alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Timothy T. TOOVAK, Appellant, v. STATE of Alaska, Appellee.

No. A-1690.

Court of Appeals of Alaska.

April 24, 1987.

Mary P. Treiber, Asst. Public Defender, Barrow, and Dana Fabe, Public Defender, Anchorage, for appellant.

Alan Hooper, Asst. Dist. Atty., Barrow, Harry L. Davis, Dist. Atty., Fairbanks, and Harold M. Brown, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., COATS and SINGLETON, JJ. .

*OPINION*

BRYNER, Chief Judge.

Timothy T. Toovak was convicted on his plea of no contest to the charge of assault in the first degree. Superior Court Judge Michael I. Jeffrey sentenced Toovak to the applicable seven-year presumptive term and ordered him to pay restitution in the amount of $2,471. Toovak appéals, challenging only the validity of the restitution order.

Alaska Statute 12.55.045(a) provides' in part:

> In determining the amount and method of payment of restitution, the court shall take into account the financial resources of the defendant, and the nature of the burden its payment will impose.

To comply with this provision, the sentencing court must first determine what the accused’s future earning capacity is likely to be; it must then fix the amount and terms of restitution to fall within the realistic limits of that capacity. *See Kramer v. State,*735 P.2d 754 (Alaska App.1987); *Brezenoff v. State,*658 P.2d 1359, 1364 (Alaska 1983). In the present case, Judge Jeffrey considered the fact that Toovak, although unemployed at the time of the offense, had previously been employed and had been capable of earning a substantial income. Judge Jeffrey also considered that the total amount of restitution was relatively small and would be substantially reduced during Toovak’s incarceration through application of his permanent fund dividend checks;1 The judge concluded *356that, even if economic conditions in the Barrow area were depressed upon Toovak’s release, Toovak would likely be capable of finding employment that would permit him to repay the remaining amount of restitution while still on parole.

The determination of future earning capacity will invariably require a certain amount of prediction. So long as the sentencing court’s determination is based on information in the sentencing record rather than on mere speculation, we will not disturb the exercise of its sound discretion. In our view, Judge Jeffrey’s consideration of Toovak’s past and future earning capacity complied with the statutory mandate. Toovak relies on our decision in *Brezenoff,*658 P.2d at 1364, to argue that a more prudent course for the sentencing court would have been to wait until Toovak’s release before attempting to fix the final amount of restitution. Following our decision in *Brezenoff,*however, this option was expressly foreclosed by the Alaska Supreme Court’s decision in *Karr v. State,*686 P.2d 1192 (Alaska 1984).

The sentence is AFFIRMED.

1

. The judge ordered that Toovak’s permanent fund dividend checks be applied to restitution to *356the maximum extent permitted by law during Toovak’s incarceration.
**EXHIBIT 31.2**

**CERTIFICATION**

I, Richard C. Nordvold, certify that:

1.               I have reviewedthis quarterly report on Form 10-Q of Golf Galaxy, Inc.;

2.               Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3.               Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

4.               The registrant’sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

a)              Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

b)             Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

c)              Disclosed in thisreport any change in the registrant’s internal control over financial reportingthat occurred during the registrant’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

5.               The registrant’sother certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (orpersons performing the equivalent functions):

a)              All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

b)             Any fraud, whether ornot material, that involves management or other employees who have a significantrole in the registrant’s internal control over financial reporting.
| Date: October 10, 2006 |     | /s/ RICHARD C. NORDVOLD   |   |   |
|------------------------|----------|---------------------------|--------|--------|
|                   |     | Richard C. Nordvold       |   |   |
| * *               | * * | *Chief Financial Officer* |   |   |
|                        |          |                           |        |        |  |

 

----
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING 

MOTION AND, IF FILED, DETERMINED 

 IN THE DISTRICT COURT OF APPEAL 

 OF FLORIDA 

 SECOND DISTRICT 

GRAND RESERVE AT TAMPA ) 

CONDOMINIUM ASSOCIATION, INC., ) 

and BUSINESS LAW GROUP, P.A., ) 

 ) 

 Appellants, ) 

 ) 

v. ) Case No. 2D14-3590 

 ) 

HSBC BANK USA, NATIONAL ) 

ASSOCIATION, AS TRUSTEE FOR ) 

NOMURA ASSET ACCEPTANCE ) 

CORPORATION MORTGAGE ) 

PASS-THROUGH CERTIFICATES, ) 

SERIES 2006-AF1, ) 

 ) 

 Appellee. ) 

 ) 

Opinion filed January 29, 2016. 

