Edward Beverstock,*for plaintiff in error.

*Messrs. Baldwin & Harrington,*for defendant in error. ®

Judgment affirmed.

Price, Crew, Spear and Davis, JJ., concur.
255 La. 472

#### Joseph S. RUSSO v. Walter D. KELLY, Thomas M. Brahney, III, David L. Herman, Harry Herman, Herman & Herman, partnership, and Regina Ortolano Sciortino.

No. 50341.

Supreme Court of Louisiana.

Feb. 27, 1970.

In re: Joseph S. Russo applying for cer-tiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 228 So.2d 736.

Writ denied. We find no error of law in the ruling complained of.

SANDERS, J.,

is of the opinion a writ should be granted. Under the exceptional circumstances of this case, he is of the opinion that the case should be remanded to the district court to receive evidence as to the date of delivery of the Court decision.
II 

118TH CONGRESS 

1ST SESSION S. 3481 

To amend title XVIII of the Social Security Act to expand and expedite 

access to cardiac rehabilitation programs and pulmonary rehabilitation 

programs under the Medicare program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 13, 2023 

Mrs. CAPITO (for herself and Ms. KLOBUCHAR) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend title XVIII of the Social Security Act to expand 

and expedite access to cardiac rehabilitation programs 

and pulmonary rehabilitation programs under the Medicare program, and for other purposes. 

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 ‘‘Increasing Access to 

5 Quality Cardiac Rehabilitation Care Act of 2023’’. 

2 

•S 3481 IS

1 SEC. 2. EXPANDING ACCESS TO CARDIAC REHABILITATION 

2 PROGRAMS AND PULMONARY REHABILITA3 TION PROGRAMS UNDER MEDICARE PRO4 GRAM. 

5 (a) CARDIAC REHABILITATION PROGRAMS.—Section 

6 1861(eee) of the Social Security Act (42 U.S.C. 

7 1395x(eee)) is amended— 

8 (1) in paragraph (2)— 

9 (A) in subparagraph (A)(i), by striking ‘‘a 

10 physician’s office’’ and inserting ‘‘the office set11 ting’’; and 

12 (B) in subparagraph (C), by inserting after 

13 ‘‘physician’’ the following: ‘‘(as defined in sub14 section (r)(1)) or a physician assistant, nurse 

15 practitioner, or clinical nurse specialist (as 

16 those terms are defined in subsection (aa)(5))’’; 

17 (2) in paragraph (3)(A), by striking ‘‘physician18 prescribed exercise’’ and inserting ‘‘exercise pre19 scribed by a physician (as defined in subsection 

20 (r)(1)) or a physician assistant, nurse practitioner, 

21 or clinical nurse specialist (as those terms are de22 fined in subsection (aa)(5))’’; and 

23 (3) in paragraph (5), by inserting after ‘‘physi24 cian’’ the following: ‘‘(as defined in subsection 

25 (r)(1)) or a physician assistant, nurse practitioner, 

3 

•S 3481 IS

1 or clinical nurse specialist (as those terms are de2 fined in subsection (aa)(5))’’. 

3 (b) PULMONARY REHABILITATION PROGRAMS.—Sec4 tion 1861(fff) of the Social Security Act (42 U.S.C. 

5 1395x(fff)) is amended— 

6 (1) in paragraph (2)(A), by striking ‘‘physician7 prescribed exercise’’ and inserting ‘‘exercise pre8 scribed by a physician (as defined in subsection 

9 (r)(1)) or a physician assistant, nurse practitioner, 

10 or clinical nurse specialist (as those terms are de11 fined in subsection (aa)(5))’’; and 

12 (2) in paragraph (3), by inserting after ‘‘physi13 cian’’ the following: ‘‘(as defined in subsection 

14 (r)(1)) or a physician assistant, nurse practitioner, 

15 or clinical nurse specialist (as those terms are de16 fined in subsection (aa)(5))’’. 

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

18 this section shall apply with respect to items and services 

19 furnished on or after the date that is 6 months after the 

20 date of enactment of this Act. 

Æ
[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Notices]
[Page 51110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25829]


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

FEDERAL MARITIME COMMISSION


Ocean Freight Forwarder License Applicants; Correction

    In the Federal Register notice published July 14, 1997 (62 FR 
37585) the reference to ``RJB Import/Export Consultants Corp.'' is 
corrected to read:

``R.J.G. Import/Export Consultants Corp.''

