alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
AFFIRMED and Opinion Filed January 23, 2019 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas
No. 05-17-01252-CV JUSTIN PAYTON, Appellant V. ANGELA CROUCH, Appellee On Appeal from the 303rd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-16-27369 

### MEMORANDUM OPINION Before Justices Bridges, Brown, and Whitehill Opinion by Justice Whitehill
On October 3, 2017, the trial cour t granted Angela Crouch–Payto n’s petition for divorce from Justin Payton. Justin Payton, pro s e, appeals the trial court’ s judgment. Initially, we note that a pro se litigant is held to the same s tandards as licensed attorneys and must comply with applicable l aws and rules of procedure. Mansfield State Bank v. Cohn , 573 S.W.2d 181, 184–85 (Tex.1978). On appeal, as at trial, the pro se appellant must properly present its case. Id .; Strange v. Continental Cas. Co ., 126 S.W.3d 676, 678 (Tex. App.—Dallas 2004, pet. denied). The rules of appellate procedur e require appellant's brief to contain “a clear and concise argument for the contentions made, with appropriate citations t o authorities and to the record.”
T EX
. R. A PP
. P. 38.1(h). An issue on appeal unsupported by argument or citatio n to any legal–2– authority presents nothing for the court to review. Birnbaum v. Law Offices of G. David Westfall , 120 S.W.3d 470, 477 (Tex. App.—Dallas 2003, pet. denied). Simi larly, we cannot speculate as to the substance of the specific i ssues appellant claims we must a ddress. Strange , 126 S.W.3d at 678. An appellate court has no duty to perform an independent review of the record and applicable law to determine whether the e rror complained of occurred. Id. We are faced with a difficult task in attempting to address thi s pro se appellant’s appeal. The appellant’s brief and amended brief are handwritten notes a sking for our help. Appellant provides no issues, discussion, or argument and cites neither l egal authorities, nor the record. We cannot draft and articulate what we think appellant meant to ra ise on appeal. Accordingly, we resolve appellant’s issue(s) aga inst him. The t rial court’s ju dgment is affirmed.

171252F.P05 /Bill Whitehill/ BILL WHITEHILL JUSTICE–3– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT
JUSTIN PAYTON, Appellant
No. 05-17-01252-CV V. ANGELA CROUCH, Appellee On Appeal from the 303rd Judicial District Court, Dallas County, Texas Trial Court Cause No. DF-16-27369. Opinion delivered by Justice Whitehill. Justices Bridges and B rown participating. In accordance with this Court’s opinion of this date, the judg ment of the trial court is AFFIRMED

. It is ORDERED that each party bear its ow n costs of this appeal.
Judgment entered January 23, 2019.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 504 Agreed to Senate (ATS)]

113th CONGRESS
  2d Session
S. RES. 504

 To direct the Senate Legal Counsel to appear as amicus curiae in the 
name of the Senate in Menachem Binyamin Zivotofsky, By His Parents and 
Guardians, Ari Z. and Naomi Siegman Zivotofsky v. John Kerry, Secretary 
                           of State (S. Ct.).

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 16, 2014

   Mr. Reid (for himself and Mr. McConnell) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
 To direct the Senate Legal Counsel to appear as amicus curiae in the 
name of the Senate in Menachem Binyamin Zivotofsky, By His Parents and 
Guardians, Ari Z. and Naomi Siegman Zivotofsky v. John Kerry, Secretary 
                           of State (S. Ct.).

