alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Winston C. LOFTER, Appellant, v. Abdul RASHIDE, Trustee,1 Appellee.

No. 87-535.

District Court of Appeal of Florida, Third District.

April 19, 1988.

Winston C. Lofter, in pro. per.

Terrence E. Rosenberg, Miami Beach, for appellee.

Before BARKDULL, NESBITT and JORGENSON, JJ.

1

. Philip Singer was named by the pro se appellant as the appellee. However, he is not a party to this appeal. Singer instituted the foreclosure proceeding below. Abdul Rashide, trustee, was the purchaser at the foreclosure sale and is the appellee in this case.

PER CURIAM.

Winston C. Lofter appeals from a final order of the trial court denying his motion to set aside a default judgment and sale pursuant to a mechanics’ lien foreclosure. We reverse upon a finding that discrepancies between the contract and the claim of lien preclude assertion of a mechanics’ lien. The description in the retail installment contract concerning the goods sold, services rendered, and materials furnished to Lofter reads in its entirety: “Peach 2 pr.” The claim of lien bears the following description: “completely install drapes on traverse rods screwed into the walls.” Florida law is clear that “[b]efore the lienor may recover, the owner’s contract must call for the furnishing of the particular item. Where the contract is written, the plans and specifications must reflect the *1231furnishing of the particular materials.” 1 S. Rakusin, Florida Mechanics’ Lien Manual 3.02 A.l. (Supp.1988). Where the written contract is at variance with the claim of lien, mechanics’ lien jurisdiction will not lie. *See Hawaiian Inn of Daytona Beach, Inc. v. Robert Myers Painting, Inc.,*363 So.2d 125 (Fla. 1st DCA 1978) (where paint and other materials used by subcontractor were not in accordance with plans and specifications, there was no basis for assertion and foreclosure of mechanics’ lien), *cert. denied,*370 So.2d 461 (Fla.1979); *Morris & Esher, Inc. v. Olympia Enters., Inc.,*200 So.2d 579 (Fla. 3d DCA 1967) (to determine whether amounts reflected in claim of lien covered lienable items, court must consider terms of direct contract between owner and contractor). Entitlement to the protection of the mechanics’ lien law requires strict compliance with its terms by one who seeks its protection. *Continental Home Parks, Inc. v. Golden Triangle Asphalt Paving Co.,*291 So.2d 49, 52 (Fla. 2d DCA), *cert. denied,*295 So.2d 632 (Fla.1974). The sale of Lofter’s home is invalid and must be set aside. In addition, “[a] party against whom an erroneous judgment has been made is entitled upon reversal to have his property restored to him by his adversary.” *Sundie v. Haren,*253 So.2d 857 (Fla.1971).

The foreclosure sale is set aside, and the cause is reversed and remanded for proceedings consistent with this opinion.
**Exhibit 32**

 

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 Internet Acquisition Group, Inc. (the “Company”) on Form 10-QSB for the quarter ended March 31, 2007 as filed with the Securities and Exchange Commission on or about the date hereof (“Report”), the undersigned, in the capacities and on the date indicated below, hereby certifies pursuant 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of 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 condition and results of operations of the Company. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

|   | /s/ Matt Lettau                                 |
|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | Matt Lettau |
|--------|-------------|

|   | Chief Executive Officer |
|--------|-------------------------|

|   | Principal Accounting Officer |
|--------|------------------------------|

|   | May 15, 2007 |
|--------|--------------|
Exhibit 31.1

Rule 13a – 14(a)/15(d) – 14(a)

 

I, William Marshall, certify that:

1. I have reviewed this Quarterly report on Form 10-QSB of Cascade Energy Inc.;

2. Based on my knowledge, this quarterly 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 officers and I am 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 officers 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 officers 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:  July 24, 2006

 

/s/ William Marshall

William Marshall

Chief Executive Officer
# Fourth Court of Appeals

**San Antonio, Texas**

March 9, 2015

No. 04

- 14

- 00813

- CV

IN RE PRECISION SHOOTING EQUIPMENT, INC.

Original Mandamus Proceeding 1

ORDER

Sitting: Sandee Bryan Marion, Chief Justice

Marialyn Barnard, Justice

Patricia O. Alvarez, Justice

Relator filed this petition for writ of mandamus on November 21, 2014 , complaining of

the trial court’s failure to rule on a pending motion

. This court has been advised that the trial

court has since ruled on the pending moti on which is the subject of this mandamus proceeding

.

