alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Melvin DANIELS, Appellant, v. STATE of Florida, Appellee.

No. 86-2531.

District Court of Appeal of Florida, Second District.

March 9, 1988.

James Marion Moorman, Public Defender, and Laura Griffin, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and David R. Gemmer, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant raises two points on appeal. He first contends that the written judgment entered upon his conviction on count II for possession of a controlled substance should be corrected to reflect that he was adjudicated guilty of violating section 893.-13(l)(f), Florida Statutes (1985) — a misdemeanor of the first degree — and not section 893.13(l)(e) — a third-degree felony — as it appears on the written judgment. We agree. We decline, however, to discuss appellant’s other point since we find it has no merit.

We, therefore, remand this cause for correction of the written judgment to reflect the appropriate statutory section corresponding to appellant's conviction on count II. In all other respects, the judgment and sentences are affirmed.

RYDER, A.C.J., and CAMPBELL and PARKER, JJ., concur.
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exv10w3



 








Ex. 10.3




SILVERLEAF RESORTS, INC.




Lodge Getaway




February 19, 2004




Mr. Thomas J. Morris

819 Equestrian Drive

Rockwall, Texas 75032



     RE:      FIRST AMENDMENT TO CONSULTING AGREEMENT



Dear Tom:




     This letter amends your Consulting Agreement with Silverleaf Resorts, Inc. (the “Company”)
effective March 1, 2004, as follows:




	1.	 	The first paragraph of the Consulting Agreement is amended to read TradeMark Consulting, Co.
as the Consultant in place of Thomas J. Morris.
	 
	2.	 	Under Section 1, the term of the Consulting Agreement is extended to March 15, 2005.
	 
	3.	 	Under Section 2, Consultant further agrees to spend a minimum of two full business days per
week at Silverleaf’s Dallas offices is removed and Consultant further agrees at the request of
management to spend the amount of time necessary at Silverleaf’s Dallas offices to perform
these duties is added in its place.
	 
	4.	 	Section 3 (c) is amended to read as follows:
	 
	 	 	Success Bonuses: If, during the Term of this Agreement, Consultant is successful in obtaining
one or more new credit facilities for Silverleaf which are approved by the Board of Directors,
including any off balance sheet facilities, Silverleaf agrees to pay a success bonus to
Consultant on the closing of each new facility. The Success Bonus will be computed as follows:
(1) $50,000.00 for a new inventory facility or if the facility equals or exceeds
$20,000,000.00; or (2) $100,000.00 if the facility equals or exceeds $50,000,000.00; or (3)
one tenth of one percent (l/10th of 1%) of the principal amount if the facility is equal to or
exceeds $100,000,000.00. The success bonus shall be computed based on only the principal
amount of the new facility that the lender is obligated to advance. The success bonus shall
also not apply to any extensions or renewals of the principal amounts of Silverleaf’s current
credit facilities.
	 
	5	 	Section 18 (b) is amended to read as follows:




Thomas J. Morris, President

TradeMark Consulting, Co.

819 Equestrian Drive

Rockwall, Texas 75032




	6.	 	Except as amended by this First Amendment, the terms and provisions of your Consulting
Agreement are hereby ratified and confirmed.




 









 











	 	 	 	 	 
	 	Very truly yours,



SILVERLEAF RESORTS, INC.

 	 
	 	By:  	/S/ ROBERT E. MEAD
 	 
	 	 	Robert E. Mead 	 
	 	 	 	 
	 



	 	 	 
	ACCEPTED AND AGREED:
	 	 
	 
	 	 
	/S/ THOMAS J. MORRIS
	 	 
	 	 	 
	Thomas J. Morris, Individually and as

	 	 
	President of TradeMark Consulting, Co.
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 283 Introduced in House (IH)]

107th CONGRESS
  1st Session
H. CON. RES. 283

   Expressing the sense of Congress that Parker Dykes deserves to be 
 recognized for his years of commitment to football and his community 
 and is extremely worthy of the award of National Junior College Coach 
                              of the Year.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 6, 2001

  Mr. Shows submitted the following concurrent resolution; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
   Expressing the sense of Congress that Parker Dykes deserves to be 
 recognized for his years of commitment to football and his community 
 and is extremely worthy of the award of National Junior College Coach 
                              of the Year.

