alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Edward C. GENTER, Appellant, v. Janet L. GENTER, Appellee.

No. 72-318.

District Court of Appeal o-f Florida, Third District.

Dec. 15, 1972.

*389Steve G. Morrow, Jr., Miami, for appellant.

William John Mason, Miami, for appellee.

Before BARKDULL, C. J., and HEN-DRY and HAVERFIELD, JJ.

HAVERFIELD, Judge.

This is an appeal by the defendant husband, Edward C. Genter, from a final judgment of dissolution of marriage which found that the plaintiff wife, Janet L. Genter, was a joint owner with the husband in the marital home. Prior to the marriage the parties herein borrowed $3,200 from plaintiff wife’s grandmother to be used as a downpayment on the marital home which was purchased in the husband’s name. It was the wife’s understanding that although title was placed in the name of the husband, she would have an interest in the home. Throughout the three years of the marriage, plaintiff wife often worked in her husband’s business without pay and the parties made improvements on the marital home, which presently has a fair market value of $22,000. Following a hearing in the Circuit Court in and for Dade County, the judge found that the wife had a special equity in the marital home and this appeal followed.

 The court below properly imposed a constructive trust in the marital home. It is a general rule that a constructive trust arises where an abuse of confidence renders the acquisition and/or retention of property or proceeds by one party unconscionable by the other party. See Firestone v. Firestone, Fla.1972, 263 So.2d 223; Wilkins v. Wilkins, 144 Fla. 590, 198 So. 335 (1940); Quinn v. Phipps, 93 Fla. 805, 113 So. 419 (1927). In the case sub judice the wife was responsible for obtaining the money with which the marital home was purchased, and it was her intention that the home was to be held in both her name and her husband’s name. The husband, however, took title in his individual name. We see no reason to differ with the trial judge who found that the husband took the legal title as a trustee for the benefit of his wife and himself. Firestone v. Firestone, supra; Picchi v. Picchi, Fla.1958, 100 So.2d 627; Hegel v. Hegel, Fla.App.1971, 248 So.3d 212; King v. King, Fla.App.1959, 113 So.2d 242. In view of the above no error was committed in rewarding special equity to the wife. Engebretsen v. Engebretsen, Fla.1942, 151 Fla. 372, 11 So.2d 322; Lee v. Lee, Fla.App. 1972, 262 So.2d 6; Wollman v. Wollman, Fla.App.1970, 235 So.2d 315. In the instant case plaintiff wife met her burden of proof and the deci.sion of the trial judge must be affirmed.

Affirmed.
[Federal Register Volume 83, Number 152 (Tuesday, August 7, 2018)]
[Notices]
[Page 38692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16896]


=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION


Deletion of Item From Sunshine Act Meeting

August 1, 2018.
    The following item has been deleted from the list of items 
scheduled for consideration at the Thursday, August 2, 2018, Open 
Meeting and previously listed in the Commission's Notice of July 26, 
2018.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
7......................  OFFICE OF MANAGING       Title: Office of
                          DIRECTOR.                Managing Director
                                                   Personnel Action #75.
                                                  Summary: The
                                                   Commission will
                                                   consider a personnel
                                                   action.
------------------------------------------------------------------------


Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2018-16896 Filed 8-3-18; 11:15 am]
 BILLING CODE 6712-01-P
[Federal Register Volume 83, Number 151 (Monday, August 6, 2018)]
[Notices]
[Pages 38457-38458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16759]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS


Disciplinary Appeals Board Panel

AGENCY: Department of Veterans Affairs

ACTION: Notice with request for comments.

-----------------------------------------------------------------------

SUMMARY: Section 203 of the Department of Veterans Affairs Health Care 
Personnel Act of 1991 (Pub. L. 102-40), dated May 7, 1991, revised the 
disciplinary grievance and appeal procedures for employees. It also 
required the periodic designation of employees of the Department who 
are qualified to serve on Disciplinary Appeals Boards. These employees 
constitute the Disciplinary Appeals Board Panel from which Board 
members in a case are appointed. This notice announces that the roster 
of employees on the Panel is available for review and comment. 
Employees, employee organizations, and other interested parties shall 
be provided, without charge, a list of the names of employees on the 
Panel upon request and may submit comments concerning the suitability 
for service on the Panel of any employee whose name is on the list.

