alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NUMBER 13-21-00217-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

 

IN RE KINGMAN HOLDINGS, LLC, AS TRUSTEE

 

On Petition for Writ of Mandamus.

 

ORDER

Before Chief Justice Contreras and Justices Benavides and Silva

Order Per Curiam

On July 16, 2021, relator Kingman Holdings, LLC as Trustee for Keeton Avenue 

1412 #11 Land Trust filed a petition for writ of mandamus in the above-referenced cause. 

Through this original proceeding, relator seeks to compel the trial court to grant relator’s 

motion for summary judgment against Debani Sarahi Galvan and Armando Flores 

pursuant to Texas Rule of Civil Procedure 166a(i). See TEX. R. CIV. P. 166a(i) (“After 

adequate time for discovery, a party without presenting summary judgment evidence may 

move for summary judgment on the ground that there is no evidence of one or more 
2

essential elements of a claim or defense on which an adverse party would have the 

burden of proof at trial.”). 

The Court requests that the real parties in interest, Galvan and Flores, or any 

others whose interest would be directly affected by the relief sought, including but not 

limited to Las Jollas Condominium Association, Inc., Esponjas Development, LTD, and 

Eduardo Cantu, file a response to the petition for writ of mandamus on or before the 

expiration of ten days from the date of this order. See TEX. R. APP. P. 52.2, 52.4, 52.8.

PER CURIAM

Delivered and filed on the

19th day of July, 2021.
Blueprint






 









Exhibit 10.20



AMENDMENT
TO SUBLICENSE AGREEMENT


This
Amendment (“Amendment”) to the
Sublicense Agreement dated as of August 2, 2007 (the
“Agreement”) by and among
Endra, Inc., a Delaware corporation (“Endra”), and Optosonics,
Inc. (“Optosonics”) is entered
into on this 18th day of January, 2011 (the “Amendment Effective
Date”). For purposes hereof, all capitalized terms
used herein but not defined herein shall have the meanings given to
them in the Agreement.


Pursuant to Section
15.4 of the Agreement, Endra and Optosonics hereby agree as
follows:


1. Section
3 .6.3(iii) of the Agreement is hereby deleted and replaced in its
entirety as follows:


“(iii)                       The
diligence requirement will likewise be satisfied if Endra makes a
commercial sale of any Product to any third party no later than
forty-five (45) months from the Effective Date (the
“Commercialization
Date”); provided however that Endra may, in its sole
discretion, extend the Commercialization Date on a month-by-month
basis for up to 9 months beyond the forty-five (45) month
anniversary of the Effective Date by paying to Optosonics $5,000
for each month that the Commercialization Date is so
extended.”


2. The
Agreement is hereby confirmed and continues in all respects expect
as set forth in Section 1 above. This Amendment shall not
constitute or imply a waiver of any rights or obligations under the
Agreement or an admission as to any facts related to the
Agreement.


3. Any
determination that any provision of this Amendment or any
application thereof is invalid, illegal, or unenforceable in any
respect in any instance shall not affect the validity, legality, or
enforceability of such provision in any other instance, or the
validity, legality, or enforceability of any other provision of
this Amendment.


4. No
modification, amendment or waiver of any provision of this
Amendment shall be effective unless executed in writing by Endra
and Optosonics.


5. All
rights and obligations hereunder, including matters of
construction, validity, and performance, shall be governed by and
construed in accordance with the internal laws of the Commonwealth
of Massachusetts and are intended to take effect as sealed
instruments.


6. This
Amendment may be executed simultaneously in two or more
counterparts, each of which shall be deemed an
original.


[Remainder
of Page Intentionally Blank.]


 




1








 






 


IN
WITNESS WHEREOF, the parties have caused this Amendment to be
executed by their duly authorized representatives as of the
Amendment Effective Date.


 


ENDRA,
INC.


 


 


By:               /s/
Michael
Thornton                                                            


Name:         
Michael Thornton


Title:           
Chief Operating Officer, ENDRA INC.


 


 


OPTOSONICS,
INC.


 


 


By:               /s/
Robert
Kruger                                                            


Name:         
Robert Kruger


Title:           
President, OPTOSONICS, INC.


 


 


 


2
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<CIK> 0001057507
<NAME> RESORTQUEST INTERNATIONAL
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<EXCHANGE-RATE>                                  1,000
<CASH>                                          41,023
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<OTHER-SE>                                     133,040
<TOTAL-LIABILITY-AND-EQUITY>                   268,255
<SALES>                                              0
<TOTAL-REVENUES>                                40,840
<CGS>                                           21,259
<TOTAL-COSTS>                                   21,259
<OTHER-EXPENSES>                                11,088
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,275
<INCOME-PRETAX>                                  5,149
<INCOME-TAX>                                     2,317
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<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,832
<EPS-BASIC>                                       0.15
<EPS-DILUTED>                                     0.15


</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS FOUND ON
PAGES 3 AND 4 OF THE PARTNERSHIP'S FORM 10Q FOR THE YEAR-TO-DATE, AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                         0000899281
<NAME>                        SITHE/INDEPENDENCE FUNDING CORP.