Whereas, in the case of Menachem Binyamin Zivotofsky, By His Parents and 
        Guardians, Ari Z. and Naomi Siegman Zivotofsky v. John Kerry, Secretary 
        of State, No. 13-628, pending in the Supreme Court of the United States, 
        the constitutionality of section 214(d) of the Foreign Relations 
        Authorization Act, FY 2003, Pub. L. No. 107-228, 116 Stat. 1350, 1366 
        (2002), has been placed in issue;
Whereas, pursuant to sections 703(c), 706(a), and 713(a) of the Ethics in 
        Government Act of 1978, 2 U.S.C. 288b(c), 288e(a), and 288l(a), the 
        Senate may direct its counsel to appear as amicus curiae in the name of 
        the Senate in any legal action in which the powers and responsibilities 
        of Congress under the Constitution are placed in issue: Now, therefore, 
        be it
    Resolved, That the Senate Legal Counsel is directed to appear as 
amicus curiae on behalf of the Senate in the case of Menachem Binyamin 
Zivotofsky, By His Parents and Guardians, Ari Z. and Naomi Siegman 
Zivotofsky v. John Kerry, Secretary of State, to defend the 
constitutionality of section 214(d) of the Foreign Relations 
Authorization Act, FY 2003.
                                 <all>
```
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





I,
      Michael J. Loiacono, the Chief Financial Officer and Chief Accounting Officer
      of
      Global Axcess Corp (the "Company"), certify, pursuant to Section 906 of
      the


Sarbanes-Oxley
      Act of 2002, 18 U.S.C. Section 1350, that to the best of my
      knowledge:





(1)
      the
      Annual Report on Form 10-KSB of the Company for the fiscal year ended December
      31, 2006 (the "Report") fully complies with the requirements of Section 13
      (a)
      or 15 (d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));
      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:
      March 28, 2007


/s/Michael
                  J. LoiaconoName:
                Michael J. LoiaconoTitle: Chief Financial Officer and Chief
                Accounting
                  Officer
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```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1318 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1318

  To prohibit the use of stimulus funds for signage indicating that a 
            project is being carried out using those funds.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2009

   Mr. Gregg introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
  To prohibit the use of stimulus funds for signage indicating that a 
            project is being carried out using those funds.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Axe the Stimulus Plaques Act''.

SEC. 2. SIGNAGE.

    Notwithstanding any other provision of law, none of the funds made 
available under the American Recovery and Reinvestment Act of 2009 
(Public Law 111-5) may be used for signage to indicate that a 
particular project is being carried out using funds made available 
under that Act.
                                 <all>
```
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  -  DLA Europe & Africa             
  -  DLA Indo-Pacific 
-  Customer Support    -  Self Help Tools             
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  -  Find Your Order             
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  -  DLA Campaigns 

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Exhibit 31.2

CERTIFICATIONS

I, Michael B. Moneymaker, certify that:

1. I have reviewed this quarterly report on Form 10-Q for the three and nine months ended September 30, 2007 of NTELOS HOLDINGS CORP. (the
Registrant);

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 Registrant as of, and for, the periods presented in this report;

4. The
Registrants other certifying officers 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 Registrant 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 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) [Omitted in reliance on SEC Release No. 33-8238: 34-47986 Section III-E.];

(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; and

(d) 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 (the Registrants fourth fiscal
quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the Registrants internal control over financial reporting and

5. The Registrants other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial
reporting, to the Registrants auditors and the audit committee of the Registrant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 Registrant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 Registrants internal control over financial reporting.

Date: November 9, 2007



/s/ Michael B. MoneymakerMichael B. MoneymakerExecutive Vice President, Chief Financial Officer, Treasurer and Secretary
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, Michael Gilligan, Principal Financial Officer of DB Commodity Services LLC, the
Managing Owner of PowerShares DB Commodity Index Tracking Fund (the Trust), hereby certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Trusts Quarterly Report on Form 10-Q for the period ended June 30, 2008, as filed with the Securities and Exchange Commission on the date hereof
(the Quarterly Report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Trust.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------



|                    |  |                             |  | 
|------------------- |  | --------------------------- |  | 
|Date: July 31, 2008 |  | /s/ Michael Gilligan        |  | 
|                    |  | Michael Gilligan            |  | 
|                    |  | Principal Financial Officer |  | 



E-5
<PAGE>

                                                                    EXHIBIT 32.1

                           SECTION 1350 CERTIFICATIONS

     In connection with the Annual Report of Avatech Solutions, Inc. (the
"Company") on Form 10-K for the fiscal year ended June 30, 2003 as filed with
the Securities and Exchange Commission and to which this Certification is an
exhibit (the "Report"), the undersigned hereby certify, pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:

          (1) 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 result of operations of the
Company for the periods reflected therein.


