alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jon McMINIS and Larry McMinis, d/b/a Panama Aviation, Appellants, v. Earle L. PHILLIPS, Appellee.

No. EE-283.

District Court of Appeal of Florida, First District.

Nov. 21, 1977.

John F. Daniel of Sale, Bryant, Daniel & Thompson, Panama City, for appellants.

Scott R. Nabors, Panama City, for appel-lee.

ERVIN, Judge.

Panama Aviation appeals a judgment entered following a jury verdict awarding Phillips damages for unworkmanlike and negligent repair done to his airplane by Panama. At trial, Phillips elected to use, as a measure of his damages, the cost of repair necessary to correct Panama’s negligent repairs, consisting of stripping, sanding and repainting the airplane.

The sole point on appeal concerns the failure of Phillips to submit proof of his airplane’s value immediately before and after the alleged damages. Panama contends *Airtech Services, Inc. v. McDonald Construction Company,*150 So.2d 465 (Fla. 3rd DCA 1963) is controlling as to the point involved. That opinion relies on the RESTATEMENT OF TORTS, § 928 (1939), which states:

> “Where a person is entitled to a judgment for harm to chattels not amounting to a total destruction in value, the damages include compensation for

> (a) the difference between the value of the chattel before the harm and the value of the harm or, *at the plaintiff’s election,*the reasonable cost of repair or restoration where feasible, with due allowance for any difference between the original value and the value after repairs and

> (b) the loss of use.” (Emphasis added.)

Phillips elected to recover the reasonable cost of repairs to his airplane. True, he failed to present proof of the difference between the original value and the value after repairs. Nevertheless the submission of such evidence was not the only avenue available to him necessary to the recovery of damages. The reasoning supporting the RESTATEMENT’s rule is clear. A plain*1142tiff whose chattel has been damaged should not be unjustly enriched by the repairs necessitated by a tortfeasor. For example, following an automobile accident, a plaintiff should not have his car repaired so that it is in better condition than before the accident and then seek to hold a defendant liable for the entire cost of that repair.

Phillips took his airplane to Panama with the idea that its value would be increased by the repainting. The increase in value was contemplated by the parties in entering into their agreement. A mechanical application of the RESTATEMENT rule would preclude Phillips from any recovery, since it is unrefuted the value of his airplane had appreciated following the repair work.

Moreover Phillips sued in two counts, one in contract for breach of the contract between the parties, and the second in tort for negligence. Panama has not argued the cost of the second repair job is an inadequate measure of damages arising from the breach. This being so, we need not decide whether Phillips properly established damages under his negligence theory. The final judgment is

AFFIRMED.

BOYER, Acting C. J., and MILLS, J., concur.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This  schedule  contains  summary  financial   information  extracted  from
financial  statements for the three month period ended August 31, 1994 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK>                         0000027850
<NAME>                        MARITIME TRANSPORT & TECHNOLOGY, INC.
<MULTIPLIER>                                   1
<CURRENCY>                                     $
       
<S>                                            <C>
<PERIOD-TYPE>                                  3-MOS
<FISCAL-YEAR-END>                              May-31-1995
<PERIOD-START>                                 Jun-01-1994
<PERIOD-END>                                   Aug-31-1994
<EXCHANGE-RATE>                                1
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 0
<CURRENT-LIABILITIES>                          0
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   0
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                0
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   0
<EPS-PRIMARY>                                  .00
<EPS-DILUTED>                                  .00
        



