alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-16-00277-CV

IN RE Douglas A. GREGORY

Original Mandamus Proceeding1

Opinion by: Rebeca C. Martinez, Justice

Sitting: Karen Angelini, Justice

Rebeca C. Martinez, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: June 15, 2016

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

On May 2, 2016, relator filed a petition for writ of mandamus complaining of the trial 

court’s ex parte temporary restraining order granted on April 29, 2016. Relator also requested 

emergency relief from this court in the form of an order staying enforcement of the temporary 

restraining order.

On May 4, 2016, this court issued an order staying the enforcement of the temporary 

restraining order and requesting a response to the petition for writ of mandamus. Relator did not 

request this court stay the expiration of the temporary restraining order, and we did not do so. The 

temporary restraining order expired by its own terms on May 5, 2016, the date set by the trial court 

for the temporary injunction hearing.

 1 This proceeding arises out of Cause No. 2016-CI-07344, styled Bruce A. Smiley-Kaliff v. Douglas A. Gregory, 

pending in the 408th Judicial District Court, Bexar County, Texas, the Honorable Larry Noll presiding.
04-16-00277-CV

- 2 -

Ordinarily, the expiration of a temporary restraining order renders challenges to its issuance 

moot. Hermann Hosp. v. Tran, 730 S.W.2d 56, 57 (Tex. App.—Houston [14th Dist.] 1987, no 

writ). Courts recognize two exceptions to the mootness doctrine: the collateral consequences 

exception; and the capable of repetition yet evading review exception. James v. Hubbard, 21 

S.W.3d 558, 560 (Tex. App.—San Antonio 2000, no pet.). The collateral consequences exception 

involves severely prejudicial events flowing from the wrongful granting of the protective order. 

Id. There is nothing in the record that indicates this exception applies in this case. Additionally, 

the real party in interest stipulated in his response that the temporary restraining order has expired 

and that he will not seek another temporary restraining order in this case. Thus, the second 

exception does not apply. 

Because the temporary restraining order challenged in this proceeding has expired by its 

own terms, we conclude, without reaching the merits of the challenges asserted, that the petition 

for writ of mandamus has become moot, and should be dismissed. Accordingly, the petition for 

writ of mandamus is dismissed for lack of jurisdiction. See, e.g., Valley Baptist Med. Ctr. v. 

Gonzalez, 33 S.W.3d 821, 822 (Tex. 2000) (holding that appellate courts have no jurisdiction to 

issue advisory opinions where issues raised in a pending matter have become moot).

Rebeca C. Martinez, Justice
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00542-CV

In re Purity Thande Nash

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

M E M O R A N D U M O P I N I O N

The petition for writ of mandamus and motion for temporary stay are denied. See

Tex. R. App. P. 52.8(a), 52.10.

__________________________________________

Chari Kelly, Justice

Before Justices Goodwin, Baker, and Kelly

Filed: November 17, 2022
* Pursuant to Local Rule 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 Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-10239 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus LAWRENCE DERWOOD KENEMORE, JR., a/k/a Lawrence D. Kenemore, Jr., a/k/a Larry Kenemore, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:95-CR-099-D

- - - - - - - - - - September 27, 1996 Before GARWOOD, JOLLY and DENNIS, Circuit Judges.
PER CURIAM: * Lawrence Kenemore appeals from the district court’s denial of his motion, made at rearraignment as a plea of double jeopardy, to dismiss the indictment against him on the ground that it violated the Double Jeopardy Clause. We have jurisdiction over the interlocutory appeal pursuant to Abney v. United States , 431 U.S. 651, 662 (1977).No. 96-10239 - 2 - The independent fiduciary appointed in Kenemore’s civil case exercised what amounted to a receivership over the assets of the ATG Association of Trust and Guarantee (ATG), including the funds seized from Kenemore’s bank and brokerage accounts. The independent fiduciary’s actions did not constitute punishment for double jeopardy purposes. United States v. Woods , 949 F.2d 175, 177 (5th Cir. 1991), cert. denied , 503 U.S. 961 (1992). Kenemore’s allegation that the default judgment in the civil action included a fine and restitution is without a factual basis; the district court deferred imposition of a money judgment until after the completion of the criminal prosecution. Kenemore’s contention that the district court in the civil action was attempting to circumvent double jeopardy by declining to impose civil sanctions is not ripe for review. Cinel v. Connick , 15 F.3d 1338, 1341 (5th Cir.), cert. denied , 115 S. Ct. 189 (1994). Kenemore’s appeal is frivolous; his notice of appeal did not deprive the district court of jurisdiction to proceed to trial. United States v. Dunbar , 611 F.2d 985, 988 (5th Cir.)(en banc), cert. denied , 447 U.S. 926 (1980). The motions of Kenemore and the Government to supplement their record excerpts and the Government’s motion for an extension of the briefing schedule and withdrawal of its original record excerpts are DENIED. Finally, Kenemore has been warned that frivolous appeals may result in sanctions against him. Accordingly, Kenemore is barredNo. 96-10239 - 3 - from filing any pro se appeals in this court without the advance written permission of a judge of this court; the clerk of this court is directed to return to Kenemore, unfiled, any attempted submission inconsistent with this bar. To avoid further sanctions, which could include monetary sanctions, Kenemore is admonished to review any pending appeals and to withdraw any appeals that are frivolous.
APPEAL DISMISSED. MOTIONS DENIED. SANCTIONS IMPOSED. See 5 TH C IR . R. 42.2.
**EXHIBIT 32.1**

