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#### AME, INCORPORATED, Appellee, v. CONSOLIDATED FREIGHTWAYS, Appellant.

No. 70923.

Court of Appeals of Oklahoma, Division No. 4.

Sept. 5, 1989.

Rehearing Denied Oct. 23, 1989.

*500Jeffrey A. Fleischhauer, Ross & Associates, Broken Arrow, for appellee.

Martin E. Wyatt, Tulsa, for appellant.

REIF, Judge.

Interstate carrier, Consolidated Freightways, appeals the award of attorney fees to the shipper, AME, Incorporated, following a non-jury trial and judgment in favor of AME. Carrier points out that this action was pursuant to 49 U.S.C. § 11707 (1982), governing a carrier’s liability for goods damaged during an interstate shipment, and stresses that this federal statute is silent concerning recovery of attorney fees. Carrier contends that section 11707 preempts state law on *all*issues of a carrier’s liability and argues the trial court erred in applying 12 O.S.1981 § 940, authorizing reasonable attorney fees in “any civil action to recover damages for negligent or willful injury to property.”

The trial court followed the majority rule set forth in *Troute v. Aero Mayflower Transit Co.,*78 Or.App. 564, 718 P.2d 745 (1986), that section 11707 does not preempt or preclude an award of attorney fees under appropriate state statutes. We agree that *Troute*correctly analyzes and resolves this issue and hold that attorney fees are properly awarded pursuant to 12 O.S.1981 § 940, in suits under 49 U.S.C. § 11707 (1982), for goods damaged in the course of an interstate shipment.

Given the stipulation that the services and charges of AME’s counsel were “reasonable,” we also find no error in the amount of the award, $6,881.25, simply because it exceeds the amount of the judgment, $5,123.02.

AFFIRMED.

BRIGHTMIRE, Y.C.J., and STUBBLEFIELD, J„ concur.
<PAGE> 107
  
                                                               Exhibit  23  
  
INDEPENDENT AUDITORS  CONSENT  

We consent to the incorporation by reference in the Registration Statements of
American Gaming & Entertainment, Ltd. on Form S-8 (Registration Nos. 33-57194,
33-80714 and 33-87790) of our report dated March 21, 1997 (which report does
not express an opinion on the 1996 or 1995 financial statements), appearing in
this Annual Report on Form 10-KSB of American Gaming & Entertainment, Ltd. for
the year ended December 31, 1996.

  
/s/ Deloitte & Touche LLP
  
Philadelphia, Pennsylvania
March 26, 1997  

                                   107
EXHIBIT 23.2

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements on
Form S-8 (333-75201 and 333-61864), of our report dated February 23, 2001,
except as to the information included in the second and third paragraphs under
the caption "Foreign Currency Translations and Comprehensive Income" in Note 1,
as to which the date is March 29, 2002, with respect to the December 31, 2000,
consolidated financial statements and schedule of Cost-U-Less, Inc. included in
its Annual Report (Form 10-K) for the fiscal year ended December 29, 2002, filed
with the Securities and Exchange Commission.

                                                ERNST & YOUNG LLP

Seattle, Washington
April 10, 2003
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

 OFFICE OF

PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

MEMORANDUM

Date/Time: March 25, 2014 / 3:00 p.m. – 4:00 p.m.

Subject: Pesticide Reevaluation Division (PRD) Meets with Oxon Italia S.p.A. to 

Discuss Status of Atrazine Registration Review.

From: Marianne A. Mannix, Chemical Review Manager

Re-evaluation Management and Implementation Branch III

Pesticide Re-evaluation Division (7508P)

Participants: Neil Anderson (EPA), Avivah Jakob (EPA), Marianne Mannix (EPA), 

Nicola Gelmett (Oxon Italia S.p.A.), Liz Rea (Sipcam Agro USA), 

Giovanni Mattaini (Sipcam Agro USA) 

Meeting Summary:

At the request of the registrant, on March 24, 2015 members of the atrazine registration 

review team (from PRD) met with Oxon Italia S.p.A., one of the four atrazine technical 

registrants, to discuss the status of atrazine registration review and the ongoing atrazine 

water monitoring programs. The team provided a general overview of the ongoing water 

monitoring programs, a status update for the registration review of atrazine and informed 

the registrant that the registration review Preliminary Risk Assessments are expected to 

publish in June of 2015. Atrazine is an herbicide registered for use on corn, sorghum, and 

sugarcane. The registration review case for atrazine opened in June of 2013 (Registration 

Review Docket ID: EPA-HQ-OPP-2013-0266).
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#### Ceil Eckhaus, Plaintiff, *v.*Isidore Eckhaus, Defendant.

Supreme Court, Special Term, New York County,

December *2,*1958.

*Edward I. Koch*for plaintiff.

*Abrams*eg *Cowan (Maurice Abrams*of counsel), for defendant.

Frederick Backer, J.

Plaintiff moves to appoint a receiver of the chose in action and claim of the defendant arising out of a personal injury action he has instituted and is now pending; and why such receiver should not take possession of any settlement sums to be paid in said litigation to defendant when and as same be paid and apply same to the payment of the amount due plaintiff as alimony herein. On April 22, 1955 she obtained *687a separation decree against defendant. He is in arrears of the payment of alimony thereunder. Plaintiff seeks relief by way of the instant application.

