alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### SIMMERSON AND ASSOCIATES, INC., Appellant, v. TANNER-THOMPSON CORPORATION, Appellee.

No. 319.

District Court of Appeal of Florida. Fourth District.

Feb. 10, 1967.

Bernard C. Muszynski, Orlando, for appellant.

William K. Chester, Coral Gables, for appellee.

PER CURIAM.

The defendant, Simmerson Associates, Inc., appeals a final judgment for sums due under an oral contract to the plaintiff, Tanner-Thompson Corporation.

The court has carefully considered the record on appeal, the briefs and oral argument of the counsel for the parties. From such consideration we find no reversible error.

Affirmed.

WALDEN, C. J., ANDREWS, J., and ELMORE, FRANK H., Associate Judge, concur.
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
This Schedule contains summary financial information extracted from the
financial statements contained in the body of the accompanying Form 10-Q 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-31-1998
<PERIOD-END>                                   Sep-30-1998
<CASH>                                            21,334
<SECURITIES>                                           0
<RECEIVABLES>                                     93,758
<ALLOWANCES>                                       2,106
<INVENTORY>                                       63,874
<CURRENT-ASSETS>                                 196,372
<PP&E>                                           282,191
<DEPRECIATION>                                   110,030
<TOTAL-ASSETS>                                   639,677
<CURRENT-LIABILITIES>                            123,939
<BONDS>                                          514,664
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                               0
<OTHER-SE>                                       (33,580)
<TOTAL-LIABILITY-AND-EQUITY>                     639,677
<SALES>                                          493,917
<TOTAL-REVENUES>                                 493,917
<CGS>                                            356,986
<TOTAL-COSTS>                                    356,986
<OTHER-EXPENSES>                                  29,764
<LOSS-PROVISION>                                     195
<INTEREST-EXPENSE>                                40,992
<INCOME-PRETAX>                                   20,312
<INCOME-TAX>                                       8,405
<INCOME-CONTINUING>                               11,907
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                      11,907
<EPS-PRIMARY>                                          0
<EPS-DILUTED>                                          0

        


</TABLE>
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

COURTNEY DESMOND ZIELER

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 19

- 3594

[ May 14, 2020 ]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit,

Martin County ; Lawrence Michael Mirman , Judge; L.T. Case No.

432014CF000380A

.

Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant

Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Kimberly T. Acuña,

Assista nt Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed.

M AY

, D AMOORGIAN and C ONNER

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
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 of Eye Care centers of America, Inc. (the Company) on Form 10-K for the period ended December 30, 2006 as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, David E. McComas, Chief Executive 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 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.



|               |  |                        
|-------------- |  | -----------------------
|March 26, 2007 |  | /s/ David E. McComas   
|               |  | David E. McComas       
|               |  | Chief Executive Officer

A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906 HAS BEEN PROVIDED TO EYE CARE CENTERS OF
AMERICA, INC. AND WILL BE RETAINED BY EYE CARE CENTERS OF AMERICA, INC. AND FURNISHED TO THE SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
#### Donald E. LEFTON and Marcy Lefton, his wife, Appellants, v. Fred J. LIGHTE and Mona T. Lighte, his wife, Appellees.

No. 70-720.

District Court of Appeal of Florida, Third District.

March 26, 1971.

PER CURIAM.

Appeal dismissed.
Exhibit
32





CERTIFICATION
PURSUANT TO


18
U. S. C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





This certification is intended to
accompany the Annual Report on Form 10-K of Berkshire Bancorp Inc. (the
"Company") for the period ended December 31, 2009, as filed with the Securities
and Exchange Commission (the "Report"), and is given solely for the purpose of
satisfying the requirements of 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002.  The undersigned, in my
capacity as set forth below, hereby certifies 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/ Steven RosenbergSteven
      Rosenberg,Chief
      Executive Officer, Presidentand
      Chief Financial OfficerJune
      9, 2010
Table 4.  Estimates of the Total Housing Inventory for the
                United States:  Third Quarter 1997 and 1996

(Estimates are in thousands and may not add to total, due to rounding)


                                    Third     Third    Standard
                                   quarter   quarter   error on  Standard     1997
Type                                 1997      1996      1997    error on   Percent
                                   estimate  estimate  estimate difference  of total

All housing units.................  115,804   114,534       237        336       100

  Occupied........................  102,433   101,120       246        348        88
    Owner occupied................   67,556    66,288       241        341        58
    Renter occupied...............   34,877    34,832       197        279        30

  Vacant..........................   13,371    13,414       131        186        12
    Year-round vacant.............   10,013    10,197       115        163         9
      For rent....................    3,018     3,080        64         91         3
      For sale only...............    1,062     1,119        38         55         1
      Rented or sold,
      awaiting occupancy..........      941       954        36         51         1
      Held off market.............    4,992     5,044        82        116         4
        For occasional use........    1,795     1,812        50         70         2
        Temporarily occupied
        by persons with
        usual residence elsewhere.      880       796        35         48         1
        For other reasons.........    2,317     2,436        56         81         2

    Seasonal vacant...............    3,358     3,217        68         95         3
COURT OF APPEALS

SECOND DISTRICT OF TEXAS 

FORT WORTH 

NO. 02-16-00381-CV 

In the Estate of Larry Ronald Neal, 

Deceased 

§ 

§ 

§ 

§

From County Court at Law No. 2 

of Wise County (PR-3670) 

January 4, 2018 

Opinion by Chief Justice Sudderth

JUDGMENT ON REHEARING 

We withdraw our November 9, 2017 opinion and judgment and substitute 

the following. 

This court has again considered the record on appeal in this case and 

holds that there was error in part of the trial court’s judgment. It is ordered that 

the judgment of the trial court is reversed in part. We reverse that portion of the 

trial court’s judgment that awarded Larry Neal’s real property to Valorie Jean 

(Neal) White and render judgment that Larry’s real property passed through 

intestacy to his heirs. 

 It is further ordered that appellee Gary Neal shall pay all of the costs of this 

proceeding, for which let execution issue. 

SECOND DISTRICT COURT OF APPEALS 

By /s/ Bonnie Sudderth 

 Chief Justice Bonnie Sudderth
No. 11294.

#### Hensley *v.*Fischer, Administratrix, et al.

Decided November 23, 1909.

Error to Circuit Court of Lawrence county.

*Mr. Julius L. Anderson; Mr. L. K. Cooper*and *Messrs. Andrews & Irish,*for plaintiff in error.

*Mr. A. R. Johnson*and *Messrs. Hager & Stewart,*for defendants in error.

Judgment affirmed.

Summers, Spear, Davis, Shauck and Price, JJ., concur.
Table 2.  Rental and Homeowner Vacancy Rates, by Area:  First Quarter 2003 and 2004







                                    Rental vacancy rates





                           First        First      Standard     Standard

Area                      quarter      quarter     error on     error on

                           2003         2004       2004 rate   difference





United States..........         9.4         10.4          0.2          0.3



  Inside MAs...........         9.3         10.3          0.2          0.3

    In central cities..         9.4         10.8          0.3          0.4

    Not in central cities

    (suburbs)..........         9.2          9.7          0.3          0.4

  Outside MAs..........        10.1         11.0          0.5          0.7



 Northeast.............         6.0          7.9          0.4          0.5

 Midwest...............        10.2         12.3          0.4          0.6

 South.................        12.4         12.7          0.3          0.5

 West..................         7.3          7.6          0.3          0.4







                                    Homeowner vacancy rates





                           First        First      Standard     Standard

Area                      quarter      quarter     error on     error on

                           2003         2004       2004 rate   difference



United States..........         1.7          1.7          0.1          0.1



  Inside MAs...........         1.6          1.6          0.1          0.1

    In central cities..         1.8          2.1          0.1          0.2

    Not in central cities

    (suburbs)..........         1.5          1.4          0.1          0.1

  Outside MAs..........         1.9          1.9          0.1          0.2



 Northeast.............         1.1          0.9          0.1          0.1

 Midwest...............         1.7          2.1          0.1          0.1

 South.................         2.0          2.0          0.1          0.1

 West..................         1.6          1.3          0.1          0.1

       rRevised
890 A.2d 750

#### ATTORNEY GRIEVANCE COMMISSION of Maryland, Petitioner v. James Eaton MALARO, Respondent.

No. 73,

Sept. Term, 2005.

Court of Appeals of Maryland.

Jan. 18, 2006.

*ORDER*

This matter came before the Court on the Joint Petition for Placement on Inactive Status. Upon consideration of said petition, it is this 18th day of January, 2006,

ORDERED, that the Respondent, James Eaton Malaro, be and he is hereby placed on inactive status until further Order of this Court and, it is further

ORDERED, that the Clerk of this Court shall remove the name of James Eaton Malaro from the register of attorneys in this Court until further Order of this Court and shall certify that fact to the Trustees of the Client Protection Fund and the Clerks of all judicial tribunals in this State in accordance with Maryland Rule 16-772(d).
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-7717

ROBERT EARL WASHINGTON,

Petitioner - Appellant,

versus

RONALD ANGELONE,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District

Judge. (CA-00-1482)

Submitted: April 12, 2001 Decided: April 17, 2001

Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert Earl Washington, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Robert Earl Washington seeks to appeal the district court’s

order denying relief on his petition filed under 28 U.S.C.A. § 2254

(West 1994 & Supp. 2000). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly,

we deny a certificate of appealability and dismiss the appeal on

the reasoning of the district court. See Washington v. Angelone,

No. CA-00-1482 (E.D. Va. filed Oct. 23, 2000; entered Oct. 26,

2000). We deny Washington’s motion to supplement the record because the proposed documents are already contained in the record.

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court

and argument would not aid the decisional process.

DISMISSED
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF MIDWEST EXPRESS HOLDINGS, INC. AS OF AND
FOR THE NINE MONTHS ENDED SEPTEMBER 30, 1996 AND IS QUALIFIED IN ITS 
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<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>                                          33,901
<SECURITIES>                                         0
<RECEIVABLES>                                    4,344
<ALLOWANCES>                                       312
<INVENTORY>                                      3,282
<CURRENT-ASSETS>                                67,262
<PP&E>                                         114,170
<DEPRECIATION>                                  57,491
<TOTAL-ASSETS>                                 129,765
<CURRENT-LIABILITIES>                           67,072
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            64
<OTHER-SE>                                      36,194
<TOTAL-LIABILITY-AND-EQUITY>                   129,765
<SALES>                                              0
<TOTAL-REVENUES>                               226,576
<CGS>                                                0
<TOTAL-COSTS>                                  198,234
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                    16
<INTEREST-EXPENSE>                                  34
<INCOME-PRETAX>                                 28,937
<INCOME-TAX>                                    11,154
<INCOME-CONTINUING>                             17,783
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    17,783
<EPS-PRIMARY>                                     1.85
<EPS-DILUTED>                                     1.85
        

</TABLE>
EXHIBIT 31.2
 CERTIFICATION PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
(18 U.S.C. SECTION 1350)
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Smith Micro Software, Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with
respect to the period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial
condition, results of operations and cash flows of the registrant as of, and for, the
periods presented in this report;4.
    
    The registrants other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in Exchange
Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as
defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and
have:
     5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent functions):
   Date: November 4, 2010
    /s/ Andrew C. SchmidtAndrew C. SchmidtVice President and Chief Financial Officer
(Principal Financial Officer)
N OTE : This disposition is nonprecedential. 

# United States **Court of Appeals**  **for the Federal Circuit**

______________________ NETLIST, INC., Plaintiff

- Appellant

v.

DIABLO TECHNOLOGIES, INC., Defendant

- Appellee

______________________

2016

- 1011

______________________ Appeal from the United States District Court for the Northern District of California in No. 4:13

- cv

- 05962

- YGR, Judge Yvonne Gonzalez Rogers.

______________________

JUDGMENT

______________________

S TANLEY J OSEPH P ANIKOWSKI , III , DLA Piper LLP (US), San Diego, CA, argued for plaintiff

- appellant. Also represented by S EAN C. C UNNINGHAM

.

F ABIO E. M ARINO , McDermott, Will & Emery LLP, Menlo Park, CA, argued for defendant

- appellee. Also represented by N ITIN G AMBHIR ; N ATALIE A. B ENNETT , Washington, DC.

______________________T HIS C AUSE having been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (M OORE , L INN , and O’M ALLEY , Circuit Judges ).

AFFIRMED

. See Fed. Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

July 11, 2016 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court
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
 
 
 I, Edward B. Meyercord, III, Chief Executive Officer and President of Talk America Holdings, Inc., have reviewed Talk America Holdings, Inc.'s Quarterly Report on Form 10-Q for the quarterly period ended June 30 , 2004 and, based on the inquiries I have made or caused to be made in the fulfillment of my responsibilities as the Chief Executive Officer of Talk America Holdings, Inc., I hereby certify that:
 
 (i) the Talk America Holdings, Inc. Quarterly Report on Form 10-Q for the quarterly period ended June 30 , 2004 fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and (ii) the information contained in such Report fairly presents, in all material respects, the financial condition and results of operation of Talk America Holdings, Inc.
 
 This certificate is being made for the exclusive purpose of compliance by the Chief Executive Officer of Talk America Holdings, Inc. with the requirements of Section 906 of the Sarbanes-Oxley Act of 2002, and may not be used for any other purposes. A signed original of this written statement required by Section 906 has been provided to Talk America Holdings, Inc.
 
 /s/ Edward B. Meyercord, III
 Edward B. Meyercord, III
 Chief Executive Officer and President
 August 3, 2004
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Table 4.  Estimates of the Total Housing Inventory for the

          United States:  Second Quarter 2006 and 2007



(Estimates are in thousands and may not add to total, due to rounding)





                                    Second    Second   90-Percent

                                   quarter   quarter   Confidence Interval (&plusmn;)a  2007

Type                                 2006      2007    of 2007       of       Percent

                                   estimate  estimate  estimate  difference of total



All housing units.................  125,800   127,728       (X)        (X)       100



  Occupied........................  109,450   110,341       308        279        86

    Owner occupied................   75,227    75,283       629        429        59

    Renter occupied...............   34,223    35,058       542        417        27



  Vacant..........................   16,350    17,387       366        322        14

    Year-round vacant.............   12,376    13,057       358        306        10

      For rent....................    3,676     3,731       171        191         3

      For sale only...............    1,729     2,037       108        131         2

      Rented or sold,

      awaiting occupancy..........    1,186     1,199        76        106         1

      Held off market.............    5,785     6,090       252        217         5

        For occasional use........    1,850     2,023       148        126         2

        Temporarily occupied

        by persons with

        usual residence elsewhere.    1,204     1,109       110         98         1

        For other reasons.........    2,731     2,958       178        152         2



    Seasonal vacant...............    3,974     4,330       239        205         3

	

    aA 90-percent confidence interval is a measure of an estimate's reliability.  The larger the confidence interval is, 

in relation to the size of the estimate, the less reliable the estimate.

    (X)  Not Applicable.  Since the number of housing units is set equal to an independent national measure, there is no sampling error, and hence no confidence interval.

NOTE:  Since first quarter 2003, the Current Population Survey/Housing Vacancy Survey (CPS/HVS) estimates have been controlled to independent housing unit counts.  Doing so should make the CPS/HVS estimate of housing units more  comparable to other Census Bureau housing surveys.