alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Appeal D ismissed and Memorandum Opinion filed January 24 , 202 3

.

In The 

## Fourteenth Court of Appeals

NO. 14

- 2 2

- 00 91 7

- CR

HECTOR GIAGNOCOVO , Appellant

V.
THE STATE OF TEXAS , Appellee

On Appeal from the 338 th District Court

Harris County, Texas Trial Court Cause No . 1599067

M E M O R A N D U M O P I N I O N This is an appeal from a judgment of conviction signed May 10 , 2022

. No timely motion for new trial was filed. Therefore, appellant’s notice of appeal was due by June 9 , 2022

. See Tex. R. App. P. 26.2(a)(1).
A court of appeals may grant an extension of time if, within 15 days after the deadline for filing the notice of appe al, the party files (a) the notice of appeal in the trial court, and (b) a motion for extension of time in the court of appeals. See Tex. R. App. P. 26.3; see also Tex. R. App. P. 10.5(b)(2) (governing motion for extension2

of time to file notice of appeal) . The fifteenth day after June 9 , 2022 , was June 24
, 2022

. Appellant filed his notice of appeal on December 9, 2022 , a date that is not within 15 days of the due date.
A notice of appeal that complies with the requirements of Texas Rule of Appellate Proce dure 26 is essential to vest the court of appeals with jurisdiction.
Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). When a notice of appeal is not filed within the 15

- day period, the court of appeals can take no action
other than to dismiss th e appeal for lack of jurisdiction. See id.

On December 20 , 2022
, the parties were notified that the court may dismiss the appeal for want of jurisdiction unless a ppellant demonstrated that the court has jurisdiction. Appellant ’s response does not demonstrate this court has jurisdiction.
Accordingly, th is appeal is dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Wise, Jewell, and Poissant.

Do Not Publish

— Tex. R. App. P. 47.2(b).
SPECIAL POWER OF ATTORNEY


         KNOW ALL MEN BY THESE PRESENTS,  that the  undersigned  constitutes and
appoints  Jerry C. Moyes and William F. Riley,  III, and each of them,  his true
and  lawful  attorney-in-fact  and agent  with full  power of  substitution  and
resubstitution,  for  him  and in his  name,  place  and  stead,  in any and all
capacities,  to sign the Annual  Report on Form 10-K for the  fiscal  year ended
December 31, 1996,  for filing with the  Securities  and Exchange  Commission by
Swift Transportation Co., Inc., a Nevada corporation,  together with any and all
amendments  to such Form 10-K,  and to file the same with all exhibits  thereto,
and all  documents in connection  therewith,  with the  Securities  and Exchange
Commission,  granting to such  attorneys-in-fact  and agents,  and each of them,
full  power  and  authority  to do and  perform  each and  every  act and  thing
requisite and  necessary to be done in and about the  premises,  as fully and to
all intents and purposes as he might or could do in person, hereby ratifying and
confirming  all that such  attorneys-in-fact  and agents,  or each of them,  may
lawfully do or cause to be done by virtue hereof.

         DATED: March 21, 1997

                                        /s/ Robert W. Cunningham
                                        ----------------------------------------
                                        Robert W. Cunningham

STATE OF ARIZONA                    )
                                    ) ss.
County of Maricopa                  )


         On this 21st day of March,  1997,  before  me, the  undersigned  Notary
Public,  personally appeared Robert W. Cunningham,  known to me to be the person
whose name is  subscribed  to the within  instrument  and  acknowledged  that he
executed the same for the purposes therein contained.

         IN WITNESS WHEREOF, I hereunto set my hand and official seal.



                                       /s/ Anne Tanner
                                       -----------------------------------------
                                       Notary Public


My commission expires:
April 30, 1999
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-1704

JAMES E. OSBORNE,

Petitioner,

versus

ISLAND CREEK COAL COMPANY; DIRECTOR, OFFICE OF

WORKERS' COMPENSATION PROGRAMS, UNITED STATES

DEPARTMENT OF LABOR,

Respondents.

On Petition for Review of an Order for the Benefits Review Board.

