alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
WILLIAM TODD LARIMORE,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D16-2885

_____________________________/

Opinion filed June 6, 2017.

An appeal from an order of the Circuit Court for Duval County.

Gary Flower, Judge.

Andy Thomas, Public Defender, and A. Victoria Wiggins, Assistant Public 

Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Thomas H. Duffy, Assistant Attorney 

General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

WOLF and ROWE, JJ., and GRIFFIS III, STANLEY H., ASSOCIATE JUDGE, 

CONCUR.
#### The PEOPLE of the State of Colorado, Petitioner, v. Gregory Lance BINKLEY, Respondent.

No. 89SC686.

Supreme Court of Colorado.

May 29, 1990.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., and Richard H. Forman, Sol. Gen., Clement P. Engle, Asst. Atty. Gen., Denver, for petitioner.

David F. Vela, Colorado State Public Defender and Janet Fullmer Youtz, Deputy State Public Defender, Denver, for respondent.

ORDER OF COURT AND MANDATE

IT IS THIS DAY ORDERED that the Petition for Certiorari shall be, and the same hereby is, GRANTED, and the judgment of the Court of Appeals is vacated, and the case remanded to the Court .of Appeals for reconsideration in light of *People v. Terry,*791 P.2d 374 (Colo.1990).

NOW THEREFORE, this cause is remanded to the Court of Appeals for further proceedings in conformance with the judgment of this Court.
# Fourth Court of Appeals

San Antonio, Texas

May 19, 2021

No. 04

- 21

- 00135

- CV

Herbert Lawrence POLINARD , Jr. and Irene C. Polinard,

Appellants

v.

James Paul TISDEL

, Appellee

From the 224th Judicial District Court

, Bexar County, Texas

Trial Court No. 2017

- CI

- 04746

Honorable Norma Gonzales , Judge Presiding



### O R D E R

The clerk’s record in this appeal is past due. The clerk has filed a notification of late record stating the record has not been filed because appellant has not paid for the record and is not entitled to appeal without payment of the clerk’s fee for preparation of the record.

We order Herbert L. Polinard Jr. to provide written proof to this court by May 24, 2021, that either (1) the clerk’s fee has been paid or arrangements satisfactory to the clerk have been made to pay the clerk’s fee; or (2) appellant is entitled to the clerk’s record without prepayment of the clerk’s fee. See T EX

. R. A PP

. P. 20.1, 35.3(a); T EX

. R. C IV

. P. 145.

If appellant fails to file such proof within the time provided, this appeal will be dismissed for want of prosecution. See T EX

. R. A PP

. P. 37.3(b).

_________________________________ Luz Elena D. Chapa, JusticeIN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on th is 19th day of May, 2021

.

___________________________________ M ichae l A. C ruz
, Clerk of Court
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            COMMISSION DECISION         

of 22 November 2005         

amending Decision 2001/671/EC implementing Council Directive 89/106/EEC as regards the classification of the external fire performance of roofs and roof coverings

(notified under document number C(2005) 4437)

(Text with EEA relevance)

(2005/823/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products (1), and in particular Article 20(2)(a) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2001/671/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 22 November 2005.

For the Commission

Günter VERHEUGEN            

Vice-President

----

(1)OJ L 40, 11.2.1989, p. 12. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(2)OJ L 235, 4.9.2001, p. 20.

----

ANNEX

The Annex to Decision 2001/671/EC is amended as follows.

----
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

353 

CA 11-01911 

PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND MARTOCHE, JJ. 

 

IN RE: EIGHTH JUDICIAL DISTRICT ASBESTOS 

LITIGATION. 

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

LINDA FISCHER, AS EXECUTOR OF THE ESTATE OF 

ROBERT A. FREIHEIT, DECEASED, ORDER

PLAINTIFF-RESPONDENT, 

 

V

AMERICAN PREMIUM UNDERWRITERS, INC., FORMERLY 

KNOWN AS THE PENN CENTRAL CORPORATION, ET AL., 

DEFENDANTS, 

AND KOHLER CO., DEFENDANT-APPELLANT.

 

HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP, NEW YORK CITY (WENDY R.

KAGAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

LIPSITZ & PONTERIO, LLC, BUFFALO (DENNIS P. HARLOW OF COUNSEL), FOR

PLAINTIFF-RESPONDENT. 

 

Appeal from an order of the Supreme Court, Erie County (John P.

Lane, J.H.O.), entered January 4, 2011. The order denied the motion

of defendant Kohler Co. for summary judgment. 

It is hereby ORDERED that the order so appealed from is

unanimously affirmed without costs for reasons stated in the decision

at Supreme Court.

Entered: March 16, 2012 Frances E. Cafarell

Clerk of the Court
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EXHIBIT (10)(n)

 

AMENDMENT TO THE
 STOCK UNIT PLAN FOR DIRECTORS OF
 THE EMPIRE DISTRICT ELECTRIC COMPANY

 

The Stock Unit Plan for Directors of The Empire District Electric Company (the “Plan”) is amended in the following respects:

 

1.     Section 8 of the Plan is amended to insert the following new subsection (i):

 

“(i)          Effective upon and subject to the occurrence of the Merger (as defined below), each Stock Unit credited to an Account that is outstanding immediately prior to the Effective Time (as defined below) shall be cancelled and converted, as of the Effective Time, into the right to receive payment on the Payment Date of an amount in cash equal to the Merger Consideration (as defined below), together with interest on such amount at the “U.S. Prime Rate” as quoted by the Wall Street Journal in effect at the Effective Time for the period, if any, from the Effective Time until the Payment Date.  For purposes of this Section 8(i), the terms “Merger”, “Effective Time” and “Merger Consideration” shall have the meanings given to them under the Agreement and Plan of Merger, dated February 9, 2016, by and among the Company, Liberty Utilities (Central) Co. and Liberty Sub Corp.”