Whereas Parker Dykes was named National Junior College Coach of the Year;
Whereas Parker Dykes has been actively involved in football for more than 36 
        years;
Whereas Parker Dykes has been a strong role model for youth in both his personal 
        and professional life, as indicated by his selection for the Fellowship 
        of Christian Athletes of Mississippi Influence Award;
Whereas under Parker Dykes's leadership the Jones Junior College football team 
        finished the 2001 season with 10 wins and 1 loss and ranked 6th in the 
        National Junior College Athletic Association Poll; and
Whereas under Parker Dykes's leadership the Jones Junior College football team 
        won the Mississippi Junior/Community College Association State 
        Championship football game by defeating Mississippi Delta Community 
        College by a score of 22 to 6 on November 17, 2001: Now, therefore, be 
        it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of Congress that Parker Dykes deserves to be 
recognized for his years of commitment to football and his community 
and is extremely worthy of the award of National Junior College Coach 
of the Year.
                                 <all>
```
#### The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Fred Norman BYERLEY, Defendant-Appellee.

No. 81SA282.

Supreme Court of Colorado, En Banc.

Oct. 19, 1981.

Alexander M. Hunter, Jr., Dist. Atty., Peter Michael Maguire, Deputy Dist. Atty., Boulder, for plaintiff-appellant.

I. Melvin Tatsumi, Boulder, for defendant-appellee.

*543PER CURIAM.

This is an appeal by the prosecution concerning a question of law, as authorized by section 16-12-102, C.R.S.1973 (1978 Repl. Vol. 8) and C.A.R. 4(b). The appellant seeks review of an order of the district court of the twentieth judicial district which granted the defendant’s request to be tried for a class 4 felony charge by a jury of three persons. We disapprove the ruling of the district court.

The defendant, Fred Norman Byerley, was charged with second-degree assault, section 18-3-203, C.R.S.1973 (1978 Repl. Vol. 8), a class 4 felony. Immediately prior to jury selection, the defendant made an oral motion to the court requesting that his case be tried to a jury of three persons, pursuant to section 18-1-406(4), C.R.S.1973 (1978 Repl. Vol. 8). The trial judge granted the motion and the defendant was subsequently acquitted of the charge. The acquittal has not been challenged in this court.

The appellant seeks a clarification of section 18-1-406(4), C.R.S.1973, which provides:

> “(4) Except as to class 1 felonies, the defendant in any felony or misdemeanor case may, with the approval of the court, elect, at any time before verdict, to be tried by a number of jurors less than the number to which he would otherwise be entitled.”

This case is controlled by *People v. The District Court in and for the Twentieth Judicial District,*Colo., 634 P.2d 44, (1981). In that case we held that a person charged with a non-capital felony may elect to be tried by a jury of fewer than twelve, but not less than six persons.

The ruling of the district court is therefore disapproved.
**EXHIBIT 32.2**

 

CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with theQuarterly Report of PSB Holdings, Inc. (the “Company”) on Form 10-QSB for theperiod ended March 31, 2005 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Robert J. Halloran, Jr., Sr.Vice President, Chief Financial Officer and Treasurer of the Company, certify,pursuant to 18 U.S.C. Section 1350 that to the best of my knowledge:

 

1.               TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934;  and

 

2.               Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company as of thedates and for the periods covered by the report.

 

 
|   | /s/  Robert  J. Halloran, Jr. |   |
|--------|-----------------------------------------|--------|
|   | Robert J.  Halloran, Jr.                |
|   | Vice President  and Treasurer           |

 

----
[No. 18137-1-II.

Division Two.

August 9, 1996.]

#### *In the Matter of the Marriage of*Bonnie J. Meyer, Respondent, and Richard S. Meyer, *Appellant.*

Appeal from a judgment of the Superior Court for Pierce County, No. 89-3-04110-2, Waldo F. Stone, J., entered March 30, 1994. *Reversed*by unpublished opinion per Houghton, J., concurred in by Seinfeld, C.J., and Armstrong, J.
[No. 18966-6-II.

Division Two.

July 19, 1996.]

#### The State of Washington, *Respondent,*v. Roger Allen McCane, *Appellant.*

Appeal *from*a judgment of the Superior Court for Pierce County Juvenile Division, No. 319785 R040, entered November 18, 1994. *Reversed*by unpublished opinion per Seinfeld, C.J., concurred in Morgan and Houghton, JJ.
III

106TH CONGRESS

1ST SESSION S. RES. 86

Supporting the National Railroad Hall of Fame, Inc., of Galesburg, Illinois,

in its endeavor to erect a monument known as the National Railroad

Hall of Fame.

IN THE SENATE OF THE UNITED STATES

APRIL 27, 1999

Mr. DURBIN (for himself and Mr. FITZGERALD) submitted the following resolution; which was referred to the Committee on Commerce, Science, and

Transportation

RESOLUTION

Supporting the National Railroad Hall of Fame, Inc., of

