alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 01-15-00094-CR

 01-15-00095-CR

 

IN THE COURT OF APPEALS

FOR THE FIRST DISTRICT OF TEXAS

DIONYSIOS SPIRO KOSMETATOS

Appellant

v.

THE STATE OF TEXAS

Appellee

On Appeal from Cause Numbers 1414418 and 1449194

From the 338th District Court of Harris County, Texas 

MOTION TO STRIKE BRIEF FOR THE APPELLANT

To the Honorable Court of Appeals of Texas:

Comes now Appellant, in accordance with Rule 10.1 of the Texas Rules of 

Appellate Procedure, and files this motion to strike brief for the appellant in this 

cause, and, in support thereof, presents the following:

1. In the 338th District Court of Harris County, Texas, following a jury trial, 

Appellant was sentenced on January 15, 2015 in Cause Numbers 1414418

and 1449194 , The State of Texas v. Dionysios Spiro Kosmetatos.

ACCEPTED

01-15-00095-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

10/23/2015 1:17:41 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/23/2015 1:17:41 PM CHRISTOPHER A. PRINE Clerk
2

2. The Appellant’s brief was due October 22, 2015.

3. Counsel electronically filed Appellant’s brief on October 22, 2015 at exactly 

11:08:56 pm.

4. The facts relied upon to explain the need to strike the filed brief are:

a. On October 23, 2015, Appellate counsel printed the filed brief to 

mail to the Appellant and immediately realized a rough draft had 

been mistakenly filed. 

b. In a slight panic, counsel contacted the clerk’s office of this court and 

explained to Jesse Rodriguez that the correct draft needed to be filed 

and would be done as soon as possible.

Consequently, an Amended Brief for the Appellant has been filed along with 

this motion to ensure the Court receives the correct draft. The Appellant’s motion is 

not for purposes of delay, but so that justice may be done.

WHEREFORE, the Appellant prays that this Court will grant his Motion to 

Strike Appellant’s Brief and replace with the Amended Brief for the Appellant.

Respectfully submitted,

LAW OFFICE OF TONYA ROLLAND

/s/ Tonya Rolland McLaughlin____

Tonya Rolland McLaughlin

4301 Yoakum Boulevard

Houston Texas 77006

Phone: (713) 529-8500

Fax: (713) 453-2203

TBN 24054176
3

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument has been delivered via 

e-service to the following:

Curry_alan@dao.hctx.net

Chief Prosecutor, Appellate Division

Harris County District Attorney’s Office

1201 Franklin Suite 600

Houston, Texas 77002-1923

_/s/ Tonya Rolland McLaughlin__

Tonya Rolland McLaughlin

Attorney for Appellant
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT ALVIN LESLIE W ITHER SPOON, Plaintiff - Appe lla nt, v. B ER NARD WA R

NER ; e t a l ., De fe nda

nts - Appe lle e s. No. 13-36219 D.C . No. 2:12-c v-05163-JPH M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Ea ste rn Distric t of W a shington R obe rt H. W

ha le y , Distric t Judge , Pre siding Subm itte d Fe brua

ry 17, 2015 * * B e fore : O’ SC ANNLAIN, LEAVY, a n d FER N ANDEZ, C irc uit Judge s. Alvin Le s lie W ithe rspoon, a W a shington sta

te prisone r, a

ppe a ls pro sefrom the d istric t c o urt’ s sum

m ary judgm e nt in his 42 U.S.C . § 1983 a c tion a lle ging viola tions of his 8th Am

e ndm e nt rights in c onne c tion with his m e dic a l tre atm e nt. W e hav e jurisdic tion unde r 28 U.S.C . § 1291. W e re vie w de novo, Toguc hi v
. 

# FIL ED FEB 26 2015 M OLLY C. DW Y E R, CLERK U. S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).C

hung , 391 F.3d 1051, 1056 (9th C ir. 2004), a nd we a ffirm . The distric t c ourt prope rly grante d sum

m a ry judgm e nt for de fe nda

nts be c a use W i the rspoon fa ile d to ra ise a ge nuine disputeof m ate ria l fa c t a s to whe the r de fe n d ants we re de libe rate ly indiffe re nt in tre ating his kne e c ondition. Se eC olw e l l v . Bannister , 763 F.3d 1060, 1068 (9th C i r. 2014) (a diffe re nc e of opinion be twe e n a

prisone r and pa

tie nt is not suffic ie nt to e sta blish de libe rate indiffe re nc e ); J

ac k son v . Mc Intosh , 90 F.3d 330, 332 (9th C i r. 1996) (to e sta blish that a diffe re nc e of m e d ic a l opinion a m ounte d to de libe rate indiffe re nc e , a prisone r

