alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NUMBER 13-08-00600-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

ERIC McNARY, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 94th District Court of Nueces County, Texas.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Benavides

Memorandum Opinion Per Curiam

Appellant, Eric McNary, attempts to appeal his conviction for aggravated robbery.

The trial court has certified that this “is a plea-bargain case, and the defendant has NO

right of appeal.” See TEX. R. APP. P. 25.2(a)(2).

On October 23, 2008, this Court notified appellant’s counsel of the trial court’s

certification and ordered counsel to: (1) review the record; (2) determine whether appellant
2

has a right to appeal; and (3) forward to this Court, by letter, counsel’s findings as to

whether appellant has a right to appeal, or, alternatively, advise this Court as to the

existence of any amended certification.

On October 28, 2008, counsel filed a letter brief with this Court. Counsel’s response

does not establish that the certification currently on file with this Court is incorrect or that

appellant otherwise has a right to appeal. 

The Texas Rules of Appellate Procedure provide that an appeal must be dismissed

if the trial court’s certification does not show that the defendant has the right of appeal.

TEX. R. APP. P. 25.2(d); see TEX. R. APP. P. 37.1, 44.3, 44.4. Accordingly, this appeal is

DISMISSED. Any pending motions are denied as moot.

PER CURIAM

Do not publish. See TEX. R. APP. P. 47.2(b).

Memorandum Opinion delivered and

filed this the 15th day of January, 2009.
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

OSCAR R. SASSE, JR.,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 113 WAL 2020

Petition for Allowance of Appeal

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 1st day of September, 2020

, the Petition for Allowance of Appeal

is DENIED

.
IN THE SUPREME COURT OF PENNSYLVANIA

IN RE: : NO. 747 ORDER RESCINDING RULES 101, 102, CIVIL PROCEDURAL RULES DOCKET 103, 104, 106, 107, 108, 127, 128, 129, 130, 131, 132, 133, 152, AND 153, AND AMENDING RULES 126, 237.1, 1007.1, 1020, 1601, AND 2225 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE ORDER
PERCURIAM AND NOW, this3rd dayofNovember, 2023, upon the recommendation ofthe Civil Procedural Rules Committee, the proposal having been published for public comment at 51 Pa.B. 5532 (September4, 2021): It is Ordered pursuant to Article V, Section 10 ofthe Constitution of Pennsylvania that Rules 101, 102, 103, 104, 106, 107, 108, 127, 128, 129, 130, 131, 132, 133, 152, and 153 of the Pennsylvania Rules of Civil Procedure are rescinded, and Rules 126, 237.1, 1007.1, 1020, 1601, and 2225 ofthe Pennsylvania Rules ofCivil Procedure are amended, in the attached form. This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective on January 1, 2024.

Additionstothe rule areshown in bold and are underlined. Deletionsfrom the rule areshown in bold and brackets.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Dawn Ursin, Individually and on behalf of JaCardo Hawkins, 

Deceased v. Brandsafway LLC

Appellate case number: 01-22-00651-CV

Trial court case number: 2020-21353

Trial court: 295th District Court of Harris County

Appellant is appealing from the trial court’s August 9, 2022 order granting appellee’s 

traditional and no-evidence motions for summary judgment. On September 12, 2022, the court 

reporter advised this Court that there was a reporter’s record, but that appellant had not requested 

preparation and filing of the reporter’s record. On October 12, 2022, this Court sent a notice to 

appellant concerning the failure to request or make financial arrangements for the filing of the 

reporter’s record. See TEX. R. APP. P. 37.3(a). 

Because the reporter’s record has not yet been filed, appellant’s brief is not yet due. But 

on December 15, 2022, appellant tendered a brief which was received only. The brief received on 

December 15, 2022 is not in compliance with the briefing requirements set out in the Texas Rules 

of Appellate Procedure because it lacks citations to the record, or inadequate citations to the record,

in the statement of facts and argument sections of the brief. There are some citations to 

depositions, but these citations do not cite to the pages in the record where these depositions may 

be found. See TEX. R. APP. P. 38.1(g), (i). We strike the brief and order appellant to correct the 

above-described deficiencies. 

If appellant intends to file a brief without the benefit of a reporter’s record, appellant shall 

advise the Court that no reporter’s record will be requested and must raise in the brief only those 

issues that do not require the reporter’s record for decision. 

The reporter’s record, if appellant intends to file one, shall be filed within 30 days of the 

date of this order. If a reporter’s record is filed, appellant’s amended brief is due 30 days after 

the reporter’s record is filed. See TEX. R. APP. P. 38.6(a). If appellant does not intend to file a 

reporter’s record, appellant shall file its amended brief, noting that no reporter’s record will be 

filed within 30 days of the date of this order. 

It is so ORDERED.
Judge’s signature: ____/s/ Richard Hightower_________

 Acting individually  Acting for the Court

Date: ___January 3, 2023_____
<PAGE>
 
                                                                    EXHIBIT 23.1



INDEPENDENT AUDITORS' CONSENT


We consent to the incorporation by reference in Registration Statements No. 333-
09181, 33-80029, 333-13057, 333-13045, 333-13055, 33-37935, 33-37934, 33-87652,
and 33-31050 of ValliCorp Holdings, Inc. on Forms S-8 and in Registration
Statement No. 33-80013 of ValliCorp Holdings, Inc. on Form S-3 of our report
dated January 24, 1997, appearing in this Annual Report on Form 10-K of
ValliCorp Holdings, Inc. for the year ended December 31, 1996.


Deloitte & Touche LLP

Fresno, California
March 25, 1997

                                      98
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 18-11115

Summary Calendar

KESHA TERRY,

Plaintiff-Appellant

v.