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

Pursuant to 18U.S.C. §1350 (as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002),I, the undersigned Chief Executive Officer of Golf Galaxy, Inc. (the “Company”),hereby certify that the Quarterly Report on Form 10-Q of the Companyfor the quarterly period ended November 25, 2006 (the “Report”) fully complieswith the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended, and that information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

A signed original of this written statement requiredby Section 906 has been provided to the Company and will be retained bythe Company and furnished to the Securities and Exchange Commission or itsstaff upon request.
| Date: January 9, 2007 |     | /s/ RANDALL K. ZANATTA                            |   |
|-----------------------|----------|---------------------------------------------------|--------|
|                  |     | Randall K. Zanatta                                |
| * *              | * * | *President, Chief Executive Officer and Chairman* |

 

----
II 

111TH CONGRESS 

1ST SESSION S. 1268 

To amend the Internal Revenue Code of 1986 to permanently extend and 

expand the additional standard deduction for real property taxes for 

nonitemizers. 

IN THE SENATE OF THE UNITED STATES 

JUNE 16, 2009 

Mr. BAYH (for himself, Mr. MARTINEZ, Mr. SCHUMER, Mrs. GILLIBRAND, Ms. 

STABENOW, and Mr. LAUTENBERG) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to permanently 

extend and expand the additional standard deduction 

for real property taxes for nonitemizers. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Homeowner Tax Fair5 ness Act of 2009’’. 


smartinez on PROD1PC64 with BILLS
2 

•S 1268 IS

1 SEC. 2. PERMANENT EXTENSION AND EXPANSION OF ADDI2 TIONAL STANDARD DEDUCTION FOR REAL 

3 PROPERTY TAXES FOR NONITEMIZERS. 

4 (a) PERMANENT EXTENSION.—Subparagraph (C) of 

5 section 63(c)(1) of the Internal Revenue Code of 1986 (re6 lating to standard deduction) is amended by striking ‘‘in 

7 the case of any taxable year beginning in 2008 or 2009,’’. 

8 (b) REMOVAL OF DOLLAR LIMITATION.—Paragraph 

9 (7) of section 63(c) of the Internal Revenue Code of 1986 

10 is amended to read as follows: 

11 ‘‘(7) REAL PROPERTY TAX DEDUCTION.—For 

12 purposes of paragraph (1), the real property tax de13 duction is equal to the amount allowable as a deduc14 tion under this chapter for State and local taxes de15 scribed in section 164(a)(1). Any taxes taken into 

16 account under section 62(a) shall not be taken into 

17 account under this paragraph.’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply to taxable years beginning after 

20 December 31, 2008. 

Æ 


smartinez on PROD1PC64 with BILLS
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**EXHIBIT 32.1**

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

In connection with the Report of mCig, Inc. (the “Company”) onForm 10-Q for the period ended October 31, 2014, as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, Paul Rosenberg,Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section.1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 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 allmaterial respects, the financial condition and results of operations of theCompany.

|                                                                                          |   |
|-----------------------------------------------------------------------------------------------|--------|
| Dated: December 22, 2014                                                                      |
|                                                                                          |
| /s/*Paul Rosenberg*                                                                           |   |
| Paul  Rosenberg                                                                               |
| President,  Chief Executive Officer, Chief Financial Officer, Treasurer and Director          |
| (Principal  Executive Officer, Principal Financial Officer and Principal Accounting  Officer) |
Exhibit
32.2





CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





The
undersigned hereby certifies, in his capacity as the Chief Financial Officer of
China Medicine Corporation (the “Company”), for the purposes of 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that to the best of his knowledge:





(1)      The
Company’s Quarterly Report on Form 10-Q for the fiscal quarter ended March 31,
2010 (the “Report”) fully complies with the requirements of Section 13(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.