DATES: Names that appear on the Panel may be selected to serve on a 
Board or as a grievance examiner after September 5, 2018.

ADDRESSES: Requests for the list of names of employees on the Panel and 
written comments may be directed to: Secretary of Veterans Affairs, 
Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 
20420. Requests and comments may also be faxed to (202) 495-5200.

FOR FURTHER INFORMATION CONTACT:  Jennifer Hayek, Employee Relations & 
Performance Management Service, Office of Human Resources Management, 
Department of Veterans Affairs, 810 Vermont Avenue NW, Mailstop 051, 
Washington, DC 20420. Ms. Hayek may be reached at (440) 525-5493.

SUPPLEMENTARY INFORMATION: Public Law 102-40 requires that the

[[Page 38458]]

availability of the roster be posted in the Federal Register 
periodically and not less than annually.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Jacquelyn 
Hayes-Byrd, Acting Chief of Staff, Department of Veterans Affairs, 
approved this document on July 30, 2018, for publication.

    Dated: August 1, 2018.
Luvenia Potts,
Program Specialist, Office of Regulation Policy & Management, Office of 
the Secretary, Department of Veterans Affairs.
[FR Doc. 2018-16759 Filed 8-3-18; 8:45 am]
 BILLING CODE 8320-01-P
Table 2.  Rental and Homeowner Vacancy Rates, by Area:  Second Quarter 1998



                                    Rental vacancy rates


                          Second       Second      Standard     Standard
Area                      quarter      quarter     error on     error on
                           1998         1997       1998 rate   difference


United States..........         8.0          7.9          0.2          0.3

  Inside MAs...........         7.8          7.8          0.2          0.3
    In central cities..         8.3          8.2          0.3          0.4
    Not in central cities
    (suburbs)..........         7.3          7.3          0.3          0.4
  Outside MAs..........         9.1          8.7          0.5          0.7

 Northeast.............         7.2          6.7          0.4          0.6
 Midwest...............         7.3          8.2          0.4          0.6
 South.................        10.0          9.3          0.3          0.5
 West..................         6.6          6.8          0.3          0.5



                                    Homeowner vacancy rates


                          Second       Second      Standard     Standard
Area                      quarter      quarter     error on     error on
                           1998         1997       1998 rate   difference


United States..........         1.7          1.6          0.1          0.1

  Inside MAs...........         1.6          1.6          0.1          0.1
    In central cities..         1.9          1.9          0.1          0.2
    Not in central cities
    (suburbs)..........         1.5          1.5          0.1          0.1
  Outside MAs..........         2.0          1.7          0.1          0.2

 Northeast.............         1.7          1.6          0.1          0.2
 Midwest...............         1.4          1.1          0.1          0.1
 South.................         1.9          1.9          0.1          0.1
 West..................         1.5          1.9          0.1          0.2
##### 



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 of World Airways, Inc.
(the Company) for the quarter ended September 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I,
Gilberto M. Duarte, Jr., Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
Sarbanes-Oxley Act of 2002 (the Act), 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 result of operations
of the Company. The foregoing certification is being furnished solely pursuant to Section 906
of the Act and is not being filed as part of the Report or as a separate
disclosure document. /s/ Gilberto M. DuarteGilberto M. Duarte, Jr.Chief Financial Officer November 12, 2004
<PAGE>
 
                                                                    EXHIBIT 11.1
                STATEMENT OF COMPUTATION OF NET LOSS PER SHARE

<TABLE>
<CAPTION>
                                                                            THREE MONTHS ENDED                     SIX MONTHS ENDED
                                                                                  JUNE 30,                              JUNE 30,
                                                                            ------------------                     ----------------
                                                                           1997           1996          1997              1996
                                                                         --------       --------     --------           --------
<S>                                                                    <C>           <C>           <C>            <C>
Net loss............................................................. $ (5,648,000) $ (4,204,000)  $(10,625,000)      $ (7,915,000)
                                                                      ============  ============   ============       ============
Weighted average shares of Common Stock outstanding                     13,203,097     1,016,955     12,384,281          1,016,955
Shares related to staff accounting bulletin topic 4D:
  Stock options and warrants                                                    --       270,351             --            270,351
  Common Stock.......................................................           --        84,368             --             84,368
  Convertible Preferred Stock (Series C).............................           --     3,235,579             --          3,235,579
                                                                       -----------   -----------   ------------        -----------
 