(96-1656-BLA)

Submitted: November 6, 1997 Decided: November 19, 1997

Before WIDENER and LUTTIG, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

James E. Osborne, Petitioner Pro Se. Douglas Allan Smoot, JACKSON

& KELLY, Charleston, West Virginia; Patricia May Nece, Edward

Waldman, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for

Respondents.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks review of the Benefits Review Board's decision

and order affirming the administrative law judge's denial of black

lung benefits pursuant to 30 U.S.C.A. §§ 901-945 (West 1986 & Supp.

1996). Our review of the record discloses that the Board's decision

is based upon substantial evidence and is without reversible error.

Accordingly, we affirm on the reasoning of the Board. Osborne v.

Island Creek Coal Co., No. 96-1656-BLA (B.R.B. Mar.27, 1997). We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 18-50612

Summary Calendar

MICHAEL KLEINMAN, 

 Plaintiff - Appellant

v.

CITY OF AUSTIN, 

 Defendant - Appellee

Appeal from the United States District Court

for the Western District of Texas

USDC No. 1:15-CV-497

Before JOLLY, COSTA, and HO, Circuit Judges.

PER CURIAM:*

Michael Kleinman successfully sued the City of Austin for violations of 

the Clean Water Act (“CWA”). After a bench trial, the district court found that 

Austin violated the CWA, issued a civil penalty against the City, and awarded 

Kleinman attorney’s fees and costs. Kleinman appealed, contending that the 

district court made “erroneous” findings of fact and conclusions of law. As a 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

January 25, 2019

Lyle W. Cayce

Clerk

 Case: 18-50612 Document: 00514809523 Page: 1 Date Filed: 01/25/2019
No. 18-50612

2

result, Kleinman asserts the district court awarded the wrong relief and too 

little in attorney’s fees. Because Kleinman did not timely appeal the district 

court’s judgment, we DISMISS his appeal of the judgment and AFFIRM the 

district court’s attorney’s-fees award. 

First, Kleinman did not timely appeal the judgment on the merits and 

thus cannot contest the relief the district court granted in its final judgment. 

FRAP 4(a)(1)(1)(A) requires litigants to file a notice of appeal “within 30 days 

after entry of the judgment or order appealed from.” The district court entered 

judgment on March 6, 2018. Kleinman moved for attorney’s fees on March 20, 

which the court awarded on June 26. Kleinman appealed both the judgment 

and the fees award on July 23—over four months late for the judgment on the 

merits. And contrary to Kleinman’s arguments, “[m]otions addressing costs 

and attorney’s fees . . . are considered collateral to the judgment, and do not 

toll the time period for filing an appeal.” Moody Nat’l Bank of Galveston v. GE 

Life & Annuity Assur. Co., 383 F.3d 249, 250 (5th Cir. 2004) (emphasis added) 

(citing FED. R. CIV. P 54(d)). See also Budinich v. Becton Dickinson & Co., 486 

U.S. 196, 200 (1988). 

Second, Kleinman cannot demonstrate that the trial court abused its 

discretion when it awarded attorney’s fees. He argues that the district court 

erred by basing its award on “erroneous” factual findings and conclusions of 

law. At bottom, his attorney’s-fees argument rises and falls with his merits 

argument. And because Kleinman has failed to present the merits to this 

court, he has also failed to present a meritorious argument that the district 

court abused its discretion. 

We DISMISS his appeal of the judgment and AFFIRM the attorney’sfees award. 

 Case: 18-50612 Document: 00514809523 Page: 2 Date Filed: 01/25/2019
#### Mary ABNAR, Appellant, v. Willie David ABNAR, Appellee.

No. 72-262.

District Court of Appeal of Florida, Second District.

Oct. 6, 1972.

*115R. Lawrence DeFrances, Sarasota, for appellant.

Jack Wm. Windt, Sarasota, for appellee.

PER CURIAM.

This is an interlocutory appeal from the trial judge’s order granting custody of the children of the parties to the appellee’s mother.

There is no record of what the judge based his decision upon except a copy of the investigation made by the Sarasota Juvenile Counselor. We cannot determine from the record whether a hearing was held or what transpired. We have no record to review.

We, therefore, affirm the trial judge’s order since it comes to us with a presumption of correctness.

LILES, A. C. J., and MANN and Mc-NULTY, JJ., concur.
#### Jimmy C. NOWELL v. STATE of Mississippi.

No. 50775.

Supreme Court of Mississippi.

Aug. 30, 1978.

Lamar A. Conerly, Jr., Hazlehurst, for appellant.