The motion papers simply request the appointment of a receiver. Since not made specifically for relief by way of sequestration under section 1171 of the Civil Practice Act, the motion can be construed only under section 974 of the Civil Practice Act.- The word ‘ ‘ property ’ ’ as used in this statute contemplates specific property which is the subject of the action *(Central Union Trust Co.*v. *Northern Ins. Co.,*217 App. Div. 482). Where the action is at law for damages only (as here for personal injuries) and does not involve a claim for any specific property, the court has no authority to appoint a receiver *(O'Mahoney*v. *Belmont,*62 N. Y. 133; *Royce*v. *Ziegfeld,*222 App. Div. 694; *Brody*v. *Mills,*278 App. Div. 771; Tripp, Guide to Motion Practice [Rev. ed.], p. 352). There is no principle which sanctions the appointment of a receiver in a case such as the defendant has pending for it is not a legal claim for any specific money, property or fund which belonged to him but is an ordinary action to recover money damages in negligence *(Central Union Trust Co.*v. *Northern Ins. Co.,*217 App. Div. 482, 486, *supra).*

The case of *Ferguson*v. *Ferguson*(247 App. Div. 24) relied upon by plaintiff is inapplicable here for income of trust funds payable to a husband has been held to be his personal property and may, like other property, be sequestered for the benefit of his wife and is applicable not only to accrued income from a trust but in a proper case an anticipatory order may be entered sequestering future income. In the instant case defendant had no such interest in trust funds or any specific property. However broadly section 1171 of the Civil Practice Act may be interpreted, it is at least limited to property which, beyond any reasonable question belongs to the husband *(Rosenberg*v. *Rosenberg,*259 N. Y. 338, 342).

The motion is, therefore, denied.
#### Terry PEPER, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

No. 89-99.

Supreme Court of Wyoming.

July 11, 1989.

Terry Peper, pro se.

Joseph B. Meyer, Atty. Gen., John W. Renneisen, Deputy Atty. Gen., for appellee.

Before CARDINE, C.J., and THOMAS, URBIGKIT, MACY and GOLDEN, JJ.

PER CURIAM.

In this case we review an order of the district court denying appellant’s motion for reduction of sentence. We affirm.

Appellant, Terry Peper, was convicted of escape from official detention. He appealed that conviction and the judgment and sentence of the district court was affirmed on January 26, 1989. *Peper v. State,*768 P.2d 26 (Wyo.1989). On March 28, 1989, Peper filed a letter in the district court requesting a reduction in sentence in the form of a credit for time served in the county jail. The district court denied the request and Peper appeals that denial. In this court, Peper requested and was granted leave to proceed in forma pauperis. He also asked that an attorney be appointed to represent him. We deny that motion.

Peper’s motion for reduction of sentence is, necessarily, brought to the courts pursuant to W.R.Cr.P. 36. Although Peper did not file a brief in this court1, it is readily apparent from the record on appeal that the only issue that could be raised in this appeal is the district court’s denial of his Rule 36 motion. Our precedents are well established that such a motion is addressed to the sound discretion of the trial court and the court’s decision is accorded considerable deference here. *Peterson v. State,*706 P.2d 276, 278 (Wyo.1985); also see *Mower v. State,*750 P.2d 679, 680 (Wyo.1988). As was the case in *Peterson,*there is nothing in this record to suggest the district court could not reasonably conclude as it did or that there was an error of law committed under the circumstances.

Therefore, the order of the district court denying Peper’s motion for reduction of sentence is affirmed.

1

. Appellant’s brief was due in this court not later than June 5, 1989.
Abatement Order filed November 3, 2015

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 15

- 00901

- CR

____________ JESUS GONZALEZ , Appellant

V.
THE STATE OF TEXAS , Appellee

On Appeal from the 184th District Court

Harris County, Texas Trial Court Cause No. 1351489



### ABATEMENT ORDER

A ppellant appealed from a conviction for the offense of aggravated sexual
assault . On October 30, 2015 , the trial court clerk filed the clerk ’ s record, which contains a certification of appellant’s right to appeal his original guilty plea, but
does not contain a certification of appellant ’ s right to appeal on the adjudication

. See Tex. R. App. P. 25.2(a)(2), 34.5(a)(12); see also Dears v. State , 154 S.W.3d 610, 613 (Tex. Crim. App. 2005) (“The court of appeals must dismiss an appeal if a certification showing that the defendant has the right to appeal is not made a partof the appellate record.”). We therefore abate the case and order the trial court to

execu te a certification of appellant’ s right to appeal. See Tex. R. App. P. 34.5(c)(2), 37.1, 44.4; Cortez v. State , 420 S.W.3d 803, 806

– 07 (Tex. Crim. App. 2013)

. An appeal must be dismissed if a certification showing that the defendant has the right of appeal has not been made part of the record. Tex. R. App. P. 25.2(d) ; Dears , 154 S.W.3d at 613. In connection with this record, pursuant to T ex

. R. A pp . P. 37.1 and 44.4 , we abate this appeal and direct the trial court to file a certification of the defendant’s right of appeal with the trial court clerk and direct

t he clerk to prepare and file a supplemental clerk’s record containing the corrected
certification with this c ourt within 30 days of the date of this order

.

PER CURIAM
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