Galesburg, Illinois, in its endeavor to erect a monument

known as the National Railroad Hall of Fame.

Whereas Galesburg, Illinois, has a profound link to the history of railroading beginning in 1849 when the Peoria

and Oquawka Railroad organized;

Whereas the citizens of Galesburg supported a railroad to

Chicago which was chartered as the Central Military

Tract Railroad in 1851;

Whereas Galesburg and Chicago were joined by rail in 1854;

as a result of this union, the Northern Cross Railroad

joined the Central Military Tract Railroad at Galesburg;
2

•SRES 86 IS

Whereas in 1886 Galesburg secured the Atchison, Topeka,

and Santa Fe Railway and became one of the few places

in the world to possess 2 mega-powers of the railroad industry;

Whereas the National Railroad Hall of Fame, Inc. has been

established in Galesburg and has reserved the name ‘‘National Railroad Hall of Fame’’ with the Secretary of the

State of Illinois;

Whereas the National Railroad Hall of Fame, Inc. is organized and incorporated as a not-for-profit organization

under the laws of Illinois;

Whereas the National Railroad Hall of Fame, Inc. filed a

service mark registration with the Commissioner of Patents and Trademarks of the United States, covering the

name and logo of the organization;

Whereas the National Railroad Hall of Fame, Inc. has applied for a charter under the State of Illinois;

Whereas the objectives of the National Railroad Hall of

Fame, Inc. include—

(1) perpetuating the memory of leaders and

innovators in the railroad industry;

(2) fostering, promoting, and encouraging a better

understanding of the origins and growth of railroads, especially in the United States; and

(3) establishing and maintaining a library and collection of documents, reports, and other items of value

to contribute to the education of future railroad students; and
3

•SRES 86 IS

Whereas the National Railroad Hall of Fame, Inc. has resolved to erect a monument known as the National Railroad Hall of Fame to honor men and women who actively

participated in the founding and development of the railroad industry in the United States: Now, therefore, be it

1 Resolved, That the Senate supports the National Rail2 road Hall of Fame, Inc., of Galesburg, Illinois, in its en3 deavor to erect a monument known as the National Rail4 road Hall of Fame.

Æ
Exhibit 10.2


June 30, 2005



Dr. Robert T. Zahradnik 119 Ashlei Lane Searcy, AK 72143

We are pleased to offer you, Robert T. Zahradnik (the "employee"), employment
with Oragenics, Inc. (the "employer") whereby you will work with executive
management performing various tasks as requested by our Board of Directors. You
will be reporting directly to David Gury, Chairman of the Board of Directors.

Compensation

Your start date will be July 1, 2005 and you will be paid a monthly base salary
of $15,000. This employment arrangement will be "at will" and may terminate upon
30 days written notice by either the employer or employee.

Benefits

Insurance
You are eligible for medical, dental, life insurance benefits on August 1, 2005.
Our current plan is provided by Blue Cross/Blue Shield. We will pay 90% of the
premium for you. A copy of the plan will be provided directly from Blue
Cross/Blue Shield.

Retirement Plan
You are also eligible for the company's Simple Retirement Plan immediately upon
your employment. Under this plan, we will provide a 100% match for every dollar
you invest up to a maximum of 3%. A copy of the plan will be provided under
separate cover.

Holidays
The paid holidays remaining in 2005 are:

         July 4...........................................Independence Day
         September 5......................................Labor Day
         November 24 and 25...............................Thanksgiving Weekend
         December 26......................................Christmas
         December 30......................................New Years

Vacation and Sick Days
You are entitled to twenty (20) paid days per year for vacation and / or
illness. Vacation days are earned at the rate of 1.67 days for each month of
employment and may be carried forward indefinitely.

I hope you find this offer letter meets your expectations. If you have any
questions or require further explanation regarding the above, please contact
Paul Hassie or me.

Sincerely,

/s/ David J. Gury
David J. Gury
Chairman


<PAGE>


                                                                    Exhibit 10.2

July 6, 2005



Dr. Robert T. Zahradnik 119 Ashlei Lane Searcy, AK 72143

This letter shall serve as an addendum to our employment letter dated June 30,
2005, and will clarify your role as an employee of Oragenics, Inc.

Effective immediately, you will assume the position of President and Chief
Executive Officer of Oragenics, Inc. as replacement of Mento A. Soponis who is
resigning his position today. Your compensation and all employee benefits as
documented in our letter dated June 30, 2005 will remain the same.

We look forward to your assuming this leadership role and hope for a mutually
rewarding relationship.

Sincerely,

/s/ David J. Gury
David J. Gury
Chairman
AFS-13-302-E

May 11, 2013

 Exemption No. 134N