Accordingly, this original mandamus proceeding is reinstated and DISMISSED AS

MOOT.

It is so ORDERED on March 9, 2015

.



### PER CURIAM

ATTESTED TO:

____________________________ Keith E. Hottle

Clerk of Court

.

1 This proceeding arises out of Cause No. CV

- 1280, styled Precision Shooting Equipment, Inc. v. Manuel Medina

III, Individually and d/b/a M3 Outfitters , pending in the County Court, Zapata County, Texas, the Joe Rathmell

presiding.
Fourth Court of Appeals

San Antonio, Texas

December 23, 2019

No. 04-18-00906-CV

AMERICAN ASSURANCE COMPANY,

Appellant

v.

Noela DE LOS SANTOS, Individually and as next friend of Kimberly A. Ruiz,

Appellees

From the 79th Judicial District Court, Jim Wells County, Texas

Trial Court No. 06-11-45222-CV

Honorable Richard C. Terrell, Judge Presiding

O R D E R

Sitting: Patricia O. Alvarez, Justice 

Irene Rios, Justice 

Beth Watkins, Justice

The panel has considered the Appellee’s Motion for Rehearing, and the motion is 

DENIED. 

_________________________________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 23rd day of December, 2019.

___________________________________

MICHAEL A. CRUZ,

Clerk of Court
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 274 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
S. RES. 274

 To designate April 9, 2000, as a ``National Day of Remembrance of the 
One Hundred Thirty-Fifth Anniversary of the Battle of Sayler's Creek''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 20, 2000

 Mr. Warner submitted the following resolution; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION

 
 To designate April 9, 2000, as a ``National Day of Remembrance of the 
One Hundred Thirty-Fifth Anniversary of the Battle of Sayler's Creek''.

    Resolved, 

SECTION 1. DESIGNATION OF NATIONAL DAY OF REMEMBRANCE OF THE 135TH 
              ANNIVERSARY OF THE BATTLE OF SAYLER'S CREEK.

    The Senate--
            (1) designates April 9, 2000, as a ``National Day of 
        Remembrance of the 135th Anniversary of the Battle of Sayler's 
        Creek; and
            (2) requests that the President issue a proclamation 
        calling upon the people of the United States to observe such a 
        day of remembrance for the soldiers, the families of such 
        soldiers and others who suffered, endured, and sacrificed 
        during the four-year war known as the American Civil War.
                                 <all>
```
Exhibit 31.1

CERTIFICATION PURSUANT TO
SECTION 302(a) OF THE SARBANES-OXLEY ACT OF 2002

I, Samuel Masucci, III, certify that:

1.

I have reviewed this Quarterly Report on Form 10-Q of the MacroShares $100 Oil Up Trust;

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 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 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, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

b.

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

c.

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 other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors, the board of managers of Macro Securities Depositor, LLC, and the audit committee of MacroMarkets LLC (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 persons who have a significant role in the registrant's internal control over financial reporting.

Date: November 14, 2008

| |                                                               
| | --------------------------------------------------------------
| | /s/ Samuel Masucci, III                                       
| | Samuel Masucci, III                                           
| | Chief Executive Officer of Depositor, 
on behalf of Registrant
| (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. |
|-----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|     April                24, 2007 |     /s/                Jeffrey Cook                                                                                                               |
|-------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                                  | Jeffrey                CookSenior                Vice President and Chief Financial Officer(Principal                Financial and Accounting                Officer) |
#### Esther Langus, Plaintiff, *v.*William Langus, Defendant.

Supreme Court, Special Term, Kings County,

March 19, 1959.

*Gettner, Simon $ Asher*for plaintiff.

*Adolph Koeppel*for defendant.

Walter B. Hart, J.

Plaintiff moves for an order pursuant to section 49-b of the Personal Property Law to direct defendant’s employer to pay to her out of defendant’s wages temporary alimony of $30 weekly together with arrears of $120 *649and counsel fees of $100 heretofore awarded by order of the court. The statute in question provides as follows: “ 1. When a person is ordered by a court of record * * * to pay for the support of his minor children and/or spouse under * * * matrimonial proceedings * * * the court may order his employer to deduct from such employee’s wages, salary and/or commissions such amounts as the court may find to be necessary to comply with its order for the support of the employee’s minor children and/or his or her spouse. Such employer shall deduct the amount as ordered from the wages, salary and/or commissions of the employee and forward it monthly as directed in the order. ’ ’

Though the motion is unopposed, two questions concern the court, as follows: (1) Is the statute intended to implement the allowance of counsel fees and (2) whether it is intended to enforce the collection of arrears of alimony?

It is the opinion of this court that while the word *‘*support ’ ’ comprehends necessaries which in turn include counsel fees *(Matter of Kaufman [Gonzales],*272 App. Div. 323; *Elder*v. *Rosenwasser,*238 N. Y. 427) a fair reading of the statute compels the conclusion that it was never intended to include the collection of counsel fees and that the manifest purpose thereof was to make certain that the wife and minor children were afforded means of subsistence. It was never intended to be used as an instrument to enforce the collection of alimony in arrears. This is illustrated graphically in the instant case where defendant earns approximately $72 weekly. Plaintiff has been allowed the sum of $30 as alimony and for the support of the issue of the marriage. If as plaintiff requests she be allowed $30 on the current alimony and $30 on the arrears, little would remain for the defendant to subsist on.

Accordingly the motion is granted to the extent of directing defendant’s employer to transmit $30 a week without prejudice to the plaintiff’s rights to pursue such other remedies as she may be advised.

Settle order on notice.
#### STATE ex rel. Jessie CAGE v. CRIMINAL DISTRICT COURT, PARISH OF ORLEANS.

No. 88-KH-1175.

Supreme Court of Louisiana.

May 27, 1988.

In re Cage, Jessie; applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “J”, No. 269-439.

The relator represents that the district court has failed to act timely on an application he has filed for post-conviction relief. If relator’s representation is correct, the district court is ordered to consider and act on the application.
```