SUPERVISOR AND DETENTION WORKERS,

Defendants-Appellees

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:17-CV-4

Before DENNIS, HAYNES, and DUNCAN, Circuit Judges.

PER CURIAM:*

Kesha Terry moves for leave to proceed in forma pauperis (IFP) on 

appeal. She has also filed a motion to amend her complaint. By moving this 

court for leave to proceed IFP, Terry is challenging the district court’s 

determination that her appeal is not taken in good faith. Baugh v. Taylor, 

117 F.3d 197, 202 (5th Cir. 1997).

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 26, 2019

Lyle W. Cayce

Clerk

 Case: 18-11115 Document: 00515090917 Page: 1 Date Filed: 08/26/2019
No. 18-11115

2

“This [c]ourt must examine the basis of its jurisdiction, on its own 

motion, if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). 

“[T]he timely filing of a notice of appeal in a civil case is a jurisdictional 

requirement.” Bowles v. Russell, 551 U.S. 205, 214 (2007). Because Terry did 

not file a timely notice of appeal from the district court’s denial of her postjudgment motion styled as a motion to reopen and for clarification, this court 

lacks jurisdiction over the instant appeal. See id.; FED. R. APP. P. 4(a)(1)(A).

Accordingly, the appeal is DISMISSED for lack of jurisdiction. Terry’s 

IFP motion is DENIED as MOOT. Her motion to amend her complaint is 

DENIED.

 Case: 18-11115 Document: 00515090917 Page: 2 Date Filed: 08/26/2019
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#### In the Matter of the Arbitration between Walter R. Kessler, Petitioner, and National Casualty Company, Respondent.

Supreme Court, Special Term, New York County,

November 21, 1958.

*Wilder <& Gottlieb*for petitioner.

*Bowling S Bowling*for respondent.

Irving H. Saypol, J.

Motion to vacate an award of arbitrators as in excess1 of their powers and beyond the submission (Civ. Prac. Act, § 1462, subd. 4) is granted *(Matter of General Fuse Co. [Sightmaster Corp.],*7 Misc 2d 997, 998-999, citing *Matter of Western Union Tel. Co. [American Communications Assn.],*299 N. Y. 177).

In accordance with their contract which affords arbitration solely *“*In the event of disagreement between the Company and the Insured * * * with regard to any benefit claimed to be due under this policy” the parties went to arbitration on the petitioner’s demand arising from refusal of benefits for claimed disability in September-October, 1957. The result was an award which denied the claim according to the policies, a direction to the petitioner to surrender them with substitution by the carrier of new policies with lesser benefits and an award of benefits on the assumption that the newly issued policies were those in effect at the time. The arbitrators had no power under *103the agreement or the submission to rescind or reform the contract of 'the parties. Furthermore, if it he said contrariwise, that the arbitrators under the submission had the power to rescind the contract, striking it down would carry with it the provision for arbitration and the underlying basis for that procedure.

Settle, order.
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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEARS ENDED DECEMBER 31, 1998 AND
1997, FILED AS PART OF FORM 10-KSB ANNUAL REPORT FOR THE YEAR ENDED DECEMBER 31,
1998, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FORM 10-KSB ANNUAL
REPORT FOR THE YEAR ENDED DECEMBER 31, 1998.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          17,389
<SECURITIES>                                         0
<RECEIVABLES>                                  289,268
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               340,047
<PP&E>                                         829,437
<DEPRECIATION>                                 630,735
<TOTAL-ASSETS>                                 594,091
<CURRENT-LIABILITIES>                        1,831,047
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     7,041,890
<OTHER-SE>                                 (8,345,542)
<TOTAL-LIABILITY-AND-EQUITY>                   594,091
<SALES>                                              0
<TOTAL-REVENUES>                             1,454,150
<CGS>                                                0
<TOTAL-COSTS>                                4,741,330
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             374,317
<INCOME-PRETAX>                            (3,741,074)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (3,741,074)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                282,999
<CHANGES>                                            0
<NET-INCOME>                               (3,458,075)
<EPS-PRIMARY>                                  (0.086)
<EPS-DILUTED>                                  (0.086)
        


</TABLE>
Exhibit 31.1
 Written Certification of Chief Executive Officer
      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.
    
    Designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;c.
    
    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; andd.
    
    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 that has
materially affected, or is reasonable likely to materially affect, the registrants
internal control over financial reporting; and
  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;
andb.
    
    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.
  /s/ STERLING E. PHILLIPS, JR.

Sterling E. Phillips, Jr.Chief Executive Officer
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED FINANCIAL STATEMENTS OF MAPICS, INC. FOR THE YEAR ENDED
SEPTEMBER 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-START>                             OCT-01-1998
<PERIOD-END>                               SEP-30-1999
<CASH>                                          21,351
<SECURITIES>                                         0
<RECEIVABLES>                                   32,585
<ALLOWANCES>                                     1,781
<INVENTORY>                                          0
<CURRENT-ASSETS>                                63,467
<PP&E>                                          11,974
<DEPRECIATION>                                   5,955
<TOTAL-ASSETS>                                  95,394
<CURRENT-LIABILITIES>                           57,135
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        175
<COMMON>                                           204
<OTHER-SE>                                      37,880
<TOTAL-LIABILITY-AND-EQUITY>                    95,394
<SALES>                                         71,195
<TOTAL-REVENUES>                               134,718
<CGS>                                           13,689
<TOTAL-COSTS>                                   32,701
<OTHER-EXPENSES>                                18,083
<LOSS-PROVISION>                                 1,387
<INTEREST-EXPENSE>                                  86
<INCOME-PRETAX>                                 21,461
<INCOME-TAX>                                     8,262
<INCOME-CONTINUING>                             13,199
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    13,199
<EPS-BASIC>                                       0.70
<EPS-DILUTED>                                     0.62


</TABLE>