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                           2,982
<SECURITIES>                                         0
<RECEIVABLES>                                   42,152
<ALLOWANCES>                                         0
<INVENTORY>                                      2,596
<CURRENT-ASSETS>                               115,170
<PP&E>                                         782,439
<DEPRECIATION>                               (106,603)
<TOTAL-ASSETS>                                 805,369
<CURRENT-LIABILITIES>                           54,026
<BONDS>                                        606,422
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     140,955
<TOTAL-LIABILITY-AND-EQUITY>                   805,369
<SALES>                                        193,186
<TOTAL-REVENUES>                               193,186
<CGS>                                          133,556
<TOTAL-COSTS>                                  133,556
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              29,194
<INCOME-PRETAX>                                 32,780
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             32,780
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    32,780
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
**Exhibit 99.1**

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350 AS ADOPTED****PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the AnnualReport of U.S. Xpress Enterprises, Inc. (the “Company”) on Form 10-K for the year ending December 31, 2002 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned hereby certifies,pursuant to 18 U.S.C. § 1350 (as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002) that he is the President (the Chief Executive Officer) of the Company and that: (1) the Report fully complies with the requirements of Section13(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/ PATRICK E. QUINN                                                                     |   |   |        |
|                                                                                          |   |   |   |
| **Patrick E. Quinn****Co-Chairman of the Board of Directors,****Presidentand Treasurer** |   |   |   |
|                                                                                     |   |   |   |
| Date: March 31, 2003                                                                     |   |   |   |
#### The STATE of Florida, Appellant, v. Harold A. GREENE, Appellee.

No. 70-734.

District Court of Appeal of Florida, Third District.

Sept. 25, 1972.

Richard E. Gerstein, State’s Atty., and Milton Robbins, Asst. State’s Atty., for appellant.

Pearson & Josefsberg, Miami, Holland & Knight and John Germany, Tampa, for ap-pellee.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.

ORDER ON MANDATE

PER CURIAM.

Whereas, the judgment of this court was entered on April 20, 1971 (247 So.2d 102) reversing the order of the Criminal Court of Record for Dade County, Florida, in the above styled cause; and

Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment dated May 24, 1972 (263 So.2d 194) now lodged in this court, Quashed this court’s judgment with directions to reinstate the order and judgment of the criminal court dismissing all charges against the petitioner;

Now, therefore, It is Ordered that the mandate of this court heretofore issued in this cause on May 13, 1971 is withdrawn, the judgment of this court filed April 20, 1971 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the order of the criminal court dismissing all charges against the petitioner is reinstated and affirmed. Costs allowed shall be taxed in the criminal court (Rule 3.16, subd. b, Florida Appellate Rules).
#### Thomas SMOLINSKI, Sr., Individually and as Administrator of the Estate of his minor son, Thomas Smolinski, Jr. v. Saverio TAULLI.

No. 54308.

Supreme Court of Louisiana.

Feb. 1, 1974.

In re: Saverio Taulli applying for cer-tiorari or writ of review to the Court of Appeal, Fourth Circuit, Parish of Jefferson. 285 So.2d 577.

Writ denied. On the facts in the record and as found by the Court of Appeal there is no error of law in the judgment.
#### Neil RODIN, Petitioner, v. Sidney LERMAN, Respondent.

No. 40127.

Supreme Court of Florida.

Oct. 5, 1970.

Certiorari denied. 237 So.2d 278.

ROBERTS, DREW, ADKINS and BOYD, JT., concur.

ERVIN, C. J., dissents.
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<ARTICLE>  5
                                  <C>
<PERIOD-TYPE>                     12-MOS
<FISCAL-YEAR-END>                 DEC-31-1997
<PERIOD-END>                      DEC-31-1997
<CASH>                            2065193
<SECURITIES>                      0
<RECEIVABLES>                     2208
<ALLOWANCES>                      0
<INVENTORY>                       0
<CURRENT-ASSETS>                  2067401
<PP&E>                            478360
<DEPRECIATION>                    216499
<TOTAL-ASSETS>                    2338702
<CURRENT-LIABILITIES>             45468
<BONDS>                           0
<PREFERRED-MANDATORY>             0
<PREFERRED>                       0
<COMMON>                          537500
<OTHER-SE>                        1755734
<TOTAL-LIABILITY-AND-EQUITY>      2338702
<SALES>                           0
<TOTAL-REVENUES>                  126838
<CGS>                             0
<TOTAL-COSTS>                     0
<OTHER-EXPENSES>                  78656
<LOSS-PROVISION>                  0
<INTEREST-EXPENSE>                0
<INCOME-PRETAX>                   48182
<INCOME-TAX>                      20500
<INCOME-CONTINUING>               27682
<DISCONTINUED>                    0
<EXTRAORDINARY>                   0
<CHANGES>                         0
<NET-INCOME>                      27682
<EPS-PRIMARY>                     .00
<EPS-DILUTED>                     .00


</TABLE>
#### The State of Missouri, to use of Horace Crain, Plaintiff in Error, *vs.*Henry Clay Lynn, *et al.,*Defendant in Error.

