alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Sam FURNARI, Appellant, v. Harvey E. GOODMAN, Appellee.

No. 70-293.

District Court of Appeal of Florida, Third District.

Dec. 29, 1970.

*504Ralph & Boyd, Miami, for appellant.

A. M. Schwitalla, Miami, for appellee.

Before PEARSON, C. J., and HEN-DRY and SWANN, JJ.

PER CURIAM.

Defendant-appellant Furnari appeals a final judgment entered upon a jury verdict assessing $9,500.00 as damages in favor of plaintiff-appellee Goodman in his suit for breach of an oral contract whereby appel-lee, a mortgage broker, was employed to obtain approximately One Million Dollars construction financing for a proposed apartment house.

At issue here is the admissibility of certain evidence and denial of motions for directed verdict for the defendant. We reverse with directions.

Testimony was in conflict as to whether the appellant-defendant accepted the mortgage loan commitment from Church of Christ Manors, Inc. by its subsidiary, the Cultural, Education & Research Foundation, Inc. Testimony was also conflicting as to whether a commission would not be payable until the commitment was honored, and the money deposited, which admittedly would not occur for some time.

Appellant-defendant attempted to prove that the commitment was not and could not be honored through proffer of a duly authenticated copy of a final judgment of the United States District Court, Northern District of Illinois finding that the lender had made fraudulent misrepresentations of assets and enjoining such lending in interstate commerce.

First, the lower court erred in holding that the duly authenticated copy of the final judgment of the United States District Court was inadmissible to prove the existence and legal effect of the final judgment where such evidence was relevant to the issues in the case, particularly the financial ability of the lender. Perper v. Edell, 160 Fla. 477, 35 So.2d 387, 391.

Moreover, the court erred in denying the defendant’s motion for directed verdict where the plaintiff suing upon an oral brokerage commission, failed to produce evidence showing that the mortgage loan commitment was “bankable,” i.e., that banks would loan money on the basis of the commitment or that the lender was financially able to honor it. The general rule applied in real estate commissions is applicable here, that some proof is required to show that the purchaser, in this case the lender, is financially able to command the necessary money to close the deal on reasonable notice at the time stipulated. Perper v. Edell, 160 Fla. 477, 35 So.2d 387, *505391; see also: Cunningham v. Mitchell, 374, F.2d 356, 358-359 (5th Cir., 1967). The injunction, issued by the United States District Court, until it was dissolved or superseded, would obviously render the commitment totally unacceptable to any Florida bank or other banking institution asked to make a construction loan on the basis of such commitment; and by the express terms of the injunction would preclude the lender from acting in its own right.

Therefore, we reverse with directions to enter judgment for the defendant.

Reversed with directions.
Source Categories

Emissions 

(tons/yr) %

Cumulative 

%

Chemical Preparations 5.00E-03 0.00 0.00

Hydrochloric Acid Production 5.66E-04 0.00 0.00

Industrial Organic Chemical Manufacturing 3.50E-03 0.00 0.01

Municipal Landfills 1.62E+02 93.47 93.47

Miscellaneous Organic Chemical Manufacturing (MON) 4.38E-03 0.00 93.47

Plastics Materials and Resins Manufacturing 2.50E-01 0.14 93.62

Publicly Owned Treatment Works (POTW) 8.82E-02 0.05 93.67

Secondary Lead Smelting 3.18E-02 0.02 93.69

Sewage Sludge Incinerators 1.07E+01 6.14 99.83

Plastics Materials and Resins Manufacturing [1] 2.50E-01 0.14 99.97

Tire Manufacturing 4.65E-02 0.03 100.00

Total Emissions 1.74E+02 100.00

Foot Notes

[1] Plastics Materials and Resins Manufacturing (Nov. 2002 

Inventory) was titled Polymers and Resins (I,II,IV) in the May 

1999 Report

1,1,2,2-Tetrachloroethane
<TABLE> <S> <C>

<ARTICLE>           5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
THERMO ECOTEK CORPORATION'S
ANNUAL REPORT ON FORM 10-K FOR THE PERIOD ENDED OCTOBER 3, 1998
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>        1,000

