alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 07-12-0522-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

FEBRUARY 19, 2013

______________________________

In the Interest of N.M.G., A Child

______________________________

FROM THE 181st DISTRICT COURT OF RANDALL COUNTY;

NO. 64,078-B; HON. JOHN B. BOARD, PRESIDING

_______________________________

ON ABATEMENT AND REMAND

_______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Appellant Jason Gutierrez filed a notice of appeal on November 30, 2012.  On December 13, 2012, the clerk’s record was filed.  The reporter’s record was due on December 10, 2012.  On December 27, 2012, this court notified the reporter by letter that the record was late and directed the reporter to respond, by January 7, 2013, and explain why it had not been filed.  On January 7, 2013, the reporter filed a motion for extension of time to file the record, which was granted to February 7, 2013.  To date, no response, status report, or reporter’s record has been filed.

Accordingly, we abate this appeal and remand the causes to the 181st District Court of Randall County (trial court) for further proceedings.  Upon remand, the trial court shall determine, via hearing or other reasonable means:

when the reporter’s record will be transcribed into written form and filed in accordance with the rules of appellate procedure and in a manner that does not further delay the prosecution of this appeal or have the practical effect of depriving the appellant of his right to appeal.

The trial court shall cause the hearing to be transcribed.  So too shall it 1) execute findings of fact and conclusions of law addressing the foregoing issue.  Additionally, the district court shall then cause those findings of fact and conclusions of law to be filed with the clerk of this court on or before March 18, 2013.  Should further time be needed by the trial court to perform these tasks, then same must be requested before March 18, 2013.

It is so ordered.

Per Curiam
**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 Annual Report ofFischer Imaging Corporation (the “Company”) on Form 10-K/A for the periodending December 31, 2005 as filed with the Securities and Exchange Commissionon the date hereof (the “Report”), I, Steven Durnil, Chief Executive Officerand President of the Company, certify, pursuant to 18 U.S.C. § 1350, as adoptedpursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)                                  TheReport fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

(2)                                  Theinformation contained in the Report fairly presents, in all material respects,the financial condition and result of operations of the Company.

 

 
| Date: May 1, 2006 | /s/ STEVEN DURNIL                                    |   |
|------------------------|------------------------------------------------------|--------|
|                   | Steven Durnil*Chief Executive Officer and President* |

 

----
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                       3,596,128
<SECURITIES>                                 6,491,503
<RECEIVABLES>                               34,435,265
<ALLOWANCES>                               (1,599,680)
<INVENTORY>                                 36,244,554
<CURRENT-ASSETS>                            83,074,046
<PP&E>                                      36,158,543
<DEPRECIATION>                            (14,241,072)
<TOTAL-ASSETS>                             118,877,898
<CURRENT-LIABILITIES>                       47,998,769
<BONDS>                                     16,661,693
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    25,802,401
<OTHER-SE>                                  23,505,394
<TOTAL-LIABILITY-AND-EQUITY>               118,877,898
<SALES>                                    109,137,878
<TOTAL-REVENUES>                           109,137,878
<CGS>                                       71,147,135
<TOTAL-COSTS>                               71,147,135
<OTHER-EXPENSES>                            34,045,689
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                         (2,169,273)
<INCOME-PRETAX>                              2,499,719
<INCOME-TAX>                               (1,034,866)
<INCOME-CONTINUING>                          1,464,853
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,464,853
<EPS-BASIC>                                       0.12
<EPS-DILUTED>                                     0.12


</TABLE>
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 80 Introduced in House (IH)]

103d CONGRESS
  1st Session
H. RES. 80

Providing amounts from the contingent fund of the House for expenses of 
 investigations and studies by the Committee on Foreign Affairs in the 
            first session of the One Hundred Third Congress.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 16, 1993

Mr. Hamilton submitted the following resolution; which was referred to 
                 the Committee on House Administration

_______________________________________________________________________

                               RESOLUTION

 
Providing amounts from the contingent fund of the House for expenses of 
 investigations and studies by the Committee on Foreign Affairs in the 
            first session of the One Hundred Third Congress.

