alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Nicholas Espinet, an Infant, by His Mother and Natural Guardian, Emelinda Espinet, et al., Respondents, v Efrain *344Solis, Appellant.

[722 NYS2d 240]

—Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered March 7, 2000, which, *inter alia,*denied defendant’s motion to vacate a judgment, entered January 13, 1999, pursuant to CPLR 5015 (a) (2) and (3), unanimously affirmed, without costs.

The evidence proffered by defendant to establish that the judgment for plaintiffs was the result of a fraud upon the court was insufficient to warrant vacatur of the judgment. Defendant’s post-judgment proffer indicated that the business card upon which one of plaintiff’s trial witnesses claimed immediately after the infant plaintiffs 1994 accident to have recorded the license number of the offending hit-and-run vehicle, was not manufactured until 1997. Police testimony, however, independently established that defendant’s car had been identified by its license plate number as the vehicle that struck the infant plaintiff in the near aftermath of the 1994 accident. Accordingly, the evidence indicating that the business card may not have existed on the date of the accident, although raising a question as to the credibility of one of plaintiffs witnesses, does not essentially undermine the evidentiary foundation for the jury’s finding that the infant plaintiff had been struck by defendant’s vehicle, and it cannot be said that but for the disputed testimony the jury would probably have found otherwise. Defendant thus failed to satisfy the requisites for relief pursuant to CPLR 5015 (a) (2) and (3) *(see, Weinstock v Handler,*251 AD2d 184, *lv dismissed*92 NY2d 946; *Olwine, Connelly, Chase, O’Donnell & Weyher v Valsan,*226 AD2d 102, 103; *Teichner v W & J Holsteins,*161 AD2d 454, *lv dismissed*77 NY2d 873).

We have considered defendant’s remaining contentions and find them unavailing. Concur — Nardelli, J. P., Andrias, Wallach, Lerner and Rubin, JJ.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the
Consolidated Statements of Operations and Consolidated Balance Sheets of King
World Productions, Inc. and its Subsidiaries and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          AUG-31-1998
<PERIOD-START>                             SEP-01-1997
<PERIOD-END>                               AUG-31-1998
<CASH>                                       188,778
<SECURITIES>                                 558,731
<RECEIVABLES>                                78,724
<ALLOWANCES>                                 3,301
<INVENTORY>                                  0
<CURRENT-ASSETS>                             453,328
<PP&E>                                       31,353
<DEPRECIATION>                               (13,613)
<TOTAL-ASSETS>                               1,023,598
<CURRENT-LIABILITIES>                        142,387
<BONDS>                                      0
<PREFERRED-MANDATORY>                        0
<PREFERRED>                                  0
<COMMON>                                     887
<OTHER-SE>                                   0
<TOTAL-LIABILITY-AND-EQUITY>                 1,023,598
<SALES>                                      683,869
<TOTAL-REVENUES>                             683,869
<CGS>                                        430,653
<TOTAL-COSTS>                                507,602
<OTHER-EXPENSES>                             0
<LOSS-PROVISION>                             0       
<INTEREST-EXPENSE>                           0       
<INCOME-PRETAX>                              205,407 
<INCOME-TAX>                                 69,359  
<INCOME-CONTINUING>                          136,048 
<DISCONTINUED>                               0       
<EXTRAORDINARY>                              0       
<CHANGES>                                    0       
<NET-INCOME>                                 136,048 
<EPS-PRIMARY>                                1.86
<EPS-DILUTED>                                1.79
        


</TABLE>
251 La. 748

#### Allen J. HERNANDEZ v. GORDON’S TRANSPORTS, INC.

No. 49052.

Supreme Court of Louisiana.

Feb. 2, 1968.

In re: Allen J. Hernandez applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of East Baton Rouge. 205 So.2d 157.

Writ refused. On the facts found by the Court of Appeal we find no error of law in its judgment.-
<PAGE>   1
                                                                     EXHIBIT 12

                      Williams Holdings of Delaware, Inc.
               Computation of Ratio of Earnings to Fixed Charges
                             (Dollars in millions)

<TABLE>
<CAPTION>
                                                     Three months ended
                                                       March 31, 1997
                                                     ------------------
<S>                                                      <C>     
Earnings:
   Income before income taxes                            $   74.2
   Add:
      Interest expense - net                                 12.9
      Rental expense representative of interest factor        2.0
      Other                                                    .2
                                                         --------
         Total earnings as adjusted plus fixed charges   $   89.3
                                                         ========

Fixed charges:
   Interest expense - net                                $   12.9
   Capitalized interest                                       1.2
   Rental expense representative of interest factor           2.0
                                                         --------
         Total fixed charges                             $   16.1
                                                         ========
Ratio of earnings to fixed charges                           5.55
                                                         ========

</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 Quarterly Report on Form 10-Q, filed pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended, of The First Bancshares, Inc. (the "Company") for the period ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, DeeDee Lowery, the Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Sec. 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 Section 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/ DeeDee LoweryName: DeeDee LoweryTitle: Executive Vice President and

Chief Financial OfficerDate: 5-16-11





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 First Bancshares, Inc., and will be retained by The First Bancshares, Inc., and furnished to the Securities and Exchange Commission or its staff upon request.
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D19-2757

_____________________________

ARNOLD THOMAS,

Petitioner,

v.

