alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Trishe Resources, Inc.; Trishe * From the 385th District Court

Wind Minnesota, LLC; and Trishe of Midland County,

Wind Colorado, LLC, Trial Court No. CV 50941.

Vs. No. 11-18-00086-CV * September 6, 2019

Hilliard Energy, Ltd., * Memorandum Opinion by Wright, S.C.J.

 (Panel consists of: Bailey, C.J.;

 Wright, S.C.J., sitting by assignment;

and Dauphinot, S.J., sitting by

assignment)

(Willson, J., and Stretcher, J., not

participating)

 This court has inspected the record in this cause and concludes that there is error 

in the judgment below. Therefore, in accordance with this court’s opinion, we 

reverse the judgment of the trial court insofar as it provides for the award of 

$33,454.98 in attorney’s fees and for the accrual of 1.5% interest on the Ohio success 

fee and the Minnesota success fee, and we remand those matters to the trial court for 

further proceedings. In all other respects, we affirm the judgment of the trial court. 

The costs incurred by reason of this appeal are taxed against Trishe Resources, Inc.; 

Trishe Wind Minnesota, LLC; and Trishe Wind Colorado, LLC.
CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





Pursuant
to 18 U.S.C. § 1350, as adopted pursuant to Pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned hereby certifies that
the Quarterly Report on Form 10-Q for the nine months ended September 30,
2010 of Majestic Oil & Gas, Inc. (the “Company”) fully complies with the
requirements of Section 13(a) or Section 15(d) of the Securities
Exchange Act of 1934 and that the information contained in such Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company.




/s/ Patrick MontalbanChief
      Executive OfficerChief
      Financial Officer








A signed
original of this written statement required by Section 906 has been provided to
Majestic Oil & Gas, Inc. and will be retained by Majestic Oil & Gas,
Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.
**Exhibit 31.1**

 

**CERTIFICATION PURSUANT TO**

**SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Wayne Bassham, President and Director of Westcott Products Corporation, certify that: 

 

1. I have reviewed this Annual Report on Form 10-KSB of Westcott Products Corporation. 

 

2. Based on my knowledge, this Annual 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 Annual Report; 

 

3. Based on my knowledge, the financial statements, and other financial information included in this Annual 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 Annual Report; 

 

4. The Registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the Registrant and we have: 

 

a) designed such disclosure controls and procedures 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 Annual Report is being prepared; 

 

b) evaluated the effectiveness of the Registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this Annual Report (the "Evaluation Date"); and 

 

c) presented in this Annual Report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date; 

 

5. The Registrant's other certifying officer and I have disclosed, based on our most recent evaluation, to the Registrant's auditors and the audit committee of Registrant's board of directors (or persons performing the equivalent function); 

 

a) all significant deficiencies in the design or operation of internal controls which could adversely affect the Registrant's ability to record, process, summarize and report financial data and have identified for the Registrant's auditors any material weaknesses in internal controls; and 

 

b) any fraud, whether or not material, that involves management or other employees who have a significant role in the Registrant's internal controls; and 

 

6. The Registrant's other certifying officer and I have indicated in this Annual Report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses. 

 

 

| *Date:*** | *12/27/06*** | * * | *By:***  | */s/Wayne Bassham***                      |
|-----------|--------------|----------|----------|-------------------------------------------|
| * *  | * *     | * * | * * | *Wayne Bassham, President and Director*** |
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) 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 Partnership.
 By:
    
    /s/ FREDDIE M. KOTEKName:
    
    Freddie M. KotekTitle:
    
    Chairman of the Board of Directors,Chief Executive Officer and President of the Managing General PartnerDate:
    
    November 12, 2010
**Exhibit 32.2**

CERTIFICATION OF CHIEF FINANCIAL OFFICER

Pursuant to Section 906 of the Sarbanes-Oxley Act 2002 (18 U.S.C. 1350), the undersigned, Frank J. Cinatl, IV, Chief Financial Officer of Abatix Corp. (the “Company”) has executed this certification in connection with the filing with the Securities and Exchange Commission of the Company’s Annual Report on Form 10-K for the year ended December 31, 2005 (the “Report”).  

The undersigned certifies 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 results of operation of the Company.  

|   | /s/ Frank J. Cinatl                        |
|--------|--------------------------------------------|
|   |                                            |
|   | Frank J. Cinatl, IV                        |
|   | Vice President and Chief Financial Officer |
|   | March 21, 2006                             |
<TABLE> <S> <C>

<PAGE>
<ARTICLE>           5
<LEGEND>
                    The Schedule contains summary financial 
                    information extracted from the financial
                    statements for Prudential-Bache Capital Return
                    Futures Fund and is qualified in its entirety 
                    by reference to such financial statements
</LEGEND>

<RESTATED>          

<CIK>               0000846176
<NAME>              Prudential-Bache Capital Return Futures Fund
<MULTIPLIER>        1

<FISCAL-YEAR-END>               Dec-31-1996

<PERIOD-START>                  Jan-1-1996

<PERIOD-END>                    Dec-31-1996

<PERIOD-TYPE>                   12-Mos

<CASH>                          4,416,242

<SECURITIES>                    14,287,605

<RECEIVABLES>                   0

<ALLOWANCES>                    0

<INVENTORY>                     0

<CURRENT-ASSETS>                18,703,847

<PP&E>                          0

<DEPRECIATION>                  0

<TOTAL-ASSETS>                  18,703,847

<CURRENT-LIABILITIES>           808,363

<BONDS>                         0

<PREFERRED-MANDATORY>           0

<PREFERRED>                     0

<COMMON>                        0

<OTHER-SE>                      17,895,484

<TOTAL-LIABILITY-AND-EQUITY>    18,703,847

<SALES>                         0

<TOTAL-REVENUES>                3,624,267

<CGS>                           0

<TOTAL-COSTS>                   0

<OTHER-EXPENSES>                2,293,425

<LOSS-PROVISION>                0

<INTEREST-EXPENSE>              0

<INCOME-PRETAX>                 0

<INCOME-TAX>                    0

<INCOME-CONTINUING>             0

<DISCONTINUED>                  0

<EXTRAORDINARY>                 0

<CHANGES>                       0

<NET-INCOME>                    1,330,842

<EPS-PRIMARY>                   9.23

<EPS-DILUTED>                   0

</TABLE>
**Exhibit        32.2**

|   | 1. | The                  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 Report fairly presents, in all material                  respects, the financial condition and results of operations of                  the                  Company. |
|--------|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                                       |   |   |                                                                                                  |
|------------------------------------------------------------|--------|--------|-------------------------------------------------------------------------------------------------------|
| Dated:                  November 19,                  2007 |   |   | /s/ Asher Zwebner                                                                                     |
|                                                            |   |   | Asher                  Zwebner, Chief Financial Officer(Principal                  Financial Officer) |
|                                                       |   |   |                                                                                                  |

----
<PAGE>




                                                                 EXHIBIT 10.46.1



                  (COLUMBIANA COUNTY PORT AUTHORITY LETTERHEAD)


February 26, 2003


Martin R.  MacDonald, Sr. Vice President
Probex Corporation
15510 Wright Bros.  Dr.
Addison, TX  75001

Dear Martin:

         The Columbiana County Port Authority will authorize an extension of the
lease purchase agreement until May 31, 2003 with payments due deferred until the
option is exercised. However, the option renewal payment will not be credited
toward the acquisition. All accumulated payments will be due upon execution of
the option agreement.

         If you are in agreement with the above terms and conditions, please
sign below and return to our office.


                                                    Yours truly,


                                                    Tracy V.  Drake
                                                    Executive Director



-------------------------------------------------
Martin MacDonald                            Date
Sr. Vice President


TVD/sls
#### STATE ex rel. Johnny WILLIAMS v. Jack F. DONNELLY, Jr., Warden, Washington Parish Correctional.

No. 88-KH-2377.

Supreme Court of Louisiana.

April 21, 1989.

In re Williams, Johnny; — Plaintiff(s); applying for supervisory remedial, mandamus and habeas corpus writs; to the Court of Appeal, Fourth Circuit, No. 88-KW-0540; Parish of Orleans, Criminal District Court, Div. “B”, Nos. 308-753, 308-767.