“ m ust show tha

t the c ourse of tre atm e nt the doc tors c hose wa s m e dic a lly una c c e p ta ble unde r the c irc um s ta

nc e s” and “ that

the y c hose this c ourse in c onsc i ous disre ga

rd of a n e xc e ssive risk to [theprisone r’ s] he a lth” ). The distric t c ourt did not a buse its disc re tion in gra

nting de fe n da

nts’ m otion for a p rote c tive orde r. Se eLittle v . C ity of Se a ttle , 863 F.2d 681, 685 (9th C ir. 1988) (se tting forth the

sta nda rd of re vie w a

nd noting tha

t “ [t] he distric t c ourt ha s wide disc re tion in c ontrolling disc ove ry ” ) W e do not c onside r argum e nts ra ise d for the first tim e on a ppe a l. Se e Padge tt v . W

right , 587 F.3d 983, 985 n.2 (9th C ir. 2009) (pe r c uriam )
. AFFIRM E D.

1 3 - 3 6 2 1 9 2
#### Robinson, Appellant, *v.*City of South Euclid et al., Appellees.

(No. 30518

Decided May 29, 1946.)

*628
      *Messrs. Davies &*Eshner, for appellant.

*Mr. Roland A.*Baskin, city solicitor, for appellee city of South Euclid.

*629
      *Mr. Frank T. Cullitan,*prosecuting attorney, and *Miss Margaret R. Lawrence,*for appellees John A. Zangerle, auditor, John J. Boyle, treasurer, and Cuyahoga county.

By the Court.

Counsel for appellant contend that, under Section 11571, General Code, a bill of exceptions is not necessary in a case in which the entry of judgment shows that the case was tried on an agreed statement of facts which was filed with the papers in the case.

The journal entry of the Court of Appeals in the instant case recites that the cause was “heard on the pleadings, *evidence*and stipulation of fact.” (Emphasis supplied.) Section 11571, General Code, does not apply to a case which was heard on the *evidence*and an agreed statement or stipulation of facts.

There being no bill of exceptions in the instant case, the record is insufficient for review and the judgment of the Court of Appeals is therefore affirmed. *Townsend*v. *Harrison,*58 Ohio St., 398, 50 N. E., 985; *Tenesy*v. *City of Cleveland,*133 Ohio St., 251, 13 N. E. (2d), 122.

*Judgment affirmed.*

Weygandt, C. J., Zimmerman, Bell, Williams, Turner, Matthias and Hart, JJ., concur.
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





Pursuant to 18 U.S.C. § 1350, as adopted pursuant to Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned hereby certifies that the Quarterly Report on Form 10-Q for the period ended March 31, 2011 of  Mega World Food Holding Company. (the “Company”) fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 and that the information contained in such Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Mega World Food Holding CompanyDated: June 3, 2011
By:
/s/ Xiaozhong WuXiaozhong WuChief Executive Officer





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 Flurida Group, Inc. and will be retained by Flurida Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
#### AUTOMOBILE SALES, *INC.,*a Florida corporation, d/b/a Toyota Automobile Sales, Appellant, v. FEDERATED MUTUAL IMPLEMENT AND HARDWARE INSURANCE COMPANY, Appellee.

No. 71-741.

District Court of Appeal of Florida, Third District.

Jan. 11, 1972.

Melvin D. Schiller, Coral Gables, for appellant.

Wicker, Smith, Pyszka, Blomqvist & Davant, and Dan Draper, Jr., Miami, for appellee.

Before SWANN, C. J., and CHARLES CARROLL, J., and LESTER M. IGNATIUS, Associate Judge.

LESTER M. IGNATIUS, Associate Judge.

Appellant, an automobile dealer, seeks review of an adverse summary final judgment in an action whereby the appellant sought to recover damages under a contract of insurance, based upon an alleged fraud perpetrated by a third party in the purchase of an automobile. The appellee contended the act complained of did not constitute a fraudulent transaction so as to afford coverage.

Ordinarily, the issue of fraud is not a proper subject of a summary judgment. Fraud is a subtle thing, requiring a full explanation of the facts and circumstances of the alleged wrong to determine if they collectively constitute a fraud. Alepgo Corporation v. Pozin, Fla.App. 1959, 114 So. 2d 645; Bryant v. Small, Fla.App.1970, 236 So.2d 150. While there may be some unusual circumstances permitting entry of a summary judgment, the record in the case sub judice does not present that unique situation which would permit entry of a summary judgment. Therefore, we reverse.