Date: September 29, 2003                   /s/ Donald R. (Scotty) Walsh
                                           -------------------------------------
                                           Donald R. (Scotty) Walsh
                                           Chief Executive Officer


                                           /s/ Beth O. MacLaughlin
                                           -------------------------------------
                                           Beth O. MacLaughlin
                                           Chief Financial Officer
<PAGE>
                                                                  Exhibit 10.69

April 5, 2001

Mr. Robert Dale
25 Partrick Lane
Wilton, Conn. 06897

Dear Bob:

Thanks for meeting with Holcombe and I yesterday. Holcombe felt very comfortable
that you would be a valuable member of the WestPoint Stevens management team. In
view of that discussion, this letter is a confirmation of your acceptance of the
position Senior Vice President Sales and Marketing for WestPoint Stevens. I have
attached a general job description that provides more specifics. Your annual
base compensation will be $250,000. In addition, you will be a participant in
our Management Incentive Program (MIP) at level one which can generate a maximum
payout of 100% of your base pay. The MIP plan has entry levels that begin at a
25% payout. The Plan is base on achieving budgeted annual earnings per share.

In addition to the cash consideration above, the Company will grant you options
to purchase 100,000 shares of WestPoint Stevens common stock at the current
market value. Such options would vest over the next five years with 20,000
shares vesting immediately. The plan allows you the right to exercise vested
options over a 10-year period. Additional options can be awarded each year at
the discretion of the Board of Directors. You will also be eligible to
participate in an additional program referred to as the "Stock Bonus Plan". If
certain predetermined annual earnings per share are achieved, as a participant
you can receive a stock bonus equivalent up to 80% of your base compensation.
The Board of Directors approves this annual earnings target.

To allow you a certain comfort level associated with this type of career change,
we will provide you with an interim severance plan. If WestPoint Stevens
releases you during the first two years of employment, you will be paid a
severance of twelve months salary. In year three and thereafter the amount
becomes six months. If you choose to leave, the Company will not be responsible
for any severance.

Your official start date will be Monday April 16, 2001. Accompanying this letter
is an organizational chart illustrating the direct reports to this position. We
can discuss this further once you review the chart and job description. I wanted
to put something in your
<PAGE>

hands that would act as an aid for questions. Under the right leadership,
WestPoint Stevens will have a very bright future. I am confident that you will
contribute greatly to this process. If you have any immediate questions, I can
be reached at 212-930-3428 (office), 212-842-2758 (N.Y. apt.) or 704-846-7191
(Charlotte). Please feel free to call.

Sincerely,



/s/ M. L. Fontenot
------------------------------------
M. L. Fontenot

Copies:
Holcombe Green
Exhibit 32  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350   Michael V. Shustek, as Chief Executive Officer of Vestin Realty Mortgage I, Inc. (the Registrant), and Michael V. Shustek, as Interim Chief Financial Officer of the Registrant, hereby certify, pursuant to 18 U.S.C. § 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:  (1) The Registrants Report on Form 10-Q for the three and nine months ended September 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and  (2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.   Date: November 10, 2010  /s/ Michael V. ShustekMichael V. ShustekChief Executive OfficerVestin Realty Mortgage I, Inc.   Date: November 10, 2010  /s/ Michael V. ShustekMichael V. ShustekInterim Chief Financial OfficerVestin Realty Mortgage I, Inc.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6273
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus LUELLEN DAVIS, Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (CR-92-366, CA-96-85-20-6) Submitted: June 11, 1996 Decided: June 25, 1996 Before WILKINS and MOTZ, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Luellen Davis, Appellant Pro Se. Matthew Raymond Hawley, Jr., Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order denying his 28 U.S.C. § 2255 (1988) motion. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Davis , Nos. CR-92-366; CA-96-85-20-6 (D.S.C. Feb. 1, 1996). We dispense withoral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED