alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order filed April 17, 2014

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 13

- 00176

- CV

____________ IN THE ESTATE OF BIL LIE LEE MARTIN, DECE ASED , Appellant

V.

KIM OPPENHEIN AND RA CHEL MARTIN , Appellee

On Appeal from the County Court at Law

Waller County, Texas Trial Court Cause No. P09

- 52



### ORDER

On January 7, 2014, this court issued the following order:

The supplemental clerk’s record was filed November 22 , 2013. Appellant filed a motion to correct and supplement the clerk ’ s record. The record does not cont ain: • James Raymond’s Notice of Appeal, filed August 3, 2012;

• 13 Applications to Pay Appointee Fees, filed on May 22, 2012;

• 13 Orders to Pay Appointees Fees, signed on September 25, 2012;• James Raymond’s Requ est for Preparation of the Clerk’s Record (in

connection with the December 21, 2012 Notice of Appeal)); and

• A complete copy of Court’s Docket Sheet.

The Waller County District Clerk is directed to file a supplemental clerk’s record on or before February 7, 201 4 , containing the above

listed items

. The Clerk is further directed to correct the Supplemental Clerk’s Record index, pagination, and electronic bookmarks to conform with 14th Court of Appeals Local Rule 2.2.b.

If the omitted item s are not part of t he case file, the district clerk is directed to file a supplemental clerk’s record containing a certified statement that the omitted item s are not a part of the case file.

As of today, this court has not received the supplemental clerk’s record.
Accordingl y, the Waller County District Clerk is directed to file the supplemental
clerk’s record on or before May 15, 2014.

PER CURIAM
<PAGE>

                                                                    EXHIBIT  4.1

             ------------------------------------------------------
               INCORPORATED UNDER THE LAWS OF THE STATE OF NEVADA
             ------------------------------------------------------

------                                                           --------------
  No.                                                                 Shares
------                                                           --------------

                               The State of Nevada

[LOGO]

                                   Tari, Inc.
         One Hundred Million Common Shares Authorized, $0.001 Par Value

This Certifies That SPECIMEN is the owner of ______________________ Common
Shares $0.001 par value each of the Capital Stock of

                              Tari, Inc.

transferable only on the books of the Corporation by the holder hereof in person
or by Attorney upon surrender of this Certificate properly endorsed.

In Witness Whereof, the said corporation has caused this Certificate to be
signed by its duly authorized officers, and to be sealed with the Seal of the
Corporation this ______ day of _____________ At

[SEAL]


-------------------------                               -----------------------
       President                                               Secretary

                               ------------------
                               SHARES $0.001 EACH
                               ------------------


                                   CERTIFICATE
                                       FOR

                                     SHARES

                               [SEAL APPEARS HERE]

                                     OF THE

                                  CAPITAL STOCK

                                       OF

                                   TARI, INC.

                                    ISSUED TO


                                      DATED



         For Value Received ______ hereby sell, assign and transfer unto ______
Shares of the Capital Stock represented by the written Certificate and do hereby
irrevocably constitute and appoint __________________________________________ to
transfer the said Stock on the books of the within named corporation with full
power of substitution in the premises.

Dated _________________________

In presence of _______________________

NOTICE. THE SIGNATURE OF THIS ASSIGNMENT MUST CORESPOND WITH THE NAME AS WRITTEN

ON THE FACE OF THE CERTIFICATE, IN EVERY PARTICULAR WITHOUT ALTERATION AND
ENLARGEMENTS OR ANY CHANGE WHATEVER
# CITY OF FLORENCE, ALABAMA

Mr. Dennis DeVany Chief, Essential Air Service Division Office of Aviation Analysis Department ofTransportation 1200 New Jersey Avenue, SE Washington, D.C. 20590 May4, 2012

RE: DOT-OST-2008-0209, 2001-10685, 2009-0305, 2000-7856 Greenville MS; Laurel/Hattiesburg, MS; Tupelo, MS; and Muscle Shoals, AL EAS Dear Mr. DeVany: 

## Office of

## the Mayor

.. ; ;**~** :.: ;

- ' 

### .---·

·'
- -
''·.../

The City of Florence, Alabama, supports the proposal of Silver Airways to provide essential air service at Muscle Shoals, Alabama, as the replacement for current Delta Air Lines service . Local air service that provides an effective connection to the national and international air transportation system is critical to the economic wellbeing of Florence and to all of Northwest Alabama. We rely on our local air service for both business and leisure travel. The Silver Airways proposals offer us a modern 34-seat turboprop aircraft and flights to Atlanta, which is not only the largest hub airport in the world, but also a popular business and leisure travel destination from Florence and the Shoals area in its own right. We believe the Silver air service proposals represent the best option for retaining our local air service long term and building up traffic so that government subsidies can eventually be reduced or eliminated. We urge the Department of Transportation to award Silver Airways the designation to provide Florence and the Northwest Alabama communities this essential air service. Sincerely,