<S>                              <C>
<PERIOD-TYPE>                                 YEAR
<FISCAL-YEAR-END>                             OCT-03-1998
<PERIOD-END>                                  OCT-03-1998
<CASH>                                                 40,569
<SECURITIES>                                                0
<RECEIVABLES>                                          35,636
<ALLOWANCES>                                                0
<INVENTORY>                                             9,743
<CURRENT-ASSETS>                                      158,634
<PP&E>                                                371,441
<DEPRECIATION>                                         85,459
<TOTAL-ASSETS>                                        488,077
<CURRENT-LIABILITIES>                                  60,652
<BONDS>                                                93,446
<PREFERRED-MANDATORY>                                       0
<PREFERRED>                                                 0
<COMMON>                                                3,782
<OTHER-SE>                                            245,780
<TOTAL-LIABILITY-AND-EQUITY>                          488,077
<SALES>                                               175,943
<TOTAL-REVENUES>                                      175,943
<CGS>                                                 116,275
<TOTAL-COSTS>                                         116,275
<OTHER-EXPENSES>                                            0
<LOSS-PROVISION>                                            0
<INTEREST-EXPENSE>                                     11,040
<INCOME-PRETAX>                                        39,413
<INCOME-TAX>                                           14,530
<INCOME-CONTINUING>                                    23,510
<DISCONTINUED>                                          7,699
<EXTRAORDINARY>                                             0
<CHANGES>                                                   0
<NET-INCOME>                                           31,209
<EPS-BASIC>                                            1.07
<EPS-DILUTED>                                            0.86


</TABLE>
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT MIGUEL D. MARTIN, ) ) Appellant, ) ) v. ) Case No. 2D18-2914 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed March 20, 2019. Appeal from the Circuit Court for Collier County; Frederick R. Hardt, Judge. Miguel D. Martin, pro se. Ashley Moody, Attorney General, Tallahassee, and Bilal Ahmed Faruqui, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed.
LaROSE, C.J., and MORRIS and LUCAS, JJ., Concur.
<PAGE>

                                                                      Exhibit 32

                            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 First Wilkow Venture (the "Company")
on Form 10-Q for the period ended March 31, 2006, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Marc R. Wilkow,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

     (1) The Report fully complies with the requirements of section 13 or 15(d)
of the Securities Exchange Act of 1934; and (2) The information contained in the
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.


Marc R. Wilkow
-------------------------------------
Marc R. Wilkow
General Partner
DATED: May 12, 2006

                            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 First Wilkow Venture (the "Company")
on Form 10-Q for the period ended March 31, 2006, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Peter Boelke,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

     (1) The Report fully complies with the requirements of section 13 or 15(d)
of the Securities Exchange Act of 1934; and (2) The information contained in the
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.


Peter Boelke
-------------------------------------
Peter Boelke
Chief Financial Officer,
M & J Wilkow, Ltd.
DATED: May 12, 2006
### IN THE UNI TED STAT ES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 11-40607 Conference Calendar
UNITED STATES OF AMERICA, Plaintiff-Appellee

v. RICHARD MISSLER, Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:10-CR-146-1
Before HIGGINBOTHAM, GARZA, and SOUTHWICK, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Richard Missler has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Missler has not filed a response. We have reviewed counsel’s brief and the relevan t p ortions of the record reflected therein. We concur with
c o u n s e l’ s a s s e s s m e nt that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D Februa ry 17 , 20 12 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR
. R. 47.5 , the cour t has d ete rm inedt hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t for th in 5 T H C IR
. R. 47.5 .4. Case: 11-40607 Document: 00511762085 Page: 1 Date Filed: 02/17/2012No. 11-40607

counsel is excused from further responsibilities he r e i n, and the APPEAL IS DISMISSED. See5 T H C I R
. R. 42.2.

