alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
The State of TexasAppellee/s



# Fourth Court of Appeals

**San Antonio, Texas**

September 10, 2014

N o. 04

- 14

- 00188

- CR

Mike DAVIS

, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 175th Judicial Di strict Court, Bexar County, Texas

Trial Court No. 2011CR0287 Honorable Mary D. Roman, Judge Presiding



### ORDER

Appellant Mike Davis’s court

- appointed attorney has filed a brief and motion to withdraw pursuant to Anders v. California , 386 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. Counsel provided Davis with copies of the brief and motion to withdraw and explain ed to Davis his rights to review the record and file a pro se brief

and to file a pro se petition for discretionary review if this court determines the appeal is

frivolous. See Kelly v. State , No. PD

- 0702

- 13, 2014 WL 2865901 (Tex. Crim. App. June 25, 2014). Counsel’s letter advised Davis to immediately file a motion in this court if he wishe d to review the appellate record and enclosed a form motion for this purpose. See id. No tim ely request for record was filed in this court.

If appellant desires to file a pro se brief, we order that he do so on or before O ctober 10,

2014

. The State has filed a notice waiving its right to file a brief in this case unless appellant files a pro se brief. If appellant files a timely pro se brief, the State may file a responsive brief no later than thirty days after appellant’s pro se brief is filed in this court.

We further order the motion to withdraw filed by appellant’s c ounsel is held in abeyance pending further order of the court. See Penson v. Ohio , 488 U.S. 75, 80

- 82 (1988) (holding that a motion to withdraw should not be ruled on before appellate court independently reviews the

record to determine whether counsel’s e valuation that the appeal is frivolous is sound); Schulman

v. State , 252 S.W.3d 403, 410

- 11 (Tex. Crim. App. 2008) (same); see also Kelly , 2014 WL 2865901 (appointed counsel’s duties of representation do not cease when he files a motion to withdraw; counse l must continue to “act with competence, commitment and dedication to the interest of the client” until the court of appeals grants the motion). Accordingly, no new attorney will be appointed for appellant at this time.We further order the clerk of this court to serve a copy of this order on appellant, his counsel, the attorney for the State, and the clerk of the trial court.

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 10th day of September, 2014

.

___________________________________ Keith E. Hottle

Clerk of Court
#### M. B. COOKE, also known as Belar Cooke, and Brownie Cooke, also known as Willie Mae Cooke, his wife, Appellants, v. Marcella HARDY and Raymond Hardy, her husband; Town and Country Properties, Inc., a Florida corporation; B. C. Hodowal and N. George Frederick, Appellees.

Nos. 872-875.

District Court of Appeal of Florida, Fourth District.

April 3, 1970.

Rehearing Denied May 12, 1970.

PER CURIAM.

Affirmed.
#### Armand FISCHETTI and Anna Fischetti, his wife, Appellants, v. David M. PINCUS and Hannah E. Pincus, his wife, Appellees.

No. 68-1012.

District Court of Appeal of Florida. Third District.

May 20, 1969.

Kates & Ress and Roland Gomez, North Miami, for appellants.

Martin Kahn, Pincus, Moss & Savitt, North Miami, for appellees.

Before PEARSON, HENDRY and SWANN, JJ.

PEARSON, Judge.

The appellants were defendants in the civil court of record to an action of unlawful detainer. The point presented on this appeal is whether the trial court erred in denying defendants’ motion to dismiss the cause for lack of jurisdiction over the subject matter. We hold that the trial court improperly denied the motion and reverse the judgment.

Appellants' motion to dismiss presented pursuant to Rule 1.140(b), Florida Rules of Civil Procedure, 30 F.S.A., set forth that the right to possession which was sought in the unlawful detainer action in the civil court of record was an issue already pending in the circuit court upon appellants’ suit to rescind a real estate purchase contract and determine appellants’ equitable interest in the same real property. On this appeal no issue is made as to the existence of the matters alleged in the motion and re-alleged in appellants’ answer in the civil court of record. Nevertheless, the trial court denied the motion to dismiss and entered a directed verdict for the plaintiff-appellees.

In Tollius v. Dutch Ins. of America, Inc., Fla.App.1969, 218 So.2d 504, we considered a somewhat similar case in which the error assigned concerned an order temporarily enjoining a fee owner from proceeding in an unlawful detainer action he had instituted in the civil court of record. In that case we pointed out that the ancient remedy of unlawful detainer is clearly unsuitable for the determination of equitable defenses. We held that where the facts presented to the court showed the defendant in the unlawful detainer action to be entitled to some purely equitable relief, it was proper to enter the temporary injunction. See Pepple v. Rogers, 104 Fla. 462, 140 So. 205 (1932), cited in the Tollius case.