Reversed and remanded for further proceedings consistent herewith.
<PAGE>

                                                                      EXHIBIT 99

K-TEL INTERNATIONAL, INC.
2605 Fernbrook Lane North
Minneapolis, MN 55447-4736
(763) 559-6800
CONTACT: Merrill Ayers, CFO

FOR IMMEDIATE RELEASE

              K-TEL INTERNATIONAL RECEIVES NASDAQ DELISTING NOTICE

MINNEAPOLIS, MN - SEPTEMBER 26, 2000 - K-tel International, Inc. today announced
that it had been notified by the Nasdaq Stock Market Inc. that its common stock
will be delisted from the Nasdaq National Market, effective with the open of
business on September 27. The delisting was as a result of K-tel's failure to
meet Nasdaq's continued listing requirements. K-tel's Common Stock will be
eligible for trading on the Over-the-Counter Bulletin Board (OTCBB). The OTCBB
is a controlled quotation service that offers real-time quotes, last sale prices
and volume information in over-the-counter equities.

K-tel had appealed this initial decision to a Qualification Hearing Board and is
not currently eligible for listing on the Nasdaq SmallCap Market. Delisting of
K-tel's Common Stock from Nasdaq could have a material adverse effect on the
market price of, and the efficiency of the trading market for, K-tel's Common
Stock.

K-tel International, Inc. is a vertically integrated developer, marketer, and
distributor of entertainment and consumer products worldwide. The Company
markets its product lines through the Internet (WWW.KTEL.COM), and to retailers,
wholesalers, distributors, or licensees throughout the world. K-tel features
music titles, custom CDs and consumer products. K-tel has active operations in
the United States and United Kingdom.

                                     # # # #

INFORMATION IN THIS NEWS RELEASE OF A NON-HISTORICAL NATURE RELATES TO FUTURE
EVENTS AND RESULTS OF THE COMPANY (INCLUDING CERTAIN PROJECTIONS AND BUSINESS
TRENDS) THAT ARE "FORWARD-LOOKING STATEMENTS" AS DEFINED IN THE PRIVATE
SECURITIES LITIGATION REFORM ACT OF 1995. THE USE OF TERMINOLOGY SUCH AS
"BELIEVE," "MAY," "EXPECT," "ANTICIPATE," " ESTIMATE," OTHER VARIATIONS THEREOF
OR COMPARABLE TERMINOLOGY MAY IDENTIFY SUCH FORWARD-LOOKING STATEMENTS. ACTUAL
RESULTS AND PERFORMANCE MAY DIFFER MATERIALLY FROM EXPRESSED FORWARD LOOKING
STATEMENTS BECAUSE OF CERTAIN RISKS AND UNCERTAINTIES, INCLUDING BUT NOT LIMITED
TO, CHANGES IN POLITICAL AND ECONOMIC CONDITIONS, DEMAND FOR AND MARKET
ACCEPTANCE OF NEW AND EXISTING PRODUCTS, THE IMPACT FROM COMPETITION FOR
INTERNET CONTENT, MERCHANDISE AND RECORDED MUSIC, DEPENDENCE ON STRATEGIC
ALLIANCE PARTNERS, SUPPLIERS AND DISTRIBUTORS, MARKET ACCEPTANCE OF THE INTERNET
FOR COMMERCE AND AS A MEDIUM FOR ADVERTISING, TECHNOLOGICAL CHANGES AND
DIFFICULTIES, AVAILABILITY OF FINANCING AND OTHER RISKS DISCUSSED IN THE
COMPANY'S 10-K REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 1999 FILED WITH THE
SECURITIES AND EXCHANGE COMMISSION. THE COMPANY UNDERTAKES NO OBLIGATION TO
PUBLICLY RELEASE THE RESULT OF ANY REVISIONS TO THESE FORWARD-LOOKING
STATEMENTS.



                                       5
**EXHIBIT 23.3**

 

**CONSENT OF BDO KAZAKHSTANAUDIT LLP.**

**INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

 

**To the Board of Directors**

**BMB Munai, Inc.**

**202 Dostyk Ave. 4th floor, Almaty**

**Kazakhstan 050051**

 

We hereby consent to the incorporation by reference in the First Amendment to the Registration Statement on Form S-3/A filed with the Securities and Exchange Commission on October 25, 2007 of our report dated June 26, 2006, relating to the consolidated financial statements of BMB Munai, Inc. for the years ended March 31, 2007, March 31, 2006 and March 31, 2005, which appears in this Amended Annual Report on Form 10-KSB/A-1 of BMB Munai, Inc. for the year ended March 31, 2007.