# ~E./~ - Bobby j{lrons

Mayor sm 

### c: The Honorable Governor Robert Bentley The Honorable Congressman Robert Aderholt The Honorable Congressman Mo Brooks The Honorable Senator Jeff Sessions The Honorable Senator Richard Shelby

POST OFFICE Box 98 

# + FLORENCE, AL 35631-0098 TELE PHONE (256) 760-6400 

# + www.florenceal.org 

# + fAX (256) 760-6388
<PAGE>
26
 
                                  EXHIBIT 11.1

             Statement Regarding Computation of Per Share Earnings
<PAGE>
27

Computation of Earnings Per Share
---------------------------------

The following formula was used to calculate the earnings per share,
Consolidated Statements of Income for the six months ended June 30, 1998 and
1997, included in this report as Exhibit 13.3

Earnings Per Share

Net Income/Weighted average shares of common stock outstanding for the period


                                  Six months ended
                                      June 30,
                                 1998            1997
                               -------         -------
Weighted Average
Shares Outstanding              1,209,085      1,209,085

Net Income                        501,192        474,485

Per Share Amount                      .41            .39


No common stock equivalents exist.
I

103D CONGRESS

1ST SESSION H. R. 726

To amend title XVIII of the Social Security Act to exempt mental health

services furnished to an individual who is a resident of a nursing facility

from the limitation on the amount of incurred expenses for mental

health services that may be taken into account in determining the amount

of payment for such services under part B of the medicare program.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 2, 1993

Mr. MACHTLEY (for himself, Mr. KOPETSKI, and Mr. WISE) introduced the

following bill; which was referred jointly to the Committees on Ways and

Means and Energy and Commerce

A BILL

To amend title XVIII of the Social Security Act to exempt

mental health services furnished to an individual who

is a resident of a nursing facility from the limitation

on the amount of incurred expenses for mental health

services that may be taken into account in determining

the amount of payment for such services under part

B of the medicare program.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 726 IH

1 SECTION 1. EXEMPTION FROM LIMITATION ON INCURRED

2 EXPENSES FOR MENTAL HEALTH SERVICES

3 UNDER MEDICARE FOR MENTAL HEALTH

4 SERVICES FURNISHED TO NURSING HOME

5 RESIDENTS.

6 (a) IN GENERAL.—Section 1833(c) of the Social Se7 curity Act (42 U.S.C. 1395l(c)) is amended by inserting

8 after ‘‘hospital’’ the following: ‘‘or a resident of a nursing

9 facility (as defined in section 1919(a))’’.

10 (b) EFFECTIVE DATE.—The amendment made by

11 subsection (a) shall apply to expenses for mental health

12 services incurred in calendar years beginning with 1994.

Æ
#### CITY OF MIAMI BEACH, etc., Petitioner, v. Nathan MANILOW et al., Respondents.

No. 39682.

Supreme Court of Florida.

July 23, 1970.

Certiorari denied. 232 So.2d 759.

ERVIN, C. J., and ROBERTS, CARLTON, ADKINS and BOYD, JJ., concur.
<PAGE>   1
                                   EXHIBIT 3.3

                               AMENDMENT TO BYLAWS
                                       OF
                                NUTRACEUTIX, INC.


        1. The first sentence of Section 3.2 of the Bylaws is hereby amended to
provide as follows:

               "The Board shall be composed of not less than four (4) and not
        more than twelve (12) directors, the specific number to be established
        by resolution adopted by the Board of Directors."

        2. Section 2.3 of the Bylaws is hereby deleted in its entirety.

        3. The first sentence of Section 2.1 of the Bylaws is hereby amended to
provide as follows:

               "The annual meeting of the shareholders shall be held each year
        on a date designated by the Board of Directors for the purpose of
        electing directors and transacting such other business as may properly
        come before the meeting."
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 on Form 10-K of ONEOK Partners, L.P. (the
“Company”) for the period ending December 31, 2008 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Curtis L. Dinan,
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 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.
 
 
 /s/ Curtis L. Dinan
 Curtis L.
Dinan
 Chief
Financial Officer
 
 February
24, 2009
 
 
 A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required
by Section 906, has been provided to ONEOK Partners, L.P. and will be retained
by ONEOK Partners, L.P. and furnished to the Securities and Exchange Commission
or its staff upon request.
** **

**Exhibit 10.20**

 

 

June 5, 2003

 

Lee McGrath

CFO

Versant Corporation

6539 Dumbarton Circle

Fremont, CA 94555

 

Re: Confirmation of renewal of line of credit dated April 18, 2002

 

 

Dear Lee,

 

Per our discussions, this letter will confirmthat Pacific Business Funding ("Bank") a division of CupertinoNational Bank has approved to renew the existing line of credit to VersantCorporation ("Borrower") to July 18, 2004.