</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q,
MAY 3, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   9-MOS
<FISCAL-YEAR-END>                          AUG-02-1997             AUG-02-1997
<PERIOD-START>                             FEB-02-1997             AUG-04-1996
<PERIOD-END>                               MAY-03-1997             MAY-03-1997
<CASH>                                          92,996                  92,996
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  354,008                 354,008
<ALLOWANCES>                                         0                       0
<INVENTORY>                                 16,606,820              16,606,820
<CURRENT-ASSETS>                            17,756,610              17,756,610
<PP&E>                                      13,321,268              13,321,268
<DEPRECIATION>                               7,313,749               7,313,749
<TOTAL-ASSETS>                              26,611,003              26,611,003
<CURRENT-LIABILITIES>                        7,331,174               7,331,174
<BONDS>                                      8,386,795               8,386,795
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                       810,208                 810,208
<OTHER-SE>                                           0                       0
<TOTAL-LIABILITY-AND-EQUITY>                26,611,003              26,611,003
<SALES>                                      9,807,148              34,007,680
<TOTAL-REVENUES>                             9,807,148              34,007,680
<CGS>                                        5,325,182              19,138,212
<TOTAL-COSTS>                                4,760,924              14,800,619
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                             302,677                 943,265
<INCOME-PRETAX>                              (581,635)               (874,416)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                          (581,635)               (874,416)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                 (581,635)               (874,416)
<EPS-PRIMARY>                                   (0.24)                  (0.36)
<EPS-DILUTED>                                   (0.24)                  (0.36)
        

</TABLE>
Filed 2/21/14 P. v. Lott CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent,

v.

JONATHAN BO OKER LOTT,

Defendant and Appellant. B251407

(Los Angeles County

Super. Ct. No. VA058860)

APPEAL from a judgment of the Superior Court of Los Angeles County, Roger

Ito, Judge. Dismissed.

Jill Ishida, under appointment by the Cour t of Appeal, for Defendant and

Appellant.

No appearance on behalf of Plaintiff and Respondent.2

Defendant, Jonathan Booker Lott, purports to appeal from a July 30, 2013 post

judgment order denying his motion to correct his sentence. The post

- judgme nt motion

argued that defendant had not been convicted of five felonies and there was an error in

connection with an alleged mitigating factor. We noted the post

- judgment order may not

be appealable. ( People v. Cantrell (1961) 197 Cal.App.2d 40, 43; Peop le v. Bowles

(1933) 135 Cal.App. 514, 516; see People v. Thomas (1959) 52 Cal.2d 521, 527; see 6

Witkin & Epstein, Cal. Criminal Law (4th ed. 2012) “Criminal Appeals,” § 65 pp. 341

-

342.) We thus issued an order to show cause concerning possible dismissal and placed

the matter on calendar. We have a duty to raise issues concerning our jurisdiction on our

own motion. ( Jennings v. Marralle (1994) 8 Cal.4th 121, 126; Olson v. Cory (1983) 35

Cal.3d 390, 398.)

Defendant argues he is raising an issue of a le gally unauthorized sentence which

may be raised at anytime. ( People v. Scott (1994) 9 Cal.4th 331, 354; People v

. Price

(2004) 120 Cal.App.4th 224, 241.) However, the gravamen of his post

- judgment motion

relates to non

-

jurisdictional constitutional matte rs involving United States v. Booker

(200 5 ) 543 U.S. 2 2 0, 230

- 237 and similar decisions. These issues are not of the character

involving legally unauthorized sentences. (See People v. Gonzalez (2003) 31 Cal.4th

745, 751; People v. Bon n etta (2009) 46 Cal. 4th 143, 152; People v. Davis (1981) 29

Cal.3d 814, 827, fn. 5.) Hence, his appeal must be dismissed. Of course, if there is an

issue of legally unauthorized sentence or a non

- jurisdictional error, defendant, who is

represented by counsel, may file a hab eas corpus petition. We will promptly consider

any such petition.3 DISPOSITION

The appeal is dismissed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

TURNER, P. J.

We concur:

KRIEGLER, J.

MINK, J. 

