alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Sam J. McCALL, Jr., Appellant, v. Charles Wesley ESSARY, Appellee.

No. Q-5.

District Court of Appeal of Florida, First District.

Feb. 10, 1972.

Rehearing Denied March 15, 1972.

Brooks Taylor, Crestview, for appellant.

James D. Swearingen, of Harrell, Wilt-shire, Bozeman, Clark & Stone, Pensacola, for appellee.

PER CURIAM.

The briefs and record on appeal having been read and given full consideration, and the appellant having failed to demonstrate reversible error, the judgment of the lower court appealed from herein is affirmed. See O’Connor v. Town of Pass-A-Grille Beach, 107 So.2d 192 (Fla.App. 1958), cert. den. Ill So.2d 41 (Fla.1959).

CARROLL, DONALD K., Acting C. J., and RAWLS and JOHNSON, JJ., concur.
## In the Court of Appeals Second Appellate District of Texas

at Fort Worth

___________________________ No. 02

- 18

- 00201

- CV

___________________________

On Appeal from the 141st District Court Tarrant County, Texas Trial Court No. 141

- 267462

- 13

Before Birdwell, J.; Sudderth, C.J.; and Bassel, J. Per Curiam Memorandum Opinion 

### S OLOY 

### , L.L.C.
, Appellant

V



### .
A NKE 

### M ONTGOMERY 

### , I NDIVIDUALLY AND AS 

### P ERSONAL 

### R EPRESENTATIVE OF THE 

### E ST ATE OF 

### M ARK 

### M ONTGOMERY 

### , D ECEASED 

### ;

AND 

### E AGLE 

### M ED 

### , L.L.C. , Appellees2 MEMORANDUM OPINION

We have considered the parties’ “ Agreed Motion t o Dismiss Appeal Against

t he Montgomery Appellee with Prejudice .” We grant the motion and dismiss with
prejudice the appeal against appellee Anke Montgomery only , in both her individual
and personal representative capacities

. See Tex. R. A pp. P. 42.1(a)(1), 43.2(f). The

cause number will now be styled “ Soloy, L.L.C. v. EagleMed, L.L.C. ”

Per Curiam

Delivered: January 10, 2019
<PAGE>   1
                       BROOKTROUT, INC. AND SUBSIDIARIES


BROOKTROUT SECURITIES CORPORATION
(a subsidiary of Brooktrout Holding, Inc.)
INCORPORATED:            DECEMBER 22, 1992
STATE:                   MASSACHUSETTS


BROOKTROUT TECHNOLOGY EUROPE LTD.
(a subsidiary of Brooktrout, Inc.)
INCORPORATED:            JUNE 28, 1993
STATE:                   MASSACHUSETTS


BROOKTROUT NETWORKS GROUP, INC.
(a subsidiary of Brooktrout, Inc.)
INCORPORATED:            APRIL 1, 1993
F.I.D.:                  75-2481302
TEXAS CHARTER:           95119
CHARTER ISSUED:          APRIL 26, 1993

INTERSPEED, INC.
(a 57% owned subsidiary of Brooktrout, Inc.)
INCORPORATED
IN MASSACHUSETTS:        OCTOBER 23, 1996
INCORPORATED IN
DELAWARE:                JUNE 17, 1999.
MERGED:                  JUNE 18, 1999.

NETACCESS, INC.
(a subsidiary of Brooktrout Holdings, Inc.)
INCORPORATED:            JUNE 26, 1997
STATE:                   DELAWARE
ACQUIRED:                JUNE 30, 1997

BROOKTROUT HOLDINGS, INC.
(a subsidiary of Brooktrout, Inc.)
INCORPORATED:            JUNE 26, 1997
STATE:                   DELAWARE


                                       33
<PAGE>   2

                        BROOKTROUT, INC. AND SUBSIDIARIES


                       BROOKTROUT, INC. SUBSIDIARIES CONT.


BROOKTROUT BUSINESS TRUST
(a subsidiary of Brooktrout Holdings, Inc.)
INCORPORATED:       JUNE 26, 1997
STATE:              MASSACHUSETTS


BROOKTROUT TECHNOLOGY FOREIGN SALES CORPORATION
(a subsidiary of Brooktrout Holdings, Inc.)
INCORPORATED:                       JANUARY 8, 1996
FOREIGN SECURITIES CORPORATION (FSC)
ESTABLISHED AS A SMALL FSC

BROOKTROUT TECHNOLOGY (EUROPE) LIMITED
(a subsidiary of Brooktrout Technology Europe Ltd Massachusetts corporation)
REGISTERED IN THE UNITED KINGDOM; REG. NO. 2760331

BROOKTROUT TECHNOLOGY (EUROPE) LIMITED
REGISTERED IN THE UNITED KINGDOM; REG. NO. 276033

BROOKTROUT TECHNOLOGY, INC.
(a subsidiary of Brooktrout, Inc.)
INCORPORATED:       JANUARY 11, 1984
STATE:              DELAWARE

BROOKTROUT SOFTWARE, INC.
(a subsidiary of Brooktrout, Inc.)
INCORPORATED:       DECEMBER 23, 1999
STATE:              DELAWARE