Denied.
#### TOWN OF JACKSON v. Richard C. DUDLEY III & Joan Pittman DUDLEY.

No. 87 CA 0148.

Court of Appeal of Louisiana, First Circuit.

Oct. 14, 1987.

*493Cynthia D. Young, Winston G. Decuir, Baton Rouge, for plaintiff-appellee, Town of Jackson.

Daniel K. Willis, Picou & Willis, St. Fran-cisville, for defendants-appellants, Richard & Jean Dudley.

Before GROVER L. COVINGTON, C.J., and SAVOIE and LeBLANC, JJ.

SAVOIE, Judge.

This court has issued, ex proprio motu, an order directing the parties to show cause why the appeal should not be dismissed on the basis that it was taken from a nonappealable judgment.

Plaintiff, the town of Jackson, filed suit against defendants, Richard and Joan Dudley, seeking a permanent injunction prohibiting them from maintaining a trailer park on their property except in accordance with city ordinances. Defendants filed an exception raising the objection of no cause of action. They complained that plaintiff is seeking a permanent injunction without first obtaining a temporary restraining order or a preliminary injunction and that plaintiff failed to allege irreparable injury. After a hearing, the trial court denied defendants’ exceptions, and they filed the present appeal.1

An appeal may be taken from a final judgment or from an interlocutory judgment which causes irreparable injury. Code Civ.P. art. 2083. A final judgment determines the merits in whole or in part, whereas an interlocutory judgment involves preliminary matters in the course of the action. Code Civ.P. art. 1841. A judgment overruling an exception of no cause of action is interlocutory and not appeal-able in the absence of a showing of irreparable injury. *See Brian v. Target, Inc.,*395 So.2d 372 (La.App. 1st Cir.1981).

In their motion for appeal, defendants acknowledge that the judgment is interlocutory. However, they state they will suffer irreparable injury because they will be forced to go to trial and because their right to a jury trial is being denied. The test for determining whether an interlocutory judgment may cause irreparable injury is whether any error in the judgment may be corrected as a practical matter in an appeal following the determination of the merits. A judgment which merely requires the parties to go to trial does not constitute irreparable harm. *Yeager v. Baton Rouge General Hosp.,*469 So.2d 47 (La.App. 1st Cir.1985). Moreover, defendants’ right to a jury trial is not being *494denied because the court overruled their exception but because plaintiffs seek in-junctive relief. Code Civ.P. art. 1732(3).

For the above and foregoing reasons the rule is made absolute and the appeal is dismissed at appellants’ cost.

APPEAL DISMISSED.

1

. Defendants also filed a writ application seeking review of this judgment. The application was not considered due to rule violations.
#### Gary STEFFEY, Appellant, v. STATE of Florida, Appellee.

No. 4-86-1292.

District Court of Appeal of Florida, Fourth District.

Feb. 11, 1987.

James K. Pedley, Fort Lauderdale, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Eddie J. Bell, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant was convicted of certain drug offenses and appeals. We reverse and remand for a new trial.

Under the facts and posture of this case, it was error for the trial court to deny appellant's motion to’ compel disclosure of the confidential informant, particularly since appellant’s defense was that of entrapment.

We reverse and remand for a new trial upon authority of *State v. Hassberger,*350 So.2d 1 (Fla.1977), and *Richert v. State,*338 So.2d 40 (Fla. 4th DCA 1976), *cert. denied,*346 So.2d 1250 (Fla.1977).

REVERSED AND REMANDED.

LETTS, WALDEN and STONE, JJ., concur.
#### Cory Lamar WHITE, Appellant, v. STATE of Florida, Appellee.

No. 86-117.

District Court of Appeal of Florida, Fifth District.

Jan. 29, 1987.

*190James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a conviction and sentence in a robbery case. While we can agree with appellant that it was harsh to treat him as an adult criminal rather than a juvenile delinquent, we are unable to rule that the trial judge abused his discretion in refusing to impose juvenile sanctions. However, with the exception of appellant's unscored juvenile record, the trial court’s reasons for departure are invalid. Although the unscored juvenile record has been found to be a valid reason for departure, *Weems v. State,*469 So.2d 128 (Fla.1985), we doubt that this factor, standing alone, will justify a departure in this case for two reasons. First, appellant’s juvenile record is of a quite minimal nature; second, although the crime for which appellant was convicted is a serious one (robbery) the circumstances under which this crime was committed are not. Appellant’s sentence remains within the trial court’s discretion.