 

2.     Except as set forth above, the Plan shall remain in effect in accordance with its terms.
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**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**

| 1.   | the                Report fully complies with the requirements of Section 13(a) or 15(d),                as                applicable, 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                at the dates and for the periods indicated. |
|----------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|  By:                  |                     |  /s/                Michael J. SalamehMichael                J. SalamehChief                Executive Officer  |
|---------------------------------|------------------------------------|--------------------------------------------------------------------------------------------------------------------------|
#### Frank Page, Plaintiff, *v.*Blue Star Aviation Corporation et al., Defendants.

Supreme Court, Special Term, New York County,

November 25, 1958.

*Bigham, Englar, Jones & Houston (Peter J. Magee*of counsel), for Blue Star Motors, defendant.

*Stull (& Stull*for plaintiff.

*438Jacob Markowitz, J.

Defendant moves, pursuant to rule 102 of the Rules of Civil Practice for an order requiring that the plaintiff make the complaint more definite and certain by setting forth the place where the accident occurred. It is charged by the complaint that the plaintiff was injured in an airplane crash as a result of false oral representations by the defendants to the plaintiff that the plane was in perfect condition when it was known by the defendants not to be fit for the intended flight and not to be in perfect condition. It is further alleged that the cause of the crash was due to the negligence of the defendants for failure to use due care in the inspection and servicing of the plane and in failing to provide a plane which could be flown safely.

Defendant argues that the place of the accident is a material fact of the cause of action or defense and must, therefore, be furnished by the complaint and not by way of a bill of particulars, particularly where the purpose is to intelligently plead with respect to the statutory time limitation.

The plaintiff contends that the defendant is not seeking to ascertain where the plaintiff’s cause of action arose but is attempting by this motion to change the concept of plaintiff’s theory of recovery. On the basis of the complaint, the plaintiff seeks recovery upon false or negligently spoken representations concerning the fitness of the plane and its inspection and servicing. Therefore, plaintiff argues the geographical location wherein the airplane crashed is not determinative of where the cause of action arose. The crash is not pleaded as a tort, but is instead the result of the falsity of the representations. Nor is the unfitness of the plane pleaded as a tort. However, what defendant actually seeks is a statement of the place where the cause of action arose. It is unnecessary at this time to determine upon what theory plaintiff may recover. Under that part of the notice which requests other and different relief, the motion is granted requiring the plaintiff to serve an amended complaint within 20 days from service of this order which will allege the place where the words were spoken and where the crash occurred.
III 

113TH CONGRESS 

1ST SESSION S. RES. 264 

To authorize testimony, documents, and representation in State of Florida 

v. Lawrence, Denny, & Scarbrough. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 1, 2013 

Mr. REID (for himself and Mr. MCCONNELL) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

To authorize testimony, documents, and representation in 

State of Florida v. Lawrence, Denny, & Scarbrough. 

Whereas, in the cases of State of Florida v. Lawrence, Case 

No. 2013–CM–011301, State of Florida v. Denny, Case 

No. 2013–CM–011303, and State of Florida v. 

Scarbrough, Case No. 2013–CM–011311, pending in the 

Thirteenth Judicial Circuit of Hillsborough County Court 

in Tampa, Florida, the prosecution has requested the 

production of documents and testimony from an employee 

in the office of Senator Marco Rubio; 

Whereas, pursuant to sections 703(a) and 704(a)(2) of the 

Ethics in Government Act of 1978, 2 U.S.C. §§ 288b(a) 

and 288c(a)(2), the Senate may direct its counsel to represent an employee of the Senate with respect to any subVerDate Mar 15 2010 21:50 Oct 01, 2013 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR264.ATS SR264

emcdonald on DSK67QTVN1PROD with BILLS
2 

SRES 264 ATS 

poena, order, or request for testimony relating to his official responsibilities; 

Whereas, by the privileges of the Senate of the United States 

and Rule XI of the Standing Rules of the Senate, no evidence under the control or in the possession of the Senate may, by the judicial or administrative process, be 

taken from such control or possession but by permission 

of the Senate; and 

Whereas, when it appears that evidence under the control or 

in the possession of the Senate may promote the administration of justice, the Senate will take such action as will 

promote the ends of justice consistent with the privileges 

of the Senate: Now, therefore, be it 

1 Resolved, That Ryan Patmintra, an employee in the 

2 Office of Senator Marco Rubio, and any other employee 

3 of that office from whom relevant evidence may be sought, 

4 are authorized to produce documents and provide testi5 mony in the cases of State of Florida v. Lawrence, Denny, 

6 & Scarbrough, except concerning matters for which a 

7 privilege should be asserted. 

8 SEC. 2. The Senate Legal Counsel is authorized to 

9 represent employees of Senator Rubio’s office in connec10 tion with the production of evidence authorized in section 

11 one of this resolution. 

Æ 


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