[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Notices]
[Page 8299]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03149]

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

DEPARTMENT OF ENERGY

Environmental Management Site-Specific Advisory Board, 
Portsmouth; Meeting

AGENCY: Department of Energy (DOE).

ACTION: Notice of open meeting.

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

SUMMARY: This notice announces a meeting of the Environmental 
Management Site-Specific Advisory Board (EM SSAB), Portsmouth. The 
Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires 
that public notice of this meeting be announced in the Federal 
Register.

DATES: Thursday, March 5, 2015, 6:00 p.m.

ADDRESSES: Ohio State University, Endeavor Center, Shyville Road, 
Piketon, Ohio 45661.

FOR FURTHER INFORMATION CONTACT: Greg Simonton, Alternate Deputy 
Designated Federal Officer, Department of Energy Portsmouth/Paducah 
Project Office, Post Office Box 700, Piketon, Ohio 45661, (740) 897-
3737, Greg.Simonton@lex.doe.gov.

SUPPLEMENTARY INFORMATION: 
    Purpose of the Board: The purpose of the Board is to make 
recommendations to DOE-EM and site management in the areas of 
environmental restoration, waste management and related activities.

Tentative Agenda

 Call to Order, Introductions, Review of Agenda
 Approval of January Minutes
 Deputy Designated Federal Officer's Comments
 Federal Coordinator's Comments
 Liaison's Comments
 Presentation
 Administrative Issues
 Subcommittee Updates
 Public Comments
 Final Comments from the Board
 Adjourn

    Public Participation: The meeting is open to the public. The EM 
SSAB, Portsmouth, welcomes the attendance of the public at its advisory 
committee meetings and will make every effort to accommodate persons 
with physical disabilities or special needs. If you require special 
accommodations due to a disability, please contact Greg Simonton at 
least seven days in advance of the meeting at the phone number listed 
above. Written statements may be filed with the Board either before or 
after the meeting. Individuals who wish to make oral statements 
pertaining to agenda items should contact Greg Simonton at the address 
or telephone number listed above. Requests must be received five days 
prior to the meeting and reasonable provision will be made to include 
the presentation in the agenda. The Deputy Designated Federal Officer 
is empowered to conduct the meeting in a fashion that will facilitate 
the orderly conduct of business. Individuals wishing to make public 
comments will be provided a maximum of five minutes to present their 
comments.
    Minutes: Minutes will be available by writing or calling Greg 
Simonton at the address and phone number listed above. Minutes will 
also be available at the following Web site: http://www.ports-ssab.energy.gov/.

    Issued at Washington, DC on February 11, 2015.
LaTanya R. Butler,
Deputy Committee Management Officer.
[FR Doc. 2015-03149 Filed 2-13-15; 8:45 am]
BILLING CODE 6450-01-P
```