BEACON NETWORKS, INC.
(a subsidiary of Brooktrout, Inc.)
INCORPORATED:       DECEMBER 23, 1999
STATE:              DELAWARE
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Statement of Financial Condition at March 31, 1998 (Unaudited) and the
Statement of Operations for the three months ended March 31, 1998
(Unaudited) and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1998
<CASH>                                       2,328,287
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,380,394
<PP&E>                                          95,312
<DEPRECIATION>                                  36,490
<TOTAL-ASSETS>                               2,648,630
<CURRENT-LIABILITIES>                          379,955
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       125,232
<OTHER-SE>                                   2,143,443
<TOTAL-LIABILITY-AND-EQUITY>                 2,648,630
<SALES>                                              0
<TOTAL-REVENUES>                                30,413
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             1,492,559
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (1,462,146)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,462,146)
<EPS-PRIMARY>                                   (0.12)
<EPS-DILUTED>                                   (0.12)
        

</TABLE>
#### Rollo KARKEET, Appellant, v. Lewis SNYDER, Appellee.

No. 72-1488.

District Court of Appeal of Florida, Third District.

March 27, 1973.

Rollo Karkeet, in pro. per.

Varón, Stahl & Kay, Hollywood, for ap-pellee.

Before BARKDULL, C. J., and PEARSON and CHARLES CARROLL, JJ.

PER CURIAM.

This is an appeal from an order denying defendant’s motion to dismiss for failure to prosecute and was made pursuant to Rule 1.420(e), RCP, 30 F.S.A. An examination of the record reveals that this cause was filed in 1962 and finally came on for trial in 1966. A trial was begun in this cause and prior to the completion of plaintiff’s case the cause was, upon plaintiff’s motion, “returned to the rules” for *303further discovery.1 Thereafter, a period of more than eighteen months passed without any action by the plaintiff. This period of inaction was followed by defendant’s motion of dismissal for failure to prosecute. The motion should have been granted immediately inasmuch as no good cause in writing was shown why the action should remain pending.

After the defendant moved pursuant to the rule, the court delayed ruling thereon. This delay of the court in no way affects the right of the defendant to a dismissal. Therefore, the order denying the motion to dismiss for lack of prosecution is reversed and this cause is remanded with directions to enter an order of dismissal dismissing the cause pursuant to Rule 1.-420(e), RCP.

Reversed and remanded.

BARKDULL, C. J., dissents.

1

. Plaintiffs motion filed after defendant’s motion to dismiss pursuant to the rule contained the following confession :

> “Counsel will further show unto this Court at the time of the hearing that the delaj's in bringing this matter to an early conclusion has been brought about by requests of the Plaintiff that he be given an opportunity to determine if the Trust Fund was properly managed.”
#### Myra HELLER v. CURTIS MANUFACTURING CO., Inc.

No. 38685.

Supreme Court of Florida.

July 1969.

Certiorari denied without opinion. 222 So.2d 245.
**Exhibit32.1**

 

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of Mackie Designs Inc. (the“Company”) on Form 10-Q for the period ended June 30, 2003 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), we, JamesT. Engen and Tim O’Neil, Chief Executive Officer and Chief Financial Offier,respectively, of the Company, certify, pursuant to 18 U.S.C. § 1350, as adoptedpursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

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

 

(2) The information contained in the Report fairlypresents, in all material respects, the financial condition and result ofoperations of the Company.

 

 
| Dated:   August 14, 2003 | By:                                     | /s/ James T. Engen |
|-------------------------------|-----------------------------------------|--------------------|
|                          | James T. Engen                          |
|                          | *President and Chief Executive Officer* |
|                          |
|                          | /s/ Tim O’Neil                     |
|                          | Tim O’Neil                         |
|                          | Chief Financial Officer                 |

 

 

A signed original of this written statement required by Section 906 hasbeen provided to Mackie Designs Inc. and will be retained by the Company andfurnished to the Securities and Exchange Commission or its staff upon request.

 

1

----
Exhibit 32

WRITTEN STATEMENT OF CHIEF EXECUTIVE OFFICER
AND CHIEF FINANCIAL OFFICER
 PURSUANT TO RULE 13a-14(b) OR RULE 15d-14(b) UNDER
THE SECURITIES EXCHANGE ACT OF 1934
AND 18 U.S.C. 1350

Each of the undersigned, the President and Chief Executive Officer and the Senior Vice President and Chief Financial Officer of Gerber Scientific, Inc., hereby certifies that, on the date hereof:

(i)	The Quarterly Report on Form 10-Q of Gerber Scientific, Inc. for the fiscal quarter ended January 31, 2006 filed the Securities and Exchange Commission (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(ii)	Information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Gerber Scientific, Inc.