VICKI T. THOMAS,

Respondent.

_____________________________

Petition for Writ of Mandamus—Original Jurisdiction.

August 22, 2019

PER CURIAM.

The amended petition for writ of mandamus is denied on the 

merits.

RAY, C.J., and BILBREY and WINOKUR, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Arnold Thomas, pro se, Petitioner.

No appearance for Respondent.
Petition for Writ of Mandamus Denied and Memorandum Opinion filed

July 14 , 2022.

In The



## Fourteenth Court of Appeals

NO. 14

- 22

- 00501

- CV

IN RE AB LAND COMPAN Y , Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 268th District Court Fort Bend County, Texas T r ial Court Cause N o. 16

- DCV

- 229539



### MEMORANDUM OPINION

On Tuesday, July 12, 2022 , relator AB Land Company filed a petition for
writ of m andamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks t h is Court to compel the Honorable R. O'Neil Williams, presiding judge of the 268th District Court of Fort Bend County , to set aside the t rial court ’ s Ju ly 23, 2020 order denying relator ’ s summary2

judgment and finding that relator does not have standing to d efend against the

counter

- claim of adverse possession

. Relator ha s not established that it is entitled to mandamus relief. Accordingly, we deny relator ’ s petition for wri t of mandamus.

PER CU R IAM

Panel c onsists of Justices Bourliot, Hassan, and Wilson.
#### Melvin Monroe, Respondent, v Consolidated Edison Company of New York, Inc., Defendant and Third-Party Plaintiff-Appellant. Cleveland Wrecking Company, Third-Party Defendant-Respondent.

[722 NYS2d 179]

—In an action to recover damages for personal injuries, the defendant third-party plaintiff Consolidated Edison Company of New York, Inc., appeals (1), as limited by its brief, from so much of an order of the Supreme Court, Kings County (Mason, J.), dated May 16, 2000, as, in effect, denied that branch of the third-party defendant’s motion which was for summary judgment dismissing the complaint, and (2) from an order of the same court, dated August 8, 2000, which denied its motion, *inter alia,*for summary judgment.

Ordered that the appeal from the order dated May 16, 2000, is dismissed; and it is further,

Ordered that the order dated August 8, 2000, is affirmed; and it is further,

*606Ordered that the plaintiff is awarded one bill of costs.

The appeal from the order dated May 16, 2000, must be dismissed, as the appellant is not aggrieved by that order insofar as appealed from since it neither moved for summary judgment dismissing the complaint nor joined in third-party defendant’s motion for summary judgment dismissing the complaint *(see,*CPLR 5511; *Papa v Regan,*256 AD2d 452).

The Supreme Court providently exercised its discretion in denying, as untimely, the appellant’s subsequent motion, *inter alia,*for summary judgment *(see,*CPLR 3212 [a]; *Haqq v Synergy Gas,*256 AD2d 442; *Olzaski v Locust Val. Cent. School Dist.,*256 AD2d 320; *Anzalone v Varis,*254 AD2d 381; *Rich v Ciano,*254 AD2d 268; *Shmulevich v Gabbidon,*253 AD2d 756; *Krug v Jones,*252 AD2d 572). S. Miller, J. P., Friedmann, H. Miller and Smith, JJ., concur.
#### STATE of Louisiana ex rel. William DOYLE v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, et al.

No. 53433.

Supreme Court of Louisiana.

May 17, 1973.

In re: William Doyle applying for writ of habeas corpus.

Writ denied. We find no abuse of discretion by the parole board under the allegations of the application.
# Continuation of the National Emergency With Respect to Transnational Criminal Organizations

On July 24, 2011, by Executive Order 13581, the President declared a national emergency with respect to transnational criminal organizations pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the activities of significant transnational criminal organizations.

The activities of significant transnational criminal organizations have reached such scope and gravity that they threaten the stability of international political and economic systems. Such organizations are increasingly sophisticated and dangerous to the United States; they are increasingly entrenched in the operations of foreign governments and the international financial system, thereby weakening democratic institutions, degrading the rule of law, and undermining economic markets. These organizations facilitate and aggravate violent civil conflicts and increasingly facilitate the activities of other dangerous persons.