 

Borrower will pay lender a fee of $25,000 forthis renewal.

 

All other terms and conditions granted toeach party in the Loan and Security Agreement ("Agreement") dated andsign by both parties on April 18, 2002 and extended by both parties via anamendment on April 11, 2003, excepted as specifically noted above, shallremain the same.

 

Please call with any questions or sign belowacknowledging the above.

 

Best regards,

 
| /s/ Mike Hansen          |   |
|--------------------------|--------|
| Senior Vice President    |   |
| Pacific Business Funding |   |

 

 

Agreed to:

 
| By:   | /s/ Lee McGrath |   |
|-------|-----------------|--------|
| It's: | CFO             |   |
| Date  | 6/4/03          |   |

 

----
**EXHIBIT 32.1**

 

CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,

ASADOPTED PURSUANT TO

SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the ExamUSA Annual Report on Form 10-KSB for the year ended May 31, 2004 as filed withthe Securities and Exchange Commission on the date hereof, I, ShinichiHirabayashi, Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that, to the best of my knowledge:

 

1.                                       Such annual report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934, as amended, and

 

2.                                       The information contained in such AnnualReport on Form 10-KSB fairly presents, in all material respects, the financialcondition, results of operations and cash flows of Exam USA, Inc.

 
| Date: October 13,  2004 |   |
|------------------------------|--------|
|                         |   |
|                         | By:    | /s/  Shinichi Hirabayashi |
|                         |   | Shinichi Hirabayashi  Chief Executive Office and Director |

 

A signed original of thiswritten statement required by Section 906, or other documentauthenticating, acknowledging, or otherwise adopting the signature that appearsin typed form within the electronic version of this written statement requiredby Section 906, has been provided to Exam USA, Inc. and will be retainedby Exam USA, Inc. and furnished to the Securities and Exchange Commission orits staff upon request.

 

----
I

103D CONGRESS

1ST SESSION H. R. 735

To amend the United States Housing Act of 1937 to exclude from consideration as family income for purposes of Federal housing assistance programs certain rebates and refunds for the cost of State property taxes

paid through rent.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 2, 1993

Mr. PAYNE of New Jersey introduced the following bill; which was referred

to the Committee on Banking, Finance and Urban Affairs

A BILL

To amend the United States Housing Act of 1937 to exclude

from consideration as family income for purposes of Federal housing assistance programs certain rebates and

refunds for the cost of State property taxes paid through

rent.

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 ‘‘Homestead Rebate Ex5 emption Act of 1993’’.
2

•HR 735 IH

1 SEC. 2. EXCLUSION OF PROPERTY TAX REBATES FROM IN2 COME.

3 Section 3(b)(5) of the United States Housing Act of

4 1937 (42 U.S.C. 1437a(b)(5)) is amended—

5 (1) in subparagraph (F), by striking ‘‘and’’ at

6 the end;

7 (2) in subparagraph (G), by striking the period

8 at the end and inserting ‘‘; and’’; and

9 (3) by adding at the end the following new sub10 paragraph:

11 ‘‘(H) any amounts received after January

12 1, 1993, by the family in the form of refunds

13 or rebates under State or local law for property

14 taxes paid through rent on the dwelling unit of

15 the family.’’.

Æ
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-21-00229-CV

Paul J. KITTLE, Jr.,

Appellant

v.

Patricia KITTLE,

Appellee

From the 288th Judicial District Court, Bexar County, Texas

Trial Court No. 2018-CI-16245

Honorable Angelica Jimenez, Judge Presiding

PER CURIAM

Sitting: Beth Watkins, Justice

Liza A. Rodriguez, Justice

Lori I. Valenzuela, Justice

Delivered and Filed: October 6, 2021

DISMISSED FOR WANT OF PROSECUTION

Appellant’s brief was due on August 16, 2021 and was not filed. On September 2, 2021, 

we ordered appellant to file his brief and a written response explaining: (1) his failure to timely 

file a brief; and (b) why appellee was not significantly injured by appellant’s failure to timely file 

a brief. We cautioned appellant that if he did not timely file the brief and written response by 

September 17, 2021, we would dismiss this appeal for want of prosecution. See TEX. R. APP. P.

38.8(a), 42.3(c). 
04-21-00229-CV

- 2 -

Appellant did not respond to our September 2, 2021 order. Accordingly, we dismiss this 

appeal for want of prosecution.

PER CURIAM
#### Philip R. LEFORT, d/b/a International Craftsmen, Inc., Appellant, v. Andrew CALDERONE, d/b/a Andrew Calderone Industries, Appellee.

No. 70-598.

District Court of Appeal of Florida, Third District.

Feb. 9, 1971.

Rehearing Denied March 12, 1971.