Appeal from the Circuit Court of 

Hillsborough County; Perry A. Little, Judge. 

Jacob A. Brainard and Scott C. Davis of 

Business Law Group, P.A., Tampa, 

for Appellants. 

Todd A. Armbruster of Moskowitz, Mandell, 

Salim & Simowitz, P.A., Fort Lauderdale, 

for Appellee. 

PER CURIAM. 
- 2 - 

 We affirm the order on appeal in all respects save one. Upon concession 

of error by Appellee, we reverse the imposition of costs the circuit court awarded under 

section 57.105, Florida Statutes (2014), as this statute "does not provide a mechanism 

for recovering costs." See Pronman v. Styles, 163 So. 3d 535, 538 (Fla. 4th DCA 2015) 

(citing Santini v. Cleveland Clinic Fla., 65 So. 3d 22, 37 (Fla. 4th DCA 2011)). We 

remand this case for the court to strike the provision of costs from its order. 

Affirmed in part, reversed in part, and remanded with instructions. 

WALLACE, BLACK, and LUCAS, JJ., Concur.
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-2162

_____________________________

CHARLES W. LEWIS,

Petitioner,

v.

SKYE N. CLIBURN,

Respondent.

_____________________________

Petition for Writ of Prohibition—Original Jurisdiction.

September 12, 2018

PER CURIAM.

The petition for writ of prohibition is denied on the merits.

WOLF, KELSEY, and JAY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________

David A. Carroll, Pensacola, for Petitioner.
2

Stephanie N. Greaves of Tonya C. Petermann, P.A., Ft. Walton 

Beach, for Respondent.
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02

- 18

- 00385

- CR

U MED A HMADI

, Appellant

V

.

T HE S TATE OF T EXAS §

§

§

§

§ On Appeal from County Criminal

Court No. 10

of Tarrant Co un ty (1510585)

August 26, 2019

Opinion by Chief Justice Sudderth

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that there

was no error in the trial court’s judgment. It is ordered that the judgment of the trial

c ourt is affirmed.

SECOND DISTRICT COURT OF APPEALS

By __ /s/ Bonnie Sudderth

_______________ Chief Justice Bonnie Suddert h
Exhibit 23


The Board of Directors
Mid-Coast Bancorp, Inc.


We consent to the incorporation by reference in this Annual Report (Form
10-KSB) of Mid-Coast Bancorp, Inc. of our report dated April 30, 1999,
included in the 1999 Annual Report to Shareholders of Mid-Coast Bancorp,
Inc.  We also consent to the incorporation by reference in the Registration
Statement (Form S-8 No. 33-69194) pertaining to the 1989 Stock Option Plan
of Mid-Coast Bancorp, Inc. and in the Registration Statement (Form S-8 No.
333-49003) pertaining to the Recognition and Retention Plan of Mid-Coast
Bancorp, Inc. of our report dated April 30, 1999, with respect to the
consolidated financial statements of Mid-Coast Bancorp, Inc. incorporated
by reference in this Annual Report (Form 10-KSB) for the year ended March
31, 1999.




Portland, Maine                        /s/ Baker Newman & Noyes
June 28, 1999                          Limited Liability Company
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 APR-1-1996
<PERIOD-END>                                   DEC-31-1996
<CASH>                                           1,508,000
<SECURITIES>                                             0
<RECEIVABLES>                                   36,445,000
<ALLOWANCES>                                       413,000
<INVENTORY>                                     68,334,000
<CURRENT-ASSETS>                               107,871,000
<PP&E>                                         136,900,000
<DEPRECIATION>                                  66,914,000
<TOTAL-ASSETS>                                 419,115,000
<CURRENT-LIABILITIES>                           73,682,000
<BONDS>                                        293,000,000
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                         10,000
<COMMON>                                            11,000
<OTHER-SE>                                     (33,327,000)
<TOTAL-LIABILITY-AND-EQUITY>                   419,115,000
<SALES>                                        212,703,000
<TOTAL-REVENUES>                               212,703,000
<CGS>                                          136,813,000
<TOTAL-COSTS>                                  136,813,000
<OTHER-EXPENSES>                                13,954,000
<LOSS-PROVISION>                                     2,000
<INTEREST-EXPENSE>                              27,984,000
<INCOME-PRETAX>                                 14,963,000
<INCOME-TAX>                                        81,000
<INCOME-CONTINUING>                             15,044,000
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                  9,142,000
<CHANGES>                                                0
<NET-INCOME>                                     5,902,000
<EPS-PRIMARY>                                            0
<EPS-DILUTED>                                            0
        

</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

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###### Judicial Conference of the United States

# AGENCY:

Judicial Conference of the United States Advisory Committee on Rules of Civil Procedure.