    Resolved, That for expenses of investigations and studies by the 
Committee on Foreign Affairs (hereinafter in this resolution referred 
to as the ``Committee''), there shall be paid out of the contingent 
fund of the House not more than $4,201,658.
    Sec. 2. Payments under this resolution shall be made on vouchers 
authorized by the Committee, signed by the Chairman of the Committee, 
and approved by the Committee on House Administration.
    Sec. 3. Amounts shall be available under this resolution for 
investigations and studies carried out during the period beginning at 
noon on January 3, 1993, and ending immediately before noon on January 
3, 1994.
    Sec. 4. Amounts made available under this resolution shall be 
expended in accordance with regulations prescribed by the Committee on 
House Administration.

                                 <all>
```
<PAGE>


                                                             EXHIBIT 23


                          INDEPENDENT AUDITORS' CONSENT


The Board of Directors of Newhall Management Corporation and Partners of The
Newhall Land and Farming Company:

We consent to incorporation by reference in the Registration Statements on Form
S-8 (Numbers 033-53767, 033-53769, 033-58171, 333-15303 and 333-57591) of The
Newhall Land and Farming Company of our report dated January 19, 2000, relating
to the consolidated balance sheets of The Newhall Land and Farming Company and
subsidiaries as of December 31, 1999 and 1998, and the related consolidated
statements of income, changes in partners' capital, and cash flows for each of
the years in the three-year period ended December 31, 1999, which report appears
in the December 31, 1999, annual report on Form 10-K of The Newhall Land and
Farming Company.



                                  /s/ KPMG LLP



Los Angeles, California
March 23, 2000
#### Pete MEDLIN, Appellant, v. STATE of Florida, Appellee.

No. 73-149.

District Court of Appeal of Florida, Fourth District.

Nov. 16, 1973.

PER CURIAM.

Affirmed.
#### In the Matter of Kenya A., a Person Alleged to be a Juvenile Delinquent, Appellant.

[655 NYS2d 761]

Order, Family Court, New York County (George Jurow, J.), entered on or about February 26, 1996, which, upon appellant’s admission that she had committed an act which, if committed by an adult, would constitute the crime of assault in the second degree, adjudicated her a juvenile delinquent and placed her with the Division for Youth for 18 months, unanimously affirmed, without costs.

Where appellant had a history of habitual truancy and volatile and assaultive behavior, the court properly determined that her placement with a private residential program, rather than probation, was the least restrictive alternative to protect both appellant and the public *(Matter of Katherine W.,*62 NY2d 947). Concur—Sullivan, J. P., Milorias, Tom and Andrias, JJ.
FIRST EQUITY

Corporation

23399 Commerce Dr·Ste B-1· Farmington Hills · MI 48335-2765



248.994.0099-tel · 248.489.9495-fax



June 9, 2008



Compensation Committee Members

LBO Capital Corp.

23399 Commerce Dr Ste B-1

Farmington Hills  MI 48335-2765



RE: Annual Compensation Proposal



Dear Members of the Compensation Committee:



This letter presents an annual compensation proposal for your consideration.  For some time and without compensation, First Equity Corporation (First Equity) has been supplying business services to LBO Capital Corp. (LBO Capital), including facilities such as office space, business equipment and materials; and, personnel and services including administrative work and accounting services required to conduct business in a professional environment, including providing services of a Chief Executive Officer and Chief Financial Officer (CEO & CFO).



Terms of a proposed annual compensation agreement follow:



1.

First Equity shall be compensated in the amount of US$150,000 per year commencing January 1, 2008 and US$12,500 shall be paid at the first of each month for 24 months during the two (2) year agreement term, ending December 31, 2009.



2.

The initial two year agreement shall be automatically extended for an additional two (2) years unless one party notifies the other in writing, six (6) months in advance of the expiry date and written notice delivered by U S Mail to the other party, of its intention to terminate the business services agreement.



3.

First Equity shall be promptly reimbursed for any fees incurred and payments made on behalf of LBO Capital Corp.



Please review and comment on this draft setting down topics discussed in recent weeks.



Sincerely yours,



/S/ Shirley B. Itin



Shirley B. Itin

President





CC: Charles W. Centner, Esq.





FEC\2008-05-09 FEC LBOC AnnCompProp.doc
```

                                                                Exhibit 10.5(16)

                                    Exhibit A

                               Amendment No. 2 to
                          SIERRA HEALTH SERVICES, INC.
                           SECOND AMENDED AND RESTATED
                             1986 STOCK OPTION PLAN