    Dated: September 24, 1997.
Joseph C. Polking,
Secretary.
[FR Doc. 97-25829 Filed 9-29-97; 8:45 am]
BILLING CODE 6730-01-M
<PAGE>   1
                                                                    EXHIBIT 23.2



                              ACCOUNTANTS' CONSENT


The Board of Directors
RFS, Inc.


We consent to incorporation by reference in the Registration Statement (No. 
333-03307) on Form S-3 and the Registration Statement (No. 333-19411) on Form 
S-8 of RFS Hotel Investors, Inc. of our report dated January 23, 1998, relating 
to the consolidated balance sheets of RFS, Inc. and subsidiary as of December 
31, 1997 and 1996, and the related consolidated statements of operations, 
stockholder's equity, and cash flows for the years then ended, which report is 
incorporated by reference in the 1998 annual report on Form 10-K of RFS Hotel 
Investors, Inc.



                                                            KPMG LLP




Memphis, Tennessee
March 22, 1999
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 13** 
**- 6528** 

JOHN CLYDE BRITT, JR. ,
Plaintiff

- Appellant ,

v.

MATTHEW A. RAYMES; JEREMY HUGHES; MARCUS ANDERSON; GREG MOORE; DAVID BORRESEN; BRIAN THOMPKINS; PAUL SPIEGLER ,
Defendants

– Appellees,

and

JOHN NEWLAND; CUMBERLAND COUNTY SHERIFF ’ S DEPARTMENT ,
Defendants.

Appeal from the United States District Court for the Eastern District of North Carolina , at Raleigh

. Terrence W. Boyle , District Judge. ( 5:07

- ct

- 03140

- BO )

Submitted : August 20, 2013 Decided: August 27, 2013

Before WILKINSON, AGEE , and FLOYD , Circuit Judges.

Affirmed by un published per curiam opinion

.

John Clyde Britt, Jr. , Appellant Pro Se. Ronnie Monroe Mitchell , THE MITCHELL LAW GROUP , Fayetteville, N orth Carolina, for Appellees.2 Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM:
John Clyde Britt, Jr. appeals the district court ’ s
order denying relief on his 42 U.S.C. § 1983 (200 6 ) complaint.

We h ave reviewed the record and find no reversible error.
Accordingly, we affirm for the reasons stated by the district

court. See Britt v. Raymes , No. 5:07

- ct

- 03140

- BO (E.D.N.C. Mar.

15, 2013). We dispense with oral argument because the facts and
legal con tentions are adequately presented in the materials

before th is court and argument would not aid the decisional

process.

AFFIRMED
#### Bernard HERSCH and Blondy Meridith, Appellants, v. Joe D. MATHENY, individually and as trustee, and Gretta Ann Matheny, his wife, George M. Barley, Jr., and Shirley K. Barley, his wife, and Ronald G. Moretto and Yvonne Moretto, his wife, as sellers, Appellees.

No. 69-85.

District Court of Appeal of Florida. Fourth District.

Nov. 12, 1969.

PER CURIAM.

Affirmed.
<PAGE>   1

                                                                    EXHIBIT 23.1


INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statements No.
333-21273 and No. 333-54392 on Form S-3 and in Registration Statements No.
333-03465 and No. 333-61611 on Form S-8 of Shurgard Storage Centers, Inc. of our
report dated February 23, 2001, appearing in the Annual Report on Form 10-K of
Shurgard Storage Centers, Inc. for the year ended December 31, 2000.




DELOITTE & TOUCHE LLP
Seattle, Washington
March 12, 2001
255 La. 1099

#### Evelyn FLORES wife of/and Leopold Flores v. John FATSIS and Indiana Lumbermen’s Mutual Insurance Company.

No. 50477.

Supreme Court of Louisiana.

May 4, 1970.

In re: Evelyn Flores applying for certi-orari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 231 So.2d 584.

Writ refused. On the facts found by the Court of Appeal, the result is correct.

BARHAM, J.,

concurs. R.S. 40:1580 Subsection B as amended by Acts of 1968 charge both the owner and *occupant*not to *use*premises without two means of ingress or egress.
#### Curtis Eugene CAMPBELL, Appellant, v. STATE of Florida, Appellee.

No. 44019.

Supreme Court of Florida.

March 7, 1974.

Appeal dismissed.

ADKINS, C. J., and ROBERTS, ERVIN, BOYD and McCAIN, JJ., concur.
#### James F. HONEYCUTT, Jr., Appellant, v. STATE of Florida, Appellee.

Nos. 78-69, 78-129 and 78-130.