# ACTION:

Notice of open meeting.

# SUMMARY:

The Advisory Committee on Rules of Civil Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation.

# DATES:

November 1-2, 2012.

*Time:*                         8:30 a.m. to 5 p.m.                    

# ADDRESSES:

Thurgood Marshall Federal Judiciary Building, Mecham Conference Center, One Columbus Circle, NE., Washington, DC 20544.

# FOR FURTHER INFORMATION CONTACT:

Benjamin J. Robinson, Deputy Rules Officer and Counsel, Administrative Office of the United States Courts, Washington, DC 20544, telephone (202) 502-1820.

Dated: February 21, 2012.

Benjamin J. Robinson,

Deputy Rules Officer and Counsel.

[FR Doc. 2012-4630 Filed 2-27-12; 8:45 am]

BILLING CODE 2210-55-P
```

                                                                      EXHIBIT 23

               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

            We consent to the  incorporation  by reference  in the  Registration
Statements  (Nos.  333-06705  and  333-30042)  on Form S-8 of our  report  dated
August 31, 2001, except for Notes 4 and 5, as to which the date is September 24, 2001,
 for the years ended June 30, 1999,  2000 and 2001, and to the
addition of our firm under the caption  "Experts" in the Prospectus,  insofar as
it relates to our report on the financial  statements  for the three years ended
June 30, 2001.

                                            /s/ Margolin, Winer & Evens LLP
                                            ---------------------------------
                                                Margolin, Winer & Evens LLP

Garden City, New York
September 26, 2001
```
Exhibit 32.2  Certification  Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned hereby certifies that:  (1) I have reviewed the Quarterly Report on Form 10-K of Inland Land Appreciation Fund II, L.P.  (the "Report") to which this statement is an Exhibit;  (2) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  (3) The information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of Inland Land Appreciation Fund II, L.P.  By:Inland Real Estate Investment CorporationGeneral Partner.By:/s/ Donna UrbainName:Donna UrbainTitle:Principal Financial Officer with respect to Inland Land Appreciation Fund II, L.P.Date:March 19, 2008
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

In connection with the Quarterly Report of NewPage Holding Corporation and NewPage Corporation (the
Companies) on Form 10-Q for the period ending March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Mark A. Suwyn, Chief Executive Officer of the Companies, certify,
pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

(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 position and results of operations of the Companies.



|                       
|-----------------------
|                       
|/s/ Mark A. Suwyn      
|Mark A. Suwyn          
|Chief Executive Officer
|May 13, 2008
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[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Notices]
[Pages 12331-12332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4640]


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

NATIONAL SCIENCE FOUNDATION


Membership of National Science Foundation's Senior Executive 
Service Performance Review Board

AGENCY: National Science Foundation.

ACTION: Announcement of Membership of the National Science Foundation's 
Senior Executive Service Performance Review Board.

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

SUMMARY: This announcement of the membership of the National Science 
Foundation's Senior Executive Service Performance Review Board is made 
in compliance with 5 U.S.C. 4314(c)(4).

ADDRESSES: Comments should be addressed to Director, Division of Human 
Resource Management, National Science Foundation, Room 315, 4201 Wilson 
Boulevard, Arlington, VA 22230.

FOR FURTHER INFORMATION CONTACT: Dr. Judith S. Sunley at the above 
address or (703) 292-8180.

SUPPLEMENTARY INFORMATION: The membership of the National Science 
Foundation's Senior Executive Service Performance Review Board is as 
follows:
    Cora B. Marrett, Deputy Director, Chairperson.
    Richard A. Behnke, Head, Geospace Section.
    Eugene F. Hubbard, Director, Office of Information and Resource 
Management and Chief Human Capital Officer.
    Deborah F. Lockhart, Deputy Director, Division of Information and 
Intelligent Systems.
    Martha A. Rubenstein, Director, Office of Budget, Finance and Award 
Management, and Chief Financial Officer.
    Brian W. Stone, Director, Antarctic Infrastructure and Logistics 
Division.
    Mark L. Weiss, Director, Division of Behavioral and Cognitive 
Sciences.

[[Page 12332]]

    Judith S. Sunley, Director, Division of Human Resource Management 
and PRB Executive Secretary.

    Dated: February 21, 2012.
Judith S. Sunley,
Director, Division of Human Resource Management.
[FR Doc. 2012-4640 Filed 2-28-12; 8:45 am]
BILLING CODE 7555-01-M