The Sierra Health  Services,  Inc. Second Amended and Restated 1986 Stock Option
Plan, as Amended (the "Plan"), is hereby further amended as follows:

The  last  sentence  of  Section  9(b) of the  Plan is  hereby  deleted  and the
following sentences are added in place thereof:

     Notwithstanding  the  foregoing,  if, during the term of an Option (but not
     within six months of the date of grant), (a) the Corporation shall merge or
     consolidate  with any other  corporation  and  shall  not be the  surviving
     corporation; (b) the Corporation shall transfer all or substantially all of
     its assets to any other person; or (c) more than fifty percent (50%) of the
     Corporation's outstanding voting stock shall have been purchased,  directly
     or indirectly,  by or for the benefit of any other person (collectively,  a
     "Change of  Control"),  the  vesting of the Option  shall be  automatically
     accelerated,  so that the Option  outstanding at the time of such Change of
     Control will be exercisable immediately prior to the effective date of such
     Change of  Control;  provided,  however,  that the  Committee  may,  in its
     discretion,  exclude a Change of  Control  transaction  from the  foregoing
     provisions and permit the Option to continue to vest in accordance with its
     original terms.

Except as amended hereby, the Plan shall remain in full force and effect.
```
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#  News Releases 

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<Page>


                                                                    EXHIBIT 13.1



                                  CERTIFICATION
                                       of
                            Periodic Financial Report
      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
                                  Section 1350



I, Arthur G. Ritchie, Chairman of the Board, President and Chief Executive
Officer of Sand Technology Inc., hereby certify that the Annual Report on Form
20-F for the Fiscal Year ended July 31, 2006 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that the information contained in the periodic report fairly presents, in
all material respects, the financial condition and results of operations of Sand
Technology Inc.


Date:  March 13, 2007.



                                     /s/ Arthur G. Ritchie
                                     ----------------------------------------
                                         Chairman of the Board,
                                         President and Chief Executive Officer



This certification is made solely for the purposes of 18 U.S.C. Section 1350,
subject to the knowledge standard set forth therein, and not for any other
purpose. It is not being filed as part of the Annual Report or as a separate
disclosure document.
# C_2021228EN.01001901.xml

| 14.6.2021 | EN | Official Journal of the European Union | C 228/19 |
| --- | --- | --- | --- |

14.6.2021

EN

Official Journal of the European Union

C 228/19

---

Request for a preliminary ruling from the Curtea de Apel Bucureşti (Romania) lodged on 3 March 2021 — Direcţia Generală Regională a Finanţelor Publice Bucureşti — Administraţia Sector 1 a Finanţelor Publice v VB, Direcţia Generalā Regională a Finanţelor Publice Bucureşti — Serviciul Soluţionare Contestaţii 1

(Case C-146/21)

(2021/C 228/24)

Language of the case: Romanian

Referring court

Curtea de Apel Bucureşti

Parties to the main proceedings

Appellant: Direcţia Generală Regională a Finanţelor Publice Bucureşti — Administraţia Sector 1 a Finanţelor Publice

Respondents: VB, Direcţia Generalā Regională a Finanţelor Publice Bucureşti — Serviciul Soluţionare Contestaţii 1

Question referred

In circumstances such as those in the main proceedings, do Directive 2006/112/EC (1) and the principle of neutrality preclude national legislation or a tax practice in accordance with which the reverse charge mechanism (simplification measures), which is mandatory for the sale of standing timber, is not applicable to a person who has been the subject of an inspection and who has been registered for VAT purposes following that inspection, on the grounds that the person subject to the inspection had neither applied for nor obtained registration for VAT purposes either before the transactions were carried out or by the date on which the upper limit [for exemption] was exceeded?

---

(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).

---
No. 144.

#### Chicago, Rock Island & Pacific Railway Company *v.*Mrs. Abi Janney.

Error, to the Court of Appeal, Second Circuit, of the State of Louisiana.