Dated:
May13, 2010




/s/   Fred
      W. CheungFred
      W. CheungChief
      Financial Officer(Principal
      Financial Officer and Accounting
Officer)




This
certification accompanies each Report pursuant to § 906 of the Sarbanes-Oxley
Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley
Act of 2002, be deemed filed by the Company for purposes of §18 of the
Securities Exchange Act of 1934, as amended.





A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.
Exhibit 10.20

   MATERIAL TERMS AND CONDITIONS OF VERBAL OFFICE LEASE FOR EXECUTIVE OFFICES
                             IN IRVINE, CALIFORNIA

Introduction:

     From May 1, 2009, until March 31, 2010,  Ciralight Global, Inc. ("Company")
subleased  certain  office  space  and  contracted  for  certain  administrative
overhead  support  from  iCapital  Finance,  Inc. a company  owned in by Randall
Letcavage,  who was on May 1, 2009,  the  President of the  Company.  The verbal
lease has the following terms and conditions:

     1. Office Location: 2603 Main Street, Suite 1150, Irvine, Texas 92614.

     2. Monthly Rent; Term: $3,000 per month; month to month term; commenced May
1, 2009.

     3. Office Space and Services  Provided by Landlord:  This monthly rental is
to share a portion of the rent,  the  utilities and the time of two staff people
that assist to handle  Company  business.  This  includes  answering all Company
telephones,   processing   telephone  and  internet  leads,   coordinating   and
communicating with the distributors and general administrative activities.  This
was deemed the most cost  efficient  and time  saving  approach  as it saved the
Company  from the  expense  of  setting  up its own  offices,  which  would have
required searching for and negotiating a lease, purchasing furniture, equipment,
phones and hiring our own office.  The rental arrangement is on a month to month
basis and the  Company is free to  negotiate  with other  properties  should our
management  deem  it in the  Company's  best  interest  to  change  the  current
arrangement.
---

2 0 0 9  F O R M - 2 0 F      E X H I B I T  -  12.2

SARBANES OXLEY ACT OF 2002 SECTION 302 CERTIFICATIONS

The disclosure required to be filed pursuant to Section 302 of the Sarbanes Oxley Act of 2002

is included  below in this Exhibit-12.1 in the form required as Certificates by the Company's CFO.



CFO CERTIFICATE



I, Robert V. Rudman, certify that:

1.

I have reviewed and read this annual report on Form 20-F of Continental Energy Corporation (the Company);

2.

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of, and for, the periods presented in this report;

4.

The Companys other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Company and have:

(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 Company, 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;

(c)

evaluated the effectiveness of the Company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; and

(d)

disclosed in this report any change in the Companys internal control over financial reporting that occurred during the period covered y the annual report that has materially affected, or is reasonable likely to materially affect, the Companys internal control over financial reporting; and

5.

The Companys other certifying officer and I have disclosed, based on our most recent evaluations of internal control over financial reporting, to the Companys auditors and the audit committee of the Companys board of directors (or persons performing the equivalent functions):

(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 Companys ability to record, process, summarize and report financial information; and

(b)

any fraud, whether or not material, that involves management or other employees who have a significant role in the Companys internal control over financial reporting.



<Signed>



Dated: December 11, 2009

________________________

Robert V. Rudman

CFO



---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-6802

DARRYL MCLACE DAVIS,

Plaintiff - Appellant,

versus

HELEN F. FAHEY, Chairman of the Virginia

Parole Board, individual and official

capacity; GENE M. JOHNSON, Director of the

Virginia Department of Corrections, individual

and official capacity; DORIS L. EWING, Manager

of the Court and Legal Services Unit of the

Virginia Department of Corrections, individual

and official capacity,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. David G. Lowe, Magistrate

Judge. (CA-04-607)

Submitted: October 31, 2005 Decided: November 17, 2005

Before LUTTIG, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Darryl McLace Davis, Appellant Pro Se. Richard Carson Vorhis,

OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for

Appellees.
- 2 -

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
*

Pursuant to 28 U.S.C. § 636(c) (2000) and Fed. R. Civ. P. 73,

the parties consented to jurisdiction of the magistrate judge.

- 3 -

PER CURIAM:

Darryl McLace Davis appeals the order of the magistrate

judge*

 denying relief on his 42 U.S.C. § 1983 (2000) complaint. We

have reviewed the record and the court’s opinion and find no

reversible error. Accordingly, we affirm on the reasoning of the

magistrate judge. See Davis v. Fahey, No. CA-04-607 (E.D. Va. Apr.

22, 2005). We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

AFFIRMED
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