 
Shares used in computing net loss per share..........................   13,203,097     4,607,253     12,384,281          4,607,253
Net loss per share................................................... $      (0.43) $      (0.91) $       (0.86)      $      (1.72)
Calculation of shares outstanding for computing pro forma net loss
 per share:
  Shares used in computing net loss per share........................                  4,607,253                         4,607,253
  Adjusted to reflect the effect of the assumed conversion of                          4,598,080                         4,598,080
   Preferred Stock from the date of issuance/1/                                      -----------                       -----------
Shares used in computing pro forma net loss per share................                  9,205,333                         9,205,333
Pro forma net loss per share.........................................                     ($0.45)                      $     (0.86)
==================================================================================================================================
</TABLE>


---------------------------------
/1/Series A and B shares
Exhibit 4.1



THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


240 Greenwich
Street, 22W Floor, New York, NY 10286


 


 


 


October 14, 2022


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


SmartTrust 586 (the “Fund”)


 


Dear Sirs:


The Bank of New York Mellon
is acting as trustee for the Fund, consisting of the unit investment trust (the “Trust”) included in the Registration
Statement relating to the Fund. We enclosed a list of the securities to be deposited in the Trust on the date hereof. The prices indicated
therein reflect our evaluation of such securities as of close of business on October 13, 2022, in accordance with the valuation method
set forth in the applicable Standard Terms and Conditions of Trust and Trust Agreement. We consent to the reference to The Bank of New
York Mellon as the party performing the evaluations of the Trust securities in the Registration Statement (No. 333-266192) filed with
the Securities and Exchange Commission with respect to the registration of the sale of the Units of the Trust and to the filing of this
consent as an exhibit thereto.


 


Very truly yours,


 


/s/  Margarita
Kalantarova


Margarita Kalantarova


Vice President
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##### 



Exhibit 31(a) CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO RULE 13a-14(a) AND 15d-14(a) OF THE
SECURITIES EXCHANGE ACT OF 1934, AS AMENDED I, Peter J. Kight, certify that:  1.
    
    I have reviewed this Quarterly Report on Form 10-Q of CheckFree
Corporation;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 Rule 13a-15(e) and 15d-15(e)) for the
registrant and have:  (a)
    
    Designed such disclosure controls and procedures, or caused
such disclosure controls and procedures to be designed under our
supervision, to ensure that material information relating to the
registrant, including its consolidated subsidiaries, is made known
to us by others within those entities, particularly during the
period in which this report is being prepared;(b)
    
    Evaluated the effectiveness of the registrants disclosure
controls and procedures and presented in this report our conclusions
about the effectiveness of the disclosure controls and procedures,
as of the end of the period covered by this report based on such
evaluation; and(c)
    
    Disclosed in this report any change in the registrants
internal control over financial reporting that occurred during the
registrants most recent fiscal quarter (the registrants fourth
fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and  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 equivalent
functions):  (a)
    
    All significant deficiencies and material weaknesses in the
design or operation of internal control over financial reporting
which are reasonably likely to adversely affect the registrants
ability to record, process, summarize and report financial
information; and(b)
    
    Any fraud, whether or not material, that involves management
or other employees who have a significant role in the registrants
internal control over financial reporting. Date: November 9, 2004 /s/ Peter J. KightPeter J. KightChairman and Chief Executive OfficerCheckFree Corporation
Exhibit 99.1


                    CERTIFICATION PURSUANT TO
                         18 U.S.C. 1350,
                     AS ADOPTED PURSUANT TO
          SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection with the Quarterly Report of AEI Real Estate  Fund
85-A  Limited Partnership (the "Partnership") on Form 10-KSB  for
the period ended December 31, 2002, as filed with the Securities
and  Exchange  Commission on the date hereof (the  "Report"),  I,
Robert P. Johnson, President of Net Lease Management 85-A, Inc..,
the   Managing  General  Partner  of  the  Partnership,  certify,
pursuant  to  18 U.S.C. 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 Partnership.


                           /s/ Robert P Johnson
                               Robert P. Johnson, President
                               Net Lease Management 85-A, Inc.
                               Managing General Partner
                               March 31, 2003
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#### Joseph R. WILLIAMS, Appellant, v. STATE of Florida, Appellee.

No. 70-809.

District Court of Appeal of Florida, Fourth District.

July 23, 1971.

PER CURIAM.

Affirmed.