2 Case: 11-40607 Document: 00511762085 Page: 2 Date Filed: 02/17/2012
[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Notices]
[Page 26416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12198]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG259


Marine Fisheries Advisory Committee; Charter Renewal

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of renewed charter.

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

SUMMARY: Notice is hereby given of the 2-year renewed charter for the 
Marine Fisheries Advisory Committee (MAFAC), signed on April 12, 2018.

FOR FURTHER INFORMATION CONTACT: Heidi Lovett, Assistant Federal 
Program Officer, MAFAC, 301-427-8034.

SUPPLEMENTARY INFORMATION: As required by section 10(a)(2) of the 
Federal Advisory Committee Act, 5 U.S.C. App. (1982), notice is hereby 
given of the renewed charter for MAFAC. MAFAC was established by the 
Secretary of Commerce (Secretary) on February 17, 1972, to advise the 
Secretary on all living marine resource matters that are the 
responsibility of the Department of Commerce. This Committee advises 
and reviews the adequacy of living marine resources policies and 
programs to meet the needs of commercial and recreational fisheries, 
aquaculture, and environmental, consumer, academic, tribal, 
governmental, and other national interests. The Committee's charter 
must be renewed every 2 years from the date of the last renewal. The 
charter can be accessed online at https://www.fisheries.noaa.gov/national/partners/marine-fisheries-advisory-committee-charter.

    Dated: June 1, 2018.
Jennifer L. Lukens,
Federal Program Officer, Marine Fisheries Advisory Committee, National 
Marine Fisheries Service.
[FR Doc. 2018-12198 Filed 6-6-18; 8:45 am]
BILLING CODE 3510-22-P
Dear Mr. Cottle :

This letter is to inform you that the following information is missing fro m your petition (Docket No. FAA−2015

− 3390 )

. This information is necessary for the Federal Aviation Administration (FAA) to process your petition.

 Describe the aircraft make s , model s , and type s (i.e.

, fixed

- wing, rotorcraft, lighter

- than

- air) for the proposed UAS operation. The description s should include the maximum weight ( including payload)

. This information can be located in the aircraft manual s

.

Please submit the additional information (non

- proprietary) to your docket at www.regulations.gov

. Once your information has been submitted, please also send a copy of the requested information (and any proprietary information ), as well as your comment tracking number from regulations.gov via e

- mail to 333exemptions@faa.gov

. If you want us to process your request any further, we must receive the information described above by 11/11/15 . I f we do not receive the information

, we will close the dock et without notifying you further.

If you have any questions, please feel free to contact me at (202) 267

- 4549

. Sincerely, /S/ Michael J. Cameron Program Analyst
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                        DEC-31-2000
<PERIOD-START>                           JAN-01-2000
<PERIOD-END>                             SEP-30-2000
<CASH>                                       105,280
<SECURITIES>                                       0
<RECEIVABLES>                                 51,107
<ALLOWANCES>                                       0
<INVENTORY>                                    7,179
<CURRENT-ASSETS>                             279,149
<PP&E>                                        62,231
<DEPRECIATION>                                41,706
<TOTAL-ASSETS>                               489,421
<CURRENT-LIABILITIES>                      3,862,134
<BONDS>                                            0
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                       49
<COMMON>                                      20,766
<OTHER-SE>                                 3,236,419
<TOTAL-LIABILITY-AND-EQUITY>                 484,421
<SALES>                                       16,044
<TOTAL-REVENUES>                              20,901
<CGS>                                          3,267
<TOTAL-COSTS>                                238,226
<OTHER-EXPENSES>                             806,003
<LOSS-PROVISION>                                   0
<INTEREST-EXPENSE>                           211,885
<INCOME-PRETAX>                           (1,235,214)
<INCOME-TAX>                                       0
<INCOME-CONTINUING>                       (1,235,214)
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                              (1,235,214)
<EPS-BASIC>                                    (.085)
<EPS-DILUTED>                                  (.085)


</TABLE>
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 annual report of Network CN Inc. (the “Company”) on Form
10-K for the year ended December 31, 2008, as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Daley Mok, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:





1.           
The Report fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934; and





2.           The
information contained in the Report fairly presents, in all material respects,
the financial condition and result of operations of the Company.






/s/ Daley
      MokDaley
      MokChief
      Financial OfficerMarch 27,
      2009
              
              (Principal
      Financial and Accounting Officer)




A signed
original of this written statement required by Section 906 has been provided to
Network CN Inc. and will be retained by Network CN Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.





The
forgoing certification is being furnished to the Securities and Exchange
Commission pursuant to § 18 U.S.C. Section 1350. It is not being filed for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and
is not to be incorporated by reference into any filing of the Company, whether
made before or after the date hereof, regardless of any general incorporation
language in such filing.
#### L & M BUILDER SUPPLIES, INC., Appellant, v. Cody L. BAILEY, Stephen A. Misik, Jr., and Richard G. Stebbins, doing business as Parkland Homes, Appellees.

No. 69-830.

District Court of Appeal of Florida. Fourth District.

Jan. 27, 1970.

Appeal from Circuit Court, Saint Lucie County; Wallace Sample, Judge.

Appeal dismissed.
<PAGE>   1
                                                                   Exhibit 10.36

                     HORIZON MENTAL HEALTH MANAGEMENT, INC.
                                   BONUS PLAN
                                  FISCAL 1997


<TABLE>
<S>                                        <C>
Ken Newman:                                $19,000 in cash bonus for each $.01
                                           of earnings per share in excess of
                                           $1.38 that Horizon reports during
                                           fiscal 1997.  The maximum bonus to be
                                           no more than 100% of his average base
                                           salary for fiscal 1997.


Jim McAtee:                                $10,000 in cash bonus for each $.01
                                           of earnings per share in excess of
                                           $1.38 that Horizon reports during
                                           fiscal 1997.  The maximum bonus to be
                                           no more than 60% of his average base
                                           salary for fiscal 1997.


Bob Lefton and Jack DeVaney:               $4,000 in cash bonus for each $.01 of
                                           earnings per share in excess of $1.38
                                           that Horizon reports during fiscal
                                           1997.  The maximum bonus to be no
                                           more than 30% of his average base
                                           salary for fiscal 1997.  An
                                           additional 30% of 1997's average base
                                           salary to begin to be earned pro rata
                                           upon reaching 80% of the budgeted
                                           operating cash flow in their
                                           individual area of responsibility
                                           with the maximum bonus being earned
                                           upon reaching 120% of the budgeted
                                           cash flow.



                                           All bonuses to be paid on the first
                                           regular payroll date following the
                                           receipt of Horizon audited financials
                                           for fiscal 1997.



Gary Kagan:                                $10,000 for each new mental health
                                           management contract signed during
                                           fiscal 1997 in excess of eighteen.
                                           Bonus to be paid upon the opening of
                                           the contract locations.
</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-START>                             OCT-01-1998
<PERIOD-END>                               MAR-31-1999
<CASH>                                       1,538,870
<SECURITIES>                                 2,244,814
<RECEIVABLES>                                  634,796
<ALLOWANCES>                                     5,000
<INVENTORY>                                    817,827
<CURRENT-ASSETS>                             5,397,303
<PP&E>                                         891,083
<DEPRECIATION>                                 867,704
<TOTAL-ASSETS>                               5,516,589
<CURRENT-LIABILITIES>                          284,775
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        16,360
<OTHER-SE>                                   4,838,798
<TOTAL-LIABILITY-AND-EQUITY>                 5,516,589
<SALES>                                      2,000,960
<TOTAL-REVENUES>                             2,003,422
<CGS>                                          968,409
<TOTAL-COSTS>                                1,525,727
<OTHER-EXPENSES>                              (76,234)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                553,929
<INCOME-TAX>                                   226,091
<INCOME-CONTINUING>                            327,838
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   327,838
<EPS-PRIMARY>                                      .20
<EPS-DILUTED>                                      .19
        

</TABLE>