A. F. Summer, Atty. Gen., by Calvin Coolidge Williams, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

Before SMITH, P. J., and WALKER and BOWLING, JJ.

Appeal from Circuit Court, Copiah County; Joe N. Pigott, Judge.

AFFIRMED.
**Exhibit 32.2** **SECTION 1350    CERTIFICATION**     I, Amy Vidrine Samson, Chief Financial Officer of Crown Crafts,    Inc. (the “Company”), do hereby certify, in accordance    with 18 U.S.C. § 1350, as adopted pursuant to    Section 906 of the Sarbanes-Oxley Act of 2002, that, to my    knowledge:     1. The Quarterly Report on    Form 10-Q    of the Company for the period ending December 30, 2007 (the    “Periodic Report”) 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 the Periodic Report fairly    presents, in all material respects, the financial condition and    results of operations of the Company. /s/  Amy    Vidrine Samson
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 Daxor Corporation (the Company) on Form 10-Q for the period ending September
30, 2004 as filed with the Securities and Exchange Commission on the date thereof (the
Report), I, Stephen Feldschuh, Vice President of Operations and Chief Financial 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 represents, in all              material
respects, the financial condition and results of                             operations
of the Company.  Date: November 9, 2004
        /s/ Stephen Feldschuh

Stephen Feldschuh
Vice President of Operations and Chief
Financial Officer  9
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 Daxor Corporation (the "Company") on
Form 10-Q for the period ending March 31, 2005 as filed with the Securities and
Exchange Commission on the date thereof (the "Report"), I, Joseph Feldschuh,
M.D., President and 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 represents, in all
            material respects, the financial condition and results of operations
            of the Company as of and for the period covered by the Report.


                                        /s/ Joseph Feldschuh, M.D.
                                        --------------------------
                                        Joseph Feldschuh, M.D.
                                        President and Chief Executive Officer
                                        May 16, 2005
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-START>                                 JAN-01-1996
<PERIOD-END>                                   DEC-31-1996
<CASH>                                         440,328
<SECURITIES>                                   0
<RECEIVABLES>                                  2,611,395
<ALLOWANCES>                                   (431,646)
<INVENTORY>                                    1,091,264
<CURRENT-ASSETS>                               5,427,317
<PP&E>                                         2,338,503
<DEPRECIATION>                                 (900,134)
<TOTAL-ASSETS>                                 7,611,839
<CURRENT-LIABILITIES>                          3,199,860
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       1,091
<OTHER-SE>                                     4,155,679
<TOTAL-LIABILITY-AND-EQUITY>                   7,611,839
<SALES>                                        20,049,771
<TOTAL-REVENUES>                               20,049,771
<CGS>                                          12,846,113
<TOTAL-COSTS>                                  12,846,113
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               657,656
<INTEREST-EXPENSE>                             113,759
<INCOME-PRETAX>                                (2,398,342)
<INCOME-TAX>                                   (400,000)
<INCOME-CONTINUING>                            (1,998,342)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (1,998,342)
<EPS-PRIMARY>                                  (0.20)
<EPS-DILUTED>                                  (0.20)
        

</TABLE>
EXHIBIT 32.1

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

In connection with the Annual Report on Form 10-K for the year ended December 31, 2006 of Transatlantic Holdings, Inc. (the “Company”), as filed with the Securities and Exchange Commission on
  the date hereof (the “Report”), I, Robert F. Orlich, President and 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 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, as amended; 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/ ROBERTF. ORLICH                  
| |  |                                      
| |  | Robert F. Orlich                     
| |  | President and Chief Executive Officer

Date: February 26, 2007

The foregoing is being furnished solely pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and is not being filed as part of this Annual Report on
  Form 10-K or as a separate disclosure document.



---
#### Robert THOMASSON, Petitioner, v. STATE of Florida, Respondent.

No. 43917.

Supreme Court of Florida.

Oct. 11, 1973.

Certiorari denied. 277 So.2d 299.

CARLTON, C. J., and ROBERTS, ADKINS and DEKLE, JJ., concur.

ERVIN and BOYD, JJ., dissent.
#### UNITED STATES of America, Plaintiff—Appellee, v. Siobhan Teresa MCKEVITT, Defendant—Appellant.

No. 00-50608.