SENTENCE QUASHED; REMANDED.

ORFINGER, J., concurs.

COBB, J., concurs in result only.
<PAGE>


[PRICEWATERHOUSECOOPERS LOGO]

PricewaterCoopers LLP
Barnett Center
50 North Laura Street
Suite 3000
Jacksonville FL 33202
Telephone (904) 354-0671
Facsimile (904) 366-3678
Direct phone (904) 366-3604
Direct fax (904)366-3678


                       CONSENT OF INDEPENDENT ACCOUNTANTS

     We consent to the incorporation by reference in the registration statement
of Armor Holdings, Inc.(No. 333-38765) on Form S-3, the registration statement
(No. 333-38759) on Form S-4 and the registration statement (No. 333-71063) on
Form S-8 of our report dated March 5, 1999, on our audit of the consolidated
financial statements of Armor Holdings, Inc. as of December 31, 1998 and for
the year then ended, which appears on page F-2 of the Company's annual report
on Form 10-K for the year ended December 31, 1998. We also consent to the
reference to our firm under the caption "Experts".


                                         /s/ PricewaterhouseCoopers LLP
                                             PricewaterhouseCoopers LLP



Jacksonville, Florida
March 25, 1999
EXHIBIT 32.2

              CERTIFICATION OF CHIEF EXECUTIVE OFFICER 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 Cdoor Corp. (the "Company") on Form
10-QSB for the period ended March 31, 2006 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Asher Zwebner of the
Company, Principal Financial Officer certify to the best of my knowledge,
pursuant to 18 U.S.C. Sec. 13650, as adopted pursuant to Sec. 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 results of operations of the Company.

                                        /s/ Asher Zwebner
                                        ---------------------
                                        Asher Zwebner
                                        Principal Financial Officer
                                        May 10, 2006
III

106TH CONGRESS

2D SESSION S. CON. RES. 121

Congratulating Representative Stephen S. F. Chen on the occasion of his

retirement from the diplomatic service of Taiwan, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 9, 2000

Mr. CRAIG (for himself, Mr. ROCKEFELLER, and Mr. MURKOWSKI) submitted

the following concurrent resolution; which was considered and agreed to

CONCURRENT RESOLUTION

Congratulating Representative Stephen S. F. Chen on the

occasion of his retirement from the diplomatic service

of Taiwan, and for other purposes.

Whereas Representative Stephen S. F. Chen has been a

member of Taiwan’s diplomatic service for forty-seven

years;

Whereas Representative Chen has represented Taiwan’s interests in such countries as the Philippines, Brazil, Argentina, Bolivia, and the United States;

Whereas Representative Chen has held a number of important positions in his government at home, including those

of Vice Foreign Minister and Deputy Secretary-General

to President Lee Teng-hui;
2

•SCON 121 ATS

Whereas Representative Chen’s many years of service in the

United States include appointments as Taiwan’s ConsulGeneral in Atlanta from 1973 to 1979 and as Director

of the Coordination Council for North American Affairs

in Chicago from 1980 to 1982 and Los Angeles from

1988 to 1989;

Whereas Representative Chen has served with distinction as

Taiwan’s senior diplomat in the United States since

1997, when he became the Representative of the Taipei

Economic and Cultural Representative Office in Washington, D.C.; and

Whereas Representative Chen has been a friend of the United

States and earned the respect and genuine affection of

many Members of the Senate and House of Representatives: Now, therefore, be it

1 Resolved by the Senate (the House of Representatives

2 concurring), That it is the sense of Congress that—

3 (1) Representative Stephen Chen is to be con4 gratulated for his many years of distinguished serv5 ice to Taiwan and for his friendship to the United

6 States; and

7 (2) the best wishes of Congress are to be ex8 tended to Representative Chen and his family on the

9 occasion of his retirement.

Æ