|Date:  March 13, 2006 | /s/ Marc T. Giles                                   | 
|--------------------- | --------------------------------------------------- | 
|                      | Marc T. Giles
President and Chief Executive Officer | 



| | /s/ Jay Zager                                               | 
| | ----------------------------------------------------------- | 
| | Jay Zager
Senior Vice President and Chief
Financial Officer |
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM DAY
INTERNATIONAL GROUP, INC.'S QUARTERLY REPORT ON FORM 10-Q FOR THE QUARTER ENDED
SEPTEMBER 30, 1996 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-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                           6,743
<SECURITIES>                                         0
<RECEIVABLES>                                   16,702
<ALLOWANCES>                                     1,165
<INVENTORY>                                     15,542
<CURRENT-ASSETS>                                41,061
<PP&E>                                          50,435
<DEPRECIATION>                                   5,216
<TOTAL-ASSETS>                                 227,910
<CURRENT-LIABILITIES>                           23,173
<BONDS>                                        143,494
<COMMON>                                             1
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      51,447
<TOTAL-LIABILITY-AND-EQUITY>                   227,910
<SALES>                                        101,080
<TOTAL-REVENUES>                               101,080
<CGS>                                           62,542
<TOTAL-COSTS>                                   86,068
<OTHER-EXPENSES>                                  (64)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              12,277
<INCOME-PRETAX>                                  2,799
<INCOME-TAX>                                       971
<INCOME-CONTINUING>                              1,828
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,828
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 32.1  CFO Certification

CERTIFICATION

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 
(18 U.S.C. 1350)

In connection with the Annual Report of Electronic Systems Technology Inc. (the "Company") on Form 10K for the year ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Jon Correio, 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/ JON CORREIO

Jon Correio                                                                        
Chief Financial Officer                                                               
Date:  March 24, 2010
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 466 Engrossed in House (EH)]

H. Res. 466

                In the House of Representatives, U. S.,

                                                         June 29, 1994.
    Resolved, That all points of order against consideration of the bill (H.R. 
4649) making appropriations for the government of the District of Columbia and 
other activities chargeable in whole or in part against the revenues of said 
District for the fiscal year ending September 30, 1995, and for other purposes, 
are waived. During consideration of the bill, all points of order against 
provisions in the bill for failure to comply with clause 2 of rule XXI are 
waived.
            Attest:

                                                                          Clerk.
```
#### Memphis & St. Francis Plank Road Co. vs. Banere & Brown.

This court will not grant a new trial, on the evidence, where there is not a total want of evidence to sustain the finding.

*307*Appeal from Phillips Circuit Court.*

Hon. George W. Beazley, Circuit Judge.

Alexander, for the appellant.

Fowler & Stillwell, for the appellee.

Mr. Justice Compton

delivered the opinion of the Court.

This case originated before a justice of the peace, and was brought by appeal into the Circuit Court, where, on a trial *dt novo,*the appellees recovered judgment.

It is urged in argument here, that the evidence does not sustain the finding of the Circuit Judge, who tried the case sitting as a jury. Upon looking into the record, we do not perceive a total want of evidence to support the finding; and therefore, according to the settled practice of this court; the finding will not be disturbed.

Let the judgment be affirmed with costs.

*308L
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          41,334
<SECURITIES>                                   111,635
<RECEIVABLES>                                   55,702
<ALLOWANCES>                                     9,275
<INVENTORY>                                          0
<CURRENT-ASSETS>                               208,671
<PP&E>                                       1,063,210
<DEPRECIATION>                                  98,959
<TOTAL-ASSETS>                               1,297,415
<CURRENT-LIABILITIES>                          128,308
<BONDS>                                        736,026
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           225
<OTHER-SE>                                     238,604
<TOTAL-LIABILITY-AND-EQUITY>                 1,297,415
<SALES>                                        401,041
<TOTAL-REVENUES>                               401,041
<CGS>                                                0
<TOTAL-COSTS>                                  345,039
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              45,469
<INCOME-PRETAX>                                 10,533
<INCOME-TAX>                                     3,844
<INCOME-CONTINUING>                              6,689
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                 16,740
<CHANGES>                                            0
<NET-INCOME>                                    23,429
<EPS-PRIMARY>                                     1.04
<EPS-DILUTED>                                     1.04


</TABLE>
**Exhibit 31.1**

 

**CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER**

**PURSUANT TO SECTION 302 OF THE SARBANES-OXLEYACT OF 2002**

 

I, James T. Engen, certifythat:

 

1.             I have reviewed this quarterly report on Form 10-Qof LOUD Technologies Inc.;

 

2.             Based on my knowledge, this report does not contain anyuntrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisreport;

 

3.             Based on my knowledge, the financial statements, andother financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report;

 

4.             The registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:

 

(a)           Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

 

(b)           Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

 

(c)           Disclosed in this report any changein the registrant’s internal control over financial reporting that occurredduring the registrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

 

5.             The registrant’s other certifying officer and I havedisclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofthe registrant’s board of directors:

 

(a)           All significant deficiencies andmaterial weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financialinformation; and

 

(b)           Any fraud, whether or not material,that involves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 
| Dated: November  12, 2004 | By:    | /s/ James T.  Engen                     |
|--------------------------------|--------|-----------------------------------------|
|                           |   | James T.  Engen                         |
|                           |   | *President and Chief Executive Officer* |

 

1

----