 

We also consent to the reference to us in the “Experts” section of the Prospectus.

 

 

**Managing partner,**

**General Director**

| **BDO Kazakhstanaudit LLP** | **S.Kh. Koshkimbayev** |
|-----------------------------|------------------------|

 

 

Almaty, Kazakhstan

January 4, 2008
IIA

103D CONGRESS

2D SESSION H. R. 3839

IN THE SENATE OF THE UNITED STATES

JUNE 7, 1994

Received; read twice and referred to the Committee on Governmental Affairs

AN ACT

To designate the United States Post Office building located

at 220 South 40th Avenue in Hattiesburg, Mississippi,

as the ‘‘Roy M. Wheat Post Office’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DESIGNATION.

4 The United States Post Office building located at 220

5 South 40th Avenue in Hattiesburg, Mississippi, shall be

6 known and designated as the ‘‘Roy M. Wheat Post

7 Office’’.

8 SEC. 2. REFERENCES.

9 Any reference in a law, map, regulation, document,

10 paper, or other record of the United States to the building
2

HR 3839 RFS

1 referred to in section 1 shall be deemed to be a reference

2 to the Roy M. Wheat Post Office.

Passed the House of Representatives May 23, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.
# C_2015305EN.01000401.xml

| 16.9.2015 | EN | Official Journal of the European Union | C 305/4 |
| --- | --- | --- | --- |

16.9.2015

EN

Official Journal of the European Union

C 305/4

---

Information communicated by Member States regarding closure of directed fisheries

(2015/C 305/05)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

1

| Date and time of closure | 10.7.2015 at 13.00 UTC |
| --- | --- |
| Duration | 10.7.2015 till 31.12.2015 |
| Member State | European Union (All Member States) |
| Stock or Group of stocks | RED/N3M – Directed fishery |
| Species | Redfish (Sebastes spp) |
| Zone | NAFO 3M |
| Type(s) of fishing vessels | — |
| Reference number | 19/TQ104 |

Date and time of closure

10.7.2015 at 13.00 UTC

Duration

10.7.2015 till 31.12.2015

Member State

European Union (All Member States)

Stock or Group of stocks

RED/N3M – Directed fishery

Species

Redfish (Sebastes spp)

Zone

NAFO 3M

Type(s) of fishing vessels

—

Reference number

19/TQ104

---

(1)  OJ L 343, 22.12.2009, p. 1.

1

---
Ames, Angelia (OST) 

From: 

Sent: 

Sauer, Edward W. <Edward.Sauer@squiresanders.com> 

Tuesday, June 05, 2012 2:25 PM 

To: 

Cc: 

Finamore, Robert (OST); Kruger, Brett (OST) 

Donley, Charles F. 

Subject: RE: Volaris exemption Application 

Bob/Brett--We've finished polling the service list and have "no objections" from everyone on it. May I ask you to please 

move this one forward as soon as you can? 

Thanks, 

ED 

Edward W. Sauer 

Senior Counsel 

edward.sauer@squiresanders.com 

T +1 202 626 6641 

0 + 1.202 626 6600 

F + 1 202 626 6780 

M + 1 301 928 7877 

Squire Sanders (US) LLP 

1200 19th Street, NW 

Suite 300 

Washington, DC 20036 

www.squiresanders.com 

-----Original Message-----

From: Sauer, Edward W. 

Sent: Tuesday, June OS, 2012 11:18 AM 

To: 'Robert.Finamore@dot.gov'; 'brett.kruger@dot.gov' 

Cc: Donley, Charles F. 

Subject: Volaris exemption Application 

Bob/Brett--As discussed with Brett, attached is an application we have filed and served this morning for exemption 

authority over the routes Morelia/Zacatecas-LAX, Monterrey-LAX and Guadalajara-LAS. Volaris had previous exemption 

authority in these markets, and due to an oversight, renewal deadlines were missed. 

We are polling the service list, and will let you know the results. In the meantime, please let us know if there are any 

questions. 

Thanks, 

ED 

Edward W. Sauer 

Senior Counsel 

1 
edward .sa uer@ squires a nders.com 

T + 1 202 626 6641 

0 +1202 626 6600 

F +1 202 626 6780 

M +1301928 7877 

Squire Sanders (US) LLP 

1200 19th Street, NW 

Suite 300 

Washington, DC 20036 

www.squiresanders.com 

37 Offices in 18 Countries 

This message is confidential and may be legally privileged or otherwise protected from disclosure. If you are not the 

intended recipient, please telephone or email the sender and delete this message and any attachment from your 

system; you must not copy or disclose the contents of this message or any attachment to any other person. 