I. *Justice’s Courts*— Attachment—Affidavit, *amendment after levy.*

In an attachment suit before a justice, that officer would have power to allow the affidavit for attachment to be so amended after the original levy, as to authorize the seizure of property otherwise exempt from attachment, and the amendment would relate back to the date of the original levy.

*Error to Mississippi Circuit Court.*

*J. M. Patterson & L. Houck,*for Plaintiff in Error.

Adams, Judge,

delivered the opinion of the court.

The only material point raised and discussed here, is whether a justice of the peace during the pendency of an attachment suit before final judgment, can allow the plaintiff in the attachment to file an amended affidavit, and whether such affidavit so amended would relate back so as to justify the officer in making the levy *%*

*115The amended affidavit contained grounds for the attachment which authorized the officer to levy on property otherwise exempt from attachment.

This suit is upon the constable’s bond for making a levy on property exempt from execution, and not informing the defendant of his right to select such property, &c. The original affidavit would not have justified the levy.

The proceedings before the justice seem to be regular- in all respects.

There was no exception in that suit to the filing of the amended affidavit, nor was there any plea in abatement of the attachment, although the defendant in the attachment was personally served, or appeared by attorney. How can the objection be urged in this collateral action, that the justice improperly allowed au amended affidavit to be filed *%*I am persuaded that the justice had the power to allow the amendment, and if he had, it certainly would relate back so as to justify the attachment.

Under this view the judgment will be affirmed.

The other judges concur.
EXHIBIT 32.3

                             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  Hydron  Technologies,  Inc.  (the
"Registrant")  on Form 10-K for the period ended December 31, 2004 as filed with
the Securities and Exchange Commission on March 29, 2005, hereof (the "Report"),
the undersigned officers certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:

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

The  information  contained  in the  Report  fairly  presents,  in all  material
respects, the financial condition and results of operations of the Registrant.

                            HYDRON TECHNOLOGIES, INC.
                              /s/: William A. Lauby
                              ---------------------
                                William A. Lauby
                             Chief Financial Officer
                                 March 29, 2005


                                       68
#### Clifton ELDER, a Minor, et al., Appellants, v. YOUTH COURT, DIVISION OF CHANCERY COURT OF HUMPHREYS COUNTY, Appellee.

No. 46555.

Supreme Court of Mississippi.

Feb. 21, 1972.

James T. Bridges, Belzoni, for appellants.

A. F. Summer, Atty. Gen., by Timmie Hancock, Sp. Asst. Atty. Gen., Jackson, for appellee.

PER CURIAM.

Affirmed.
#### Frank DeTROY, Appellant, v. Ruth M. DeTROY, Appellee.

No. 72-740.

District Court of Appeal of Florida, Fourth District.

June 6, 1973.

Arthur B. Parkhurst, and H. Mark Pur-dy, Parkhurst & LaHurd, Fort Lauderdale, for appellant.

Donald B. Medalie, Fort Lauderdale, for appellee.

PER CURIAM.

Upon a review of the record on appeal and after consideration of the briefs and oral argument of the parties, we are of the opinion that the final judgment should be modified by deleting from the judgment the following:

> “3.

> *“ . .*. The Husband’s share of the proceeds of the sale will be based upon his equity in the house as of the date of this Final Judgment because hereinafter . the Husband is not to receive the benefit of the reduction of the equity made by the Wife. Therefore, when the residence above-referred to is sold, the parties shall divide the net proceeds received from the sale after the expenses thereof as follows:

> “a. The Wife shall first receive a sum of money equal to the reduction of the present mortgage indebtedness existing as of the date of this Order to the date of sale, which present mortgage indebtedness is set forth above in this Order in the findings of fact.”

In all other respects, the final judgment is affirmed.

Affirmed, as modified.

REED, C. J., and WALDEN 'and CROSS, JJ., concur.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED CONDENSED STATEMENT OF OPERATIONS FOR THE TWELVE MONTHS ENDED
JUNE 30, 2000 THE CONSOLIDATED CONDENSED BALANCE SHEET AS OF JUNE 30, 2000 AND
THE CONSOLIDATED CONDENSED STATEMENT OF CASH FLOWS FOR THE TWELVE MONTHS ENDED
JUNE 30, 2000.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               JUN-30-2000
<CASH>                                          15,774
<SECURITIES>                                         0
<RECEIVABLES>                                   22,798
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<INTEREST-EXPENSE>                               (714)
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<INCOME-CONTINUING>                              2,067
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,067
<EPS-BASIC>                                       0.20
<EPS-DILUTED>                                     0.19


</TABLE>
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#### CLAYTON et al. v. SOREL.

No. 39387.

Supreme Court of Florida.

March 1970.

Appeal dismissed without opinion. 231 So.2d 56.