 Regulatory Docket No. FAA-2001-9410

Maj. Alan W. Myrick

Chief, Aircrew Procedures

Department of the Air Force

6500 South MacArthur Boulevard

Oklahoma City, OK 73169

Dear Maj. Myrick:

This letter is to inform you that we have granted your petition to extend Exemption

No. 134, as amended. It explains the basis for our decision and describes its effect, and lists 

the conditions and limitations.

The Basis for Our Decision

By letter dated March 20, 2013, you petitioned the Federal Aviation Administration (FAA) on 

behalf of the U.S. Air Force (USAF) for an extension of Exemption No. 134, as amended. 

That exemption from § 91.159 of Title 14, Code of Federal Regulations allows the USAF to 

conduct non-training photographic reconnaissance missions that require flying a series of 

tracks at a constant altitude under visual flight rules, without maintaining the appropriate 

cruising altitudes required by § 91.159.

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested extension of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to the USAF.
2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 134, as 

amended, remains valid with respect to this exemption and is in the public interest. Therefore, 

under the authority provided by 49 U.S.C. § 40109, which the FAA Administrator has 

delegated to me, I grant your petition. Notwithstanding the provisions of the exemption, the 

pilot of an aircraft engaged in the above operations is not relieved of the responsibility to see 

and avoid other aircraft as required by other provisions of the regulations.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 134, as amended, to

September 30, 2018, unless sooner superseded or rescinded. 

Sincerely,

/s/

John S. Duncan

Deputy Director, Flight Standards 

Service
#### STATE of Florida, Appellant, v. Juan Jorge GARCIA, Appellee.

No. 86-1169.

District Court of Appeal of Florida, Fifth District.

Jan. 22, 1987.

Rehearing Denied March 6, 1987.

Robert A. Butterworth, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellant.

Law Offices of Steven Jugo, Miami, for appellee.

PER CURIAM.

Assuming that the search warrant affidavit in this case showed only a possibility rather than a probability of drugs being at the location to be searched, under *Illinois v. Gates,*462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), nevertheless it did not contain false information, and the search warrant based on it was regular on its face, was issued by a neutral and detached magistrate, and was served by law enforcement officers who acted in good faith and in reasonable reliance on the probable cause determination and the technical sufficiency of the warrant. Therefore, the seized evidence is admissible under *United States v. Leon,*468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), *rehearing denied,*468 U.S. 1250, 105 S.Ct. 52, 82 L.Ed.2d 942 (1984). *See also State v. Wildes,*468 So.2d 550 (Fla. 5th DCA 1985).

We reverse the order granting the motion to suppress the evidence seized pursuant to the search warrant, and remand for further proceedings.

REVERSED AND REMANDED.

COBB and COWART, JJ., and DANIEL, C.W., Associate Judge, concur.
Exhibit 10.7

                               Catherine M. Vaczy
                            140 East 28th Street #11C
                            New York, New York 10016

Phase III Medical, Inc.
330 South Service Road
Suite 120
Melville, New York  11747
Attention:  Mark Weinreb, President & CEO

August 12, 2005

Dear Mark:

As you know, pursuant to the terms of my employment agreement with Phase III
Medical, Inc. (the "Company") dated April 20, 2005 (the "Employment Agreement"),
I have been accruing my salary as to 50% since April 20, 2005. This letter is
being written to confirm our agreement, as approved by the Board at their
meeting yesterday, that (i) I will cease to accrue salary as of October 1, 2005
and will as of that date begin to receive payment of my salary solely in cash in
accordance with the Company's standard payroll practices, and (ii) I will accept
in payment of my salary accruing during the period that commenced on April 20,
2005 and will end on September 30, 2005, shares (the "Shares") of the common
stock, $.001 par value (the "Common Stock") of the Company. With respect to the
portion of my salary that has accrued from April 20, 2005 through August 12,
2005, the price per share will be $.06, the closing price of the Common Stock
today. For the portion of my salary that will accrue from August 13, 2005
through September 30, 2005, the price per share will be the closing price of the
Common Stock on September 30, 2005.

By signing this agreement, you and I each reaffirm the representations made by
each of us in the Stock Purchase Agreement dated April 20, 2005 and agree that
the Shares are being sold pursuant to the rights and conditions contained
therein, including the right to registration of the Shares.

Please acknowledge your agreement with the foregoing by countersigning this
letter agreement as provided below.

Very truly yours,

/s/ Catherine M. Vaczy
Catherine M. Vaczy


Accepted and agreed:


Phase III Medical, Inc.
By: /s/ Mark Weinreb
     Mark Weinreb, President and CEO