District Court of Appeal of Florida, Second District.

May 17, 1978.

As Modified June 16, 1978.

Jack O. Johnson, Public Defender, Bar-tow, and Stephannie DaCosta, Asst. Public Defender, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

James F. Honeycutt, Jr., appeals judgments and sentences for armed robbery and two burglary charges. He pled guilty to these offenses pursuant to a plea bargain. He now contends that the trial court erred in accepting his pleas.

A defendant who pleads guilty has no right to a direct appeal, but must obtain review by means of collateral attack. Section 924.06(3), Florida Statutes (1977). See aiso Fla.R.App.P. 9.140(b).1 Accordingly, this appeal is dismissed.

HOBSON, Acting C. J., and SCHEB and DANAHY, JJ., concur.

1

. Fla.R.App.P. 9.140(b) provides in pertinent part as follows:

> A defendant may not appeal from a judgment entered upon a plea of guilty; nor may a defendant appeal from a judgment entered upon a plea of nolo contendere without an express reservation of the right of appeal from a prior order of the lower tribunal, identifying with particularity the point of law being reserved.

Although this rule is not applicable to this case because the appeal was perfected prior to its effective date, it indicates the interpretation to be placed upon § 924.06(3), Fla.Stat. (1977).
EASTERN FEDERAL LANDS ACCESS PROGRAM

Application 

No. Project/Facility Name Project Type Federal Land Accessed Applicant County

TN-01 Land Between the Lakes Road 

Program

Resurfacing and 

Maintenance 

Repairs

U.S. Forest Service - Land 

Between the Lakes 

National Recreation Area

Tennessee 

Department of 

Transportation

Stewart

TN-02 Lafayette Road Widening Reconstruction Department of Defense - 

Fort Campbell City of Clarksville Montgomery

TN-03 Veterans Affairs (VA) Hospital 

Connector

Roadway and 

Sidewalk 

Construction

Department of Veterans 

Affairs - Mountain Home 

Campus/James H. Quillen 

VA Medical Center 

Johnson City MPO Washington

TN-04 State Route 40 Safety 

Improvements

Resurfacing and 

Safety 

Improvements

U.S. Forest Service - 

Cherokee National Forest

Tennessee 

Department of 

Transportation

Polk

TN-06 UTSI Road Resurfacing Project

Resurfacing and 

Safety 

Improvements

Department of Defense - 

Arnold Engineering 

Development Complex

Franklin County 

Highway 

Department

Franklin

TN-07

State Route 40 Rockslide 

Safety Improvements

Safety 

Improvements

U.S. Forest Service - 

Cherokee National Forest

Tennessee 

Department of 

Transportation

Polk

The Programming Decisions Committee (PDC) responsible for the Tennessee Federal Lands Access Program (FLAP) has selected its initial, 

multiyear Program of Projects. The projects identified for programming for the Tennessee FLAP are listed below in no particular order and 

Tennessee Program of Projects for Fiscal Years 2013-2014
EASTERN FEDERAL LANDS ACCESS PROGRAM

The next step in the process will be to develop project agreements between Eastern Federal Lands Highway Division and the State/Local Agency 

partners. The amount of funds allocated will depend on finalizing these project agreements. Funding for these projects is not guaranteed. Funding 

beyond 2014 is dependent on reauthorization of the Access Program by Congress. The Tennessee PDC does not have a firm date for the next call 

for projects under the Access Program, but another call is anticipated within the next year. If you have any questions please contact David Payne, 

Access Program Manager, at 571-434-1543 or email at David.Payne@dot.gov.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

RAFAEL ALBERTO LLOVERA

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 18

- 826

[ February 7, 2019 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm

Beach County ; Barry Cohen , Judge; L.T. Case No. 17CF010042AMB

.

Carey Haughwout, Public Defender, and Nancy Jack and Zaheeda

Mohammed, Assistant Public Defenders, West Palm Beach, for appellant.

Ashley B. Moody , Attorney General, Tallahassee, and Luke R.

Napodano, Assi stant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed.

G ERBER

, C.J., C IKLIN and K UNTZ

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
No. 9941.

#### Leman, Receiver, *v.*Maclennan.

(Decided February 5, 1907.)

Error to Circuit Court of Cuyahoga County.

*Messrs. Smith, Beardsely & Morgan,*for plaintiff in error.

*Messrs. Hoyt, Dustin & Kelley,*for defendant in error.

Judgment affirmed.

Shauck, C J., Crew and Spear, JJ., concur.
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