*560Wilson, Burns & Browd, Miami, for appellant.

Reasbeck & Eegers, Hollywood, and Robert E. Stucker, Miami Beach, for ap-pellee.

Before PEARSON, C. J., and BARK-DULL and HENDRY, JJ.

PER CURIAM.

The appellant was the tenant of the appellee and the judgment appealed is for unpaid rent. The point presented upon the appeal urges that the court erred in failing to recognize a settlement allegedly made prior to suit. The evidence as to the terms of the alleged settlement is conflicting. There is sufficient evidence to support a finding by the trier of fact that the proposed settlement was never accepted by the appellant. See International Shoe Company v. Carmichael, Fla.App.1969, 114 So.2d 436; 6 Fla.Jur. Compromise and Settlement § 10 (1956).

It appears without question, however, that the appellant did make a payment of $200 to appellee in anticipation of the settlement. The judgment entered failed to take this payment into account. We therefore modify the judgment by reducing the amount thereof to $1,000 plus interest and cost therein set forth. Schnabel v. Betts, 23 Fla. 178, 1 So. 692 (1887). F.S.A. § 59.34, F.S.A. In all other respects the judgment is affirmed.

Judgment modified and as modified affirmed.
#### STATE of Louisiana v. Donald BRIGGS.

No. 54050.

Supreme Court of Louisiana.

March 25, 1974.

*239V. V. Young, Crowley, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Frank T. Salter, Jr., Dist. Atty., Frank W. Summers, II, Asst. Dist. Atty., for plaintiff-appellee.'

SANDERS, Chief Justice.

Defendant, Donald Briggs, was tried under a Grand Jury indictment, charging him with aggravated rape. LSA-R.S. 14:42, On May 7, 1973, the jury found the defendant guilty, without capital punishment. On May 17, 1973, the defendant was sentenced to life imprisonment.

The defendant appeals his conviction, relying upon a single Bill of Exceptions.

The defendant reserved this bill of exceptions when the trial judge overruled his motion to suppress his confession.

In its brief, the State has pointed out that the confession was not used at the trial and that the conviction was based solely on other evidence. Our examination of the record has confirmed that the confession was in no way used at the trial.

Since the confession was not used, the defendant is in the same position in which he would have been if the motion to suppress had been sustained. Hence, we conclude that he has no cause for complaint.

For the reasons assigned, the conviction and sentence are affirmed.
#### Leone Edna WILLIAMS, Employee, Petitioner, v. HARBOUR ISLAND SPA, Employer, et al., Respondents.

No. 43386.

Supreme Court of Florida.

April 27, 1973.

Certiorari denied.

CARLTON, C. J., and ROBERTS, BOYD, McCAIN and DEKLE, JJ., concur.
#### McKinley ATKINS v. STATE.

No. 38819.

Supreme Court of Florida.

Sept. 1969.

Appeals dismissed without opinion. 224 So.2d 456.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Consolidated Balance Sheets, the Consolidated Statements of Income and the
Consolidated Statement of Cash Flows and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-30-2000
<PERIOD-START>                             JAN-02-2000
<PERIOD-END>                               SEP-09-2000
<CASH>                                         139,635
<SECURITIES>                                         0
<RECEIVABLES>                                  261,034
<ALLOWANCES>                                         0
<INVENTORY>                                  1,237,936
<CURRENT-ASSETS>                             1,770,740
<PP&E>                                       4,285,952
<DEPRECIATION>                               1,500,899
<TOTAL-ASSETS>                               7,894,748
<CURRENT-LIABILITIES>                        3,983,522
<BONDS>                                        511,389
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       928,855
<OTHER-SE>                                   1,493,177
<TOTAL-LIABILITY-AND-EQUITY>                 7,894,748
<SALES>                                      8,185,747
<TOTAL-REVENUES>                             8,185,747
<CGS>                                        6,191,471
<TOTAL-COSTS>                                6,191,471
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             116,984
<INCOME-PRETAX>                                188,260
<INCOME-TAX>                                    74,241
<INCOME-CONTINUING>                            114,019
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   114,019
<EPS-BASIC>                                       0.71
<EPS-DILUTED>                                     0.70


</TABLE>
Exhibit 32.1

Certification of CEO and CFO 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 on Form 10Q of Frawley Corporation (the Company) for the quarterly period ending September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the
Report), Michael P. Frawley as Chief Executive Officer and Chief Financial Officer of the Company hereby certifies, 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 results of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  |                                                    
|---------------------- |  | ---------------------------------------------------
|                      
|/s/ Michael P. Frawley
|Name:                  |  | Michael P. Frawley                                 
|Title:                 |  | Chief Executive Officer and Chief Financial Officer
|Date:                  |  | October 31, 2005                                   



This certification accompanies the
Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of § 18 of the Securities Exchange Act of 1934, as
amended.