Squire Sanders (US) LLP is part of the international legal practice Squire Sanders which operates worldwide through a 

number of separate legal entities. Please visit www.squiresanders.com for more information. 

#US 

2
TEST

July 3, 2012
<PAGE>

Sun Life Assurance Company of Canada (U.S.)
One Sun Life Executive Park
Wellesley Hills, Massachusetts 02481

     Re: Registration Statement on Form S-2

Gentlemen and Ladies:

     I have acted as counsel to Sun Life Assurance Company of Canada (U.S.)
(the "Company") in connection with the above-captioned registration
statement (the "Registration Statement") with respect to the registration of
certain annuity contracts (the "Contracts") with the Securities and Exchange
Commission under the Securities Act of 1933, as amended. In giving this
opinion, I have examined the Registration Statement and have examined such
other documents and perceived such questions of Delaware law as I considered
necessary and appropriate. Based on such examination and review it is my
opinion that:

     1.  The Company is a corporation duly organized and validly existing
under the laws of the state of Delaware.

     2.  The Contracts when issued in the manner described in the
Registration Statement will be validly issued and will represent binding
obligations of the Company and the Account under Delaware law.

     I hereby consent to the filing of this opinion as an exhibit to the
Registration Statement and to reference this opinion under the caption "Legal
Matters" in the prospectus constituting a part of the Registration Statement.

                                       Very truly yours,

                                       /s/ SANDRA M. DaDALT


                                       Sandra M. DaDalt, Esq.



September 21, 2000
EX-10.11



 Exhibit 10.11 

AMENDMENT TO THE 
 2009
EQUITY INCENTIVE PLAN 
 OF SUPERTEX, INC. 

This amendment amends the 2009 Equity Incentive Plan (the “Plan”) of Supertex, Inc., a California corporation (the
“Company”), as amended to date. Unless otherwise specifically defined herein, each capitalized term used herein shall have the meaning afforded such term under the Plan. 

W I T N E S S E T H: 

WHEREAS, pursuant to Section 19(b) of the Plan, the Board of Directors of the Company (the “Board of
Directors”) may amend the Plan; and 
 WHEREAS, pursuant to resolutions duly adopted by the Board of Directors effective as
of February 7, 2014, the Board of Directors determined it to be in the best interests of the Company to confirm, approve and adopt an amendment to the Plan that provides for full acceleration upon a “Change of Control” of the non-statutory
stock options automatically granted to each “Outside Director” upon the first business day following his or her initial election or appointment to the Board and thereafter upon the first business day following the conclusion of each
regular annual meeting of the Company’s shareholders (with the terms in quotation marks as defined in the Plan) . 
 NOW,
THEREFORE, BE IT RESOLVED that the Plan is hereby amended as follows: 
  

	 	1.	The last sentence of Section 4(b)(iii) shall be amended and replaced in its entirety with the following: 


“Notwithstanding the foregoing, each such Option shall become vested in full if a Change in Control occurs with respect to
the Company during the Optionee’s Service.” 
  

	 	2.	To record the adoption of this Amendment to the Plan by the Board of Directors as of the date set forth in the recitals above, the Company has caused its authorized officer to execute the same. 


 

	
	 SUPERTEX, INC.,
  

a California corporation

	
	/s/ Henry C. Pao
	Henry C. Pao, Chief Executive Officer
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3418 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3418

To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
   coastwise trade of the United States for the vessel SEA MISTRESS.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 1993

  Ms. Byrne introduced the following bill; which was referred to the 
               Committee on Merchant Marine and Fisheries

_______________________________________________________________________

                                 A BILL

 
To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
   coastwise trade of the United States for the vessel SEA MISTRESS.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That notwithstanding 
section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), the 
Act of June 19, 1886 (46 App. U.S.C. 289), and section 12106 of title 
46, United States Code, the Secretary of Transportation may issue a 
certificate of documentation with appropriate endorsement for 
employment in the coastwise trade of the United States for the vessel 
SEA MISTRESS (United States official number 696806).

                                 <all>
```
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 11

- 00335

- CV

In the Matter of C.H., A Minor Child §

§

§

§ From the 323rd District Court

o f Tarrant County ( 323

- 94259J

- 11 )

September 12 , 2013

Opinion by Justice Dauphinot



### JUDGMENT

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

there was no error in the trial court’s judgment. It is ordered that the judgment of

the trial court i s affirmed.

SECOND DISTRICT COURT OF APPEALS

By

_________________________________ Justice Lee Ann Dauphinot