D.C. No. CR-00-01570-W.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 12, 2002.*

Decided Aug. 19, 2002.

Before SCHROEDER, Chief Judge, TASHIMA and RAWLINSON, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Siobhan Teresa McKevitt appeals her 51-month sentence imposed following a guilty plea conviction for importation of approximately 2.45 kilograms of cocaine, in violation of 21 U.S.C. §§ 952 and 960.

McKevitt’s attorney has filed a brief pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and has moved to withdraw as counsel of record. McKevitt has not filed a pro se supplemental brief.

Because our independent review of the record pursuant to *Penson v. Ohio,*488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), indicates that the plea agreement, including the waiver of the right to appeal, was entered knowingly and voluntarily, *United States v. Aguilar-Muniz,*156 F.3d 974, 976 (9th Cir.1998) (waiver of right to appeal is valid if knowing and voluntary), we enforce the waiver,1 grant counsel’s *869motion to withdraw, and dismiss the appeal.

DISMISSED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

1

. Also, we would review any asserted Rule 11 deficiency for plain error, *see United States v. Ma,*290 F.3d 1002, 1005 (9th Cir.2002), and there was no plain error here. *Id.*
EXHIBIT 10.3.10



NINTH AMENDMENT TO

SERVICES AGREEMENT



THIS AMENDMENT (Amendment) is made and entered into this 4thday of April,
2002, by and between THE WET SEAL, INC., a Delaware corporation (The Company), and KATHY BRONSTEIN (the Bronstein).



WITNESSETH:



WHEREAS, the parties entered into a Services Agreement as of December 30, 1988, Amendments thereto dated June, 1990, March 23, 1992,
November 17, 1994, January 14, 1995, January 30, 1995, February 2, 1996, February 4, 2001 and the Supplemental Compensation Agreement dated April 1, 2001 and the Termination of Supplemental Compensation Agreement dated April 2, 2002 (all such
documents referred herein as the Services Agreement);



WHEREAS, the Board of Directors and Compensation Committee have approved the increase of Executives Basic Salary as set forth below; and



WHEREAS, the parties named above desire to supplement and amend certain terms of the Services Agreement.



NOW, THEREFORE, in consideration of the
foregoing premises and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:



1. Capitalized Terms. Except as otherwise provided herein, capitalized terms used but not defined herein shall have the same
meanings ascribed to them in the Services Agreement.



2. Amendments. The Services Agreement is hereby amended as follows:



| | (A) |  | From and after February 4, 2002, Bronsteins Basic Salary shall be Eight Hundred Thousand Dollars ($800,000) per annum, payable semimonthly.
| | --- |  | --------------------------------------------------------------------------------------------------------------------------------------------



| | (B) |  | There shall be no further increases of the Basic Salary, the Allowance percentage and the Profit Adjustment (each as amended) for a period of four years through
February 3, 2006, irrespective of the duration of Bronsteins employment.
| | --- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Except as amended here herein, the Services Agreement as amended is hereby confirmed and republished in full and acknowledged by the parties to be in full force and affect.



---



The parties
hereto have executed this Amendment as of the day and year first written above.



|THE WET SEAL, INC.
(Company) |  |  |  | Kathy Bronstein (Bronstein)
|------------------------------ |  |  |  | -----------------------------



|                                                  
|--------------------------------------------------
|/s/    WALTER
LOEB                                
|Walter Loeb Chairman of the Compensation Committee
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2630 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 2630

   To amend the Temporary Reauthorization and Study of the Emergency 
Scheduling of Fentanyl Analogues Act to extend until September 2021, a 
            temporary order for fentanyl-related substances.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 16, 2021

Mr. Pappas (for himself and Mr. Pallone) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
    addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL

 
   To amend the Temporary Reauthorization and Study of the Emergency 
Scheduling of Fentanyl Analogues Act to extend until September 2021, a 
            temporary order for fentanyl-related substances.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Extending Temporary Emergency 
Scheduling of Fentanyl Analogues Act''.

SEC. 2. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES.

    Effective as if included in the enactment of the Temporary 
Reauthorization and Study of the Emergency Scheduling of Fentanyl 
Analogues Act (Public Law 116-114), section 2 of such Act (Public Law 
116-114) is amended by striking ``May 6, 2021'' and inserting 
``September 30, 2021''.
                                 <all>
```