                        The activities of significant transnational criminal organizations continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. For this reason, the national emergency declared in Executive Order 13581 of July 24, 2011, and the measures adopted on that date to deal with that emergency, must continue in effect beyond July 24, 2018. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to transnational criminal organizations declared in Executive Order 13581.                              ( print page 34932)    

                        This notice shall be published in the                         *Federal Register*                         and transmitted to the Congress.                    

[FR Doc. 2018-15904

Billing code 3295-F8-P
Document

Exhibit 10.5



AMENDMENT NO. 2
TO THE HOME DEPOT DEFERRED 
COMPENSATION PLAN FOR OFFICERS
(As Amended and Restated Effective January 1, 2008)
WHEREAS, The Home Depot, Inc. (the “Company”) amended and restated The Home Depot Deferred Compensation Plan For Officers effective January 1, 2008 to comply with the requirements of Section 409A of the Internal Revenue Code (the “Plan”); and
WHEREAS, Section 10.1 of the Plan provides that the Company reserves the right to amend or modify the Plan at any time by action taken by the Committee; and
WHEREAS, the Committee believes it is in the best interests of the Company to further amend the Plan to reflect amendments made to Section 162(m) of the Internal Revenue Code by the Tax Cuts and Jobs Act of 2017.
NOW, THEREFORE, BE IT:
RESOLVED, that the Plan is amended, effective December 31, 2020, as follows:
1.Section 6.12 is amended by replacing it in its entirety with the following:
6.12    [Reserved.]


									
	THE ADMINISTRATIVE COMMITTEE OF THE HOME DEPOT DEFERRED COMPENSATION PLAN FOR OFFICERS
			
	By:	/s/ Scott Smith	
		Name: Scott Smith	
		Title: Vice President, HR Performance Systems
			
	Date Signed: 	12/22/2020
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

The undersigned hereby certifies, in his capacity as an officer of Diedrich Coffee, Inc. (the
Company), for purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of his knowledge:



| |  |  | the Quarterly Report on Form 10-Q for the period ended December 10, 2008 (the Report) fully complies with the requirements of Section 13(a) or
Section 15(d) of the Securities Exchange Act of 1934, as amended; and
| | - |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| |  |  | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
| | - |  | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |  |  |                                                                                  |  |  |  | 
|----------------------- |  |  |  | -------------------------------------------------------------------------------- |  |  |  | 
|Dated: January 26, 2009 |  |  |  | /s/ Sean M. McCarthy Sean M. McCarthy Vice President and Chief Financial Officer

Note: A signed original of this written statement required by Section 906 has been provided to Diedrich
Coffee, Inc. and will be retained by Diedrich Coffee, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
262 La. 1069

#### William H. WRIGHT, Jr. v. MARK C. SMITH & SONS et al.

No. 52351.

Supreme Court of Louisiana.

Sept. 18, 1972.

In re: William H. Wright, Jr., Beauri-vage of Mandeville, Inc., and City National Bank applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of East Baton Rouge, 264 So. 2d 304.

It is ordered that the writ of review issue ; that the Court of Appeal send up the record in duplicate of the case; and that counsel for plaintiff and defendant be notified.
oan

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<TABLE> <S> <C>

<ARTICLE>                                           7
<MULTIPLIER>                                   1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-END>                                   SEP-28-1996
<DEBT-HELD-FOR-SALE>                           13,192
<DEBT-CARRYING-VALUE>                          0
<DEBT-MARKET-VALUE>                            0
<EQUITIES>                                     2,046
<MORTGAGE>                                     0
<REAL-ESTATE>                                  0
<TOTAL-INVEST>                                 15,925
<CASH>                                         591
<RECOVER-REINSURE>                             2,459
<DEFERRED-ACQUISITION>                         566
<TOTAL-ASSETS>                                 25,069
<POLICY-LOSSES>                                13,881
<UNEARNED-PREMIUMS>                            1,610
<POLICY-OTHER>                                 0
<POLICY-HOLDER-FUNDS>                          1,085
<NOTES-PAYABLE>                                556
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    150
<COMMON>                                       5
<OTHER-SE>                                     4,279
<TOTAL-LIABILITY-AND-EQUITY>                   25,069
<PREMIUMS>                                     3,363
<INVESTMENT-INCOME>                            620
<INVESTMENT-GAINS>                             163
<OTHER-INCOME>                                 27
<BENEFITS>                                     2,415
<UNDERWRITING-AMORTIZATION>                    819
<UNDERWRITING-OTHER>                           309
<INCOME-PRETAX>                                630
<INCOME-TAX>                                   147
<INCOME-CONTINUING>                            416
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   416
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
<RESERVE-OPEN>                                 0
<PROVISION-CURRENT>                            0
<PROVISION-PRIOR>                              0
<PAYMENTS-CURRENT>                             0
<PAYMENTS-PRIOR>                               0
<RESERVE-CLOSE>                                0
<CUMULATIVE-DEFICIENCY>                        0
        

</TABLE>