Motion to dismiss or' affirm submitted October 5, 1925..

Decided October 12, 1925.

*Messrs. Richard S. Doyle, Merritt Starr*and *Albert L. Hopkins*for defendant in error, in support of the motion.

Mr. *Thomas S. Buzbee*for plaintiff in error, in opposition thereto.

*Per Curiam.*

Dismissed for want of jurisdiction upon the authority of section 237 of the Judicial Code as amended by the act of September 6, 1916, c. 448, sec. 2, 39 Stat. 726; *Jett Bros. Distilling Co.*v. *Carrollton,*252 U. S. 1, 5, 6.
#### JOSIAH MARVEL et al., garnishees of WILLIAM LYONS’ adm’r, d. b., appe’t. *vs.*ELIZABETH HOUSTON, ex’x. of JOHN HOUSTON, dec’d., p. b. resp’t.

Neither an administrator nor a debtor of the estate can be garnisheed; because it disturbs the proper administration of the estate.

Certiorari.

It appeared from the record that John Houston in his lifetime recovered a judgment against William Lyons in his lifetime, which judgment was revived on scire facias at the suit of Elizabeth Houston, executrix of John Houston *vs.*Richard Lyons, administrator of William Lyons. On this judgment a fieri facias issued for levying the debt, with a clause for summoning “ the garnishees of the said Richard Lyons, administrator of William Lyons, deceased.” Under this process Marvel and another were summoned; put to plead, and had judgment against them.

Exception. “For that the said Josiah Marvel, and a certain Elisha Evans, since deceased, were summoned as garnishees of a certain Richard Lyons, administrator of William Lyons, deceased, and judgment was rendered and execution issued thereon against the said Josiah Marvel and Elisha Evans, as garnishees as aforesaid of the said administrator.”

*Ridgely,*for plaintiff in error.

*Houston,*for defendant

*Per Curiam.*

The exception is fatal. The act of assembly settles the priority of payment of debts in the administration of assets, and it will not do to allow it to be disturbed in this way. By allowing the debtors of the estate to be garnisheed the assets might be diverted from their lawful course of application. Thus funds applicable to judgment debts might be arrested and applied to simple contract debts. Neither an administrator, therefore, nor a debtor of the estate, can be attached or summoned as a garnishee. This is the invariable decision.

Judgment reversed.
#### JOHN SMITH *vs.*PETER JOHNSON.

A party having leave to amend his pleadings on terms, cannot proceed until the terms are complied with.

Capias case. The defendant, at the last term, had a continuance with leave to amend on payment of costs; and *Mr. Bayard*now moved to strike out a plea since pleaded, on the ground that the defendant had no right to plead, and he was not bound to reply, until the costs were paid.

The defendant now paid the costs; and, the *Court*refused to strike out the plea; but gave the plaintiff liberty to continue the cause, at the defendant’s cost for the term; saying that he might have treated the plea as a nullity and signed judgment, as the condition on which leave to plead was granted, was not complied with.

*Bayard,*for plaintiff.

*Buffington,*for defendant.

*Mr. Bayard*

said there were other pleas, or he should have signed' judgment.

Case continued, the defendant to pay costs of-the term.
# C_2023007EN.01002902.xml

| 9.1.2023 | EN | Official Journal of the European Union | C 7/29 |
| --- | --- | --- | --- |

9.1.2023

EN

Official Journal of the European Union

C 7/29

---

Judgment of the General Court of 26 October 2022 — Lemken v EUIPO (shade of sky blue)

(Case T-621/21) (1)

(EU trade mark - Application for an EU trade mark consisting of a shade of sky blue - Absolute grounds for refusal - No descriptive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - No distinctive character acquired through use - Article 7(3) of Regulation 2017/1001)

(2023/C 7/37)

Language of the case: German

Parties

Applicant: Lemken GmbH & Co. KG (Alpen, Germany) (represented by: I. Kuschel and W. von der Osten-Sacken, lawyers)

Defendant: European Union Intellectual Property Office (represented by: T. Klee and E. Markakis, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 July 2021 (Case: R 2037/2020-1).

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Lemken GmbH & Co. KG to pay the costs. |
| --- | --- |

2.

Orders Lemken GmbH & Co. KG to pay the costs.

---

(1)  OJ C 462, 15.11.2021.

---
#### Kaethe D. FUENTES, Administratrix of the Estate of Nicholas Fuentes, Deceased, Appellant, v. Oscar BEGUIRISTAIN et al., Appellees.

No. 71-842.

District Court of Appeal of Florida, Third District.

Feb. 29, 1972.

PER CURIAM.

Affirmed.