 Retired Judge of the Los An geles Superior Court, assigned by the Chief Justice

pursuant to article VI, section 6 of the California Constitution.
**EXHIBIT 99-1**

**CERTIFICATION OF WILLIAM BELZBERG, CHIEF EXECUTIVE OFFICER OF WESTMINSTER CAPITAL,INC.**

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1350, and accompanies the quarterly report on Form 10-Q (the “Form 10-Q”) forthe quarter ended March 31, 2003 of Westminster Capital, Inc. (the “Issuer”). 

I, William Belzberg, the Chief Executive Officer of Issuer, certify that to the best of my knowledge:

the Form 10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and the informationcontained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Issuer.

|                      |        |                                                                  |
|----------------------|--------|------------------------------------------------------------------|
| Dated: May 20, 2003, |   |                                                             |
|                 | By     | /s/ WILLIAM BELZBERG                                             |
|                 |   |                                                                  |
|                 |   | **William Belzberg,**                                            |
|                 |   | **Chairman of the Board ofDirectors and ChiefExecutive Officer** |
#### Jessie James THOMAS v. STATE of Mississippi.

No. 47777.

Supreme Court of Mississippi.

March 18, 1974.

Rehearing Denied April 15, 1974.

Fielding L. Wright, Jr., George S. Shad-dock, Pascagoula, for appellant.

A. F. Summer, Atty. Gen., by Billy L. Gore, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before RODGERS, P. J., and PATTERSON, INZER, SMITH and BROOM, JJ-

Appeal from Circuit Court, Jackson County; Darwin M. Maples, Judge.

Affirmed.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED CONDENSED FINANCIAL STATEMENTS OF FAMILY DOLLAR STORES, INC.
AND SUBSIDIARIES FOR THE PERIOD ENDED FEBRUARY 27, 1999, AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000034408
<NAME> FAMILY DOLLAR STORES, INC.
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          AUG-28-1999
<PERIOD-START>                             AUG-30-1998
<PERIOD-END>                               FEB-27-1999
<EXCHANGE-RATE>                                      1
<CASH>                                     101,905,647
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                532,175,321
<CURRENT-ASSETS>                           682,569,264
<PP&E>                                     498,126,876
<DEPRECIATION>                             171,198,258
<TOTAL-ASSETS>                           1,011,743,812
<CURRENT-LIABILITIES>                      352,146,917
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    18,290,308
<OTHER-SE>                                 618,602,471
<TOTAL-LIABILITY-AND-EQUITY>             1,011,743,812
<SALES>                                  1,380,232,694
<TOTAL-REVENUES>                         1,380,232,694
<CGS>                                      922,020,502
<TOTAL-COSTS>                            1,265,891,208
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            114,341,486
<INCOME-TAX>                                43,060,000
<INCOME-CONTINUING>                         71,281,486
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                71,281,486
<EPS-PRIMARY>                                      .41
<EPS-DILUTED>                                      .41
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               SEP-30-1997
<CASH>                                           3,900
<SECURITIES>                                         0
<RECEIVABLES>                                  332,851
<ALLOWANCES>                                     6,194
<INVENTORY>                                    104,234
<CURRENT-ASSETS>                               474,744
<PP&E>                                         932,581
<DEPRECIATION>                                 392,225
<TOTAL-ASSETS>                               1,726,768
<CURRENT-LIABILITIES>                          385,344
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         3,853
<OTHER-SE>                                     956,374
<TOTAL-LIABILITY-AND-EQUITY>                 1,726,768
<SALES>                                      1,466,573
<TOTAL-REVENUES>                             1,466,573
<CGS>                                        1,141,570
<TOTAL-COSTS>                                1,141,570
<OTHER-EXPENSES>                               142,596
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              30,715
<INCOME-PRETAX>                                154,368
<INCOME-TAX>                                    46,462
<INCOME-CONTINUING>                            107,906
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   107,906
<EPS-PRIMARY>                                     2.62
<EPS-DILUTED>                                     2.56
        