In Knight v. Global Contact Lens, Inc., Fla.App.1969, 220 So.2d 693, the appeal was from an order granting a temporary injunction restraining a landlord from proceeding in a civil court of record action *797seeking removal of a tenant. We pointed out that the maxim: equity, once having taken jurisdiction of a cause for one purpose should retain jurisdiction for all purposes to administer full, complete and final relief, including legal remedies, was applicable to that litigation.

We hold in the instant case that it was error for the trial court to disregard pend-ency of a prior suit in the circuit court in view of appellants’ motion to dismiss, which set forth the pendency of that suit, and the equitable nature of the relief it sought. For the foregoing reasons the judgment in the instant suit is reversed, and the cause is remanded for further proceedings in accordance with the views herein expressed.

Reversed and remanded.
<PAGE>

                                                                    Exhibit 23.1


                         CONSENT OF INDEPENDENT AUDITORS

         We consent to the incorporation by reference in the Registration
Statements Form S-8 (No. 333-08847) pertaining to the Lark Sequencing
Technologies, Inc. 1990 Stock Option Plan, Form S-8 (No. 333-35675) pertaining
to the Lark Technologies, Inc. 1997 Nonqualified Stock Option Plan for
Non-Employee Directors, Form S-8 (No.333-46280) pertaining to the Lark
Technologies, Inc. 2000 Stock Option Plan and Form S-8 (No. 333-102386)
pertaining to the Lark Technologies, Inc. 2002 Stock Option Plan of our report
dated March 14, 2003 with respect to the financial statements of Lark
Technologies, Inc. included in the Annual Report (Form 10-KSB) for the year
ended December 31, 2002.


                                               ERNST & YOUNG LLP

Houston, Texas
March 27, 2003
No. 10639.

#### Wilcox et al. *v.*Fligor.

Decided January 12, 1909.

Error to Circuit Court of Crawford county.

*Messrs. Leuthold & Leuthold*and *Mr. R. V. Sears,*for plaintiffs in error.

*Messrs. Finley & Gallinger,*for defendant in error.

Judgment affirmed.

Spear, Davis and Price, JJ., concur.
Exhibit 99.2

                   Certification of Chief Financial Officer
               of GeoResources, Inc. Pursuant to 18 U.S.C. 1350


  I, J. P. Vickers, certify that:

  In connection with the Quarterly Report on Form 10-QSB of GeoResources,
Inc. (the "Company") for the period ended September 30, 2002, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"),
I, J. P. Vickers, 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, 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/  J. P. Vickers
                                       ------------------------------------
                                       J. P. Vickers
                                       Chief Financial Officer
                                       November 14, 2002
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<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF GOLF HOSTS RESORTS, INC. FOR THE SIX MONTHS ENDED JUNE
30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
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No. 00-861.

#### Clinger *v.*New Mexico Highlands University Board of Regents et al.

C. A. 10th Cir. Certiorari denied.
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<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
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WE HAVE CALCULATED EARNINGS PER SHARE AMOUNTS IN ACCORDANCE WITH HAS 128
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PRIMARY AND FULLY DILUTED, RESPECTIVELY.
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##### 



Exhibit 32.2 CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350) The certification set forth below is hereby made solely for the purpose of satisfying the
requirements of Section 906 of the Sarbanes-Oxley Act of 2002 and may not be relied upon or used
for any other purposes. In connection with the Annual Report of Wheeling-Pittsburgh Corporation (the Company) on Form
10-K for the year ended December 31, 2004, as filed with the Securities and Exchange Commission on
the date hereof (the Report), I, Paul J. Mooney, 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 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; and(2)
    the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations
of the Company. 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 the
Company and will be retained by the Company and furnished to the Securities and Exchange Commission
or its staff upon request. Date: March 14, 2005By:
    /s/Paul J. MooneyPaul J. MooneyChief Financial Officer The foregoing certification is being furnished to the Securities and Exchange Commission as an
Exhibit to this report and should not be considered filed as a part of this report.
# C_2020209EN.01003101.xml

| 22.6.2020 | EN | Official Journal of the European Union | C 209/31 |
| --- | --- | --- | --- |

22.6.2020

EN

Official Journal of the European Union

C 209/31

---

Action brought on 20 April 2020 — Square v EUIPO ($ Cash App)

(Case T-211/20)

(2020/C 209/42)

Language of the case: English

Parties

Applicant: Square, Inc. (San Francisco, California, United States) (represented by: M. Hawkins, Solicitor, K. Lüder and T. Dolde, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: International registration designating the European Union in respect of the figurative mark $ Cash App — International registration designating the European Union No 1 410 839

Contested decision: Decision of the First Board of Appeal of EUIPO of 5 February 2020 in Case R 810/2019-1

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order EUIPO to pay the costs of the proceedings, including the costs incurred in the proceedings before the Operations Department and the First Board of Appeal. |
| --- | --- |

—

order EUIPO to pay the costs of the proceedings, including the costs incurred in the proceedings before the Operations Department and the First Board of Appeal.

Pleas in law

| — | Infringement of Article 72(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 72(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
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