</TABLE>
Exhibit
10.35  VIA EMAIL  February 25,
2009  THQ, INC. 29903 Agoura Road Agoura Hills, CA 91301 Attn:  Mr. Jim Kennedy  Re:    Game Publishing for Nintendo DSi  Dear Nintendo DS Publisher:  As you know, your company
(the company to whom this letter is addressed, hereafter referred to as Publisher)
is party to that certain Confidential License Agreement for Nintendo DS
(Western Hemisphere) with Nintendo of America Inc. (the License Agreement).  In 2009, Nintendo of America Inc. (Nintendo)
will launch the Nintendo DSi handheld video game system (Nintendo DSi) in the
Western Hemisphere.  Nintendo will not be issuing
a new Publishing License Agreement for Nintendo DSi.  Instead, we hereby confirm, and ask that your
company acknowledge that, for purposes of the License Agreement, the term Nintendo
DS shall be deemed to include Nintendo DSi, and the License Agreement shall
fully apply to the Nintendo DSi.  Publisher agrees that (in
addition to the restrictions and prohibitions on Publisher set forth in Section 3
of the License Agreement) it shall not offer any Game, or other content
(including Nintendo DSiWare) for Nintendo DSi via download or other electronic
means without Nintendos prior written consent, which consent Nintendo may
withhold in its sole discretion.  The
parties shall enter into a separate agreement or addendum to the License
Agreement memorializing any agreement pertaining to any such content.  Upon our receipt of a copy
of this letter, counter-signed by an employee with authority to bind Publisher,
we will be pleased to welcome you as an approved Publisher for Nintendo DSi.


February 25, 2009  Information on order
processing, pricing and manufacturing will be available through the Licensing
Department once you have become an approved Publisher for Nintendo DSi.  Sincerely,  NINTENDO OF AMERICA INC.      Steve Singer  Vice President, Licensing  ACKNOWLEDGED &
AGREED:    PUBLISHER (as defined above)  ByNameTitleDate
    cc:           David Peterson
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          NOV-30-2000
<PERIOD-START>                             DEC-01-1999
<PERIOD-END>                               NOV-30-2000
<CASH>                                       2,695,794
<SECURITIES>                                   429,428
<RECEIVABLES>                                  580,751
<ALLOWANCES>                                    29,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                             3,880,790
<PP&E>                                       3,612,272
<DEPRECIATION>                                 593,563
<TOTAL-ASSETS>                               8,237,368
<CURRENT-LIABILITIES>                          278,815
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       101,327
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 8,237,368
<SALES>                                      2,109,342
<TOTAL-REVENUES>                             2,019,342
<CGS>                                          859,357
<TOTAL-COSTS>                                4,270,393
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,212
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,392,540)
<EPS-BASIC>                                      (.14)
<EPS-DILUTED>                                        0


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<EXCHANGE-RATE>                                      1
<CASH>                                          75,819
<SECURITIES>                                     2,944
<RECEIVABLES>                                   90,054
<ALLOWANCES>                                     2,682
<INVENTORY>                                     51,250
<CURRENT-ASSETS>                               234,629
<PP&E>                                          34,323
<DEPRECIATION>                                  21,038
<TOTAL-ASSETS>                                 337,341
<CURRENT-LIABILITIES>                          147,112
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           155
<OTHER-SE>                                     177,500
<TOTAL-LIABILITY-AND-EQUITY>                   337,341
<SALES>                                        757,853
<TOTAL-REVENUES>                               757,853
<CGS>                                          619,969
<TOTAL-COSTS>                                  619,969
<OTHER-EXPENSES>                                   418
<LOSS-PROVISION>                                 1,485
<INTEREST-EXPENSE>                               2,579
<INCOME-PRETAX>                                (5,183)
<INCOME-TAX>                                   (2,167)
<INCOME-CONTINUING>                            (3,016)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,016)
<EPS-PRIMARY>                                   (0.20)
<EPS-DILUTED>                                   (0.20)
        

</TABLE>