alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## NO. 12-08-00474-CR IN THE COUR T OF APP EALS TWELFTH COURT OF APP EALS D ISTR ICT

TYLER, TEXA S

STEPHE N R. PORTER, § APPEAL F ROM THE 124TH APPELLANT V. § JUDICIAL DISTRI CT COURT OF TH E ST ATE OF TEX

AS, APP ELL EE § GR EG G C OU NT Y, TEX

AS MEMORA NDUM OPIN ION PER CU RIAM This appea l is being dismi ssed for w ant of j u risdiction. Appellant pleade d guilty to t he offe nse of a ggravated assault ca using bodily i njury, and punishment was imposed in open c ourt on June 19, 2008. In a

criminal ca se whe n, as her e, no motion for new t rial i s filed, t he notice of appea l must be filed within thirty days after the day sentenc e is imposed or suspended in ope n court. See T EX . R. A PP . P. 26.2(a) . Consequently, Appellant’s notice of appe al was due on July 21, 2008. See id . Ho we ve r, Ap pe lla nt f iled hi s no ti ce of app e a l on De c e mbe r 1 0, 20 08 . Re c og niz ing that hi s notice of a

ppeal wa s untimely, Appellant also fi l ed a m o t i o n for a n extension of time to file the notice of a

ppeal. An a

ppellate c ourt may exte nd the time to file a notice of appe al i f, within fiftee n days af ter the de adline for

filing the notice of a

ppeal, the pa

rty files in the trial court h i s notice of appea l and files in the appe llate court a motion complying with T exas Rule of Appe llate Proce dure 10.5(b). T EX . R. A PP . P. 26.3. Because Appe llant's notice o f ap p ea l an d motion for extension of time were not filed on or befor e August 5, 2008 (fifte en days afte r July 21, 2008), this court has no
a uth or ity to e xte ndthe tim e fo r f ili ng his no tic e of

app e a l. Appellant’s notice of appe al is untimely, which leave s us without jurisdi ction over the appea l. Furthermore, this court has no authority to allow the late filing of a notice of appea l exce pt as provided by r

ule 26.3. See Sla ton v . St ate , 981 S.W.2d 208, 210 (Tex. Crim. App. 19 9 8 ) ( per2

c ur ia m) ; Ol

iv o v . St ate , 918 S.W.2d 519, 523 (Tex. Crim. App. 1996) . Consequently, Appellant's mot ion fo r e xte ns ion of

tim e to f ile his no tic e of app e a l is ov e rr ule d, a nd thi s app e a l is dismiss ed for want of jurisdi ction

. Opinion delivere d Dec ember 10, 2008. P an el consi s t ed of

W ort hen, C. J. , G r i

f f i t h, J. , and H oyl e, J.

(DO N OT PUBLISH)
<PAGE>

                                                                    EXHIBIT 99.3


                          GOODY'S FAMILY CLOTHING, INC.
                            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 Goody's Family Clothing, Inc. (the
"Company") on Form 10-Q for the period ending November 2, 2002, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
David G. Peek, Chief Accounting Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 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.


/s/ David G. Peek
------------------

David G. Peek
Senior Vice President and Chief Accounting Officer
November 22, 2002
# C_2012326EN.01004701.xml

| 26.10.2012 | EN | Official Journal of the European Union | C 326/1 |
| --- | --- | --- | --- |

26.10.2012

EN

Official Journal of the European Union

C 326/1

---

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

PART THREE

UNION POLICIES AND INTERNAL ACTIONS

UNION POLICIES AND INTERNAL ACTIONS

TITLE VI

TRANSPORT

TRANSPORT

Article 95

(ex Article 75 TEC)

(ex Article 75 TEC)

1.   In the case of transport within the Union, discrimination which takes the form of carriers charging different rates and imposing different conditions for the carriage of the same goods over the same transport links on grounds of the country of origin or of destination of the goods in question shall be prohibited.

2.   Paragraph 1 shall not prevent the European Parliament and the Council from adopting other measures pursuant to Article 91(1).

3.   The Council shall, on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, lay down rules for implementing the provisions of paragraph 1.

The Council may in particular lay down the provisions needed to enable the institutions of the Union to secure compliance with the rule laid down in paragraph 1 and to ensure that users benefit from it to the full.

4.   The Commission shall, acting on its own initiative or on application by a Member State, investigate any cases of discrimination falling within paragraph 1 and, after consulting any Member State concerned, shall take the necessary decisions within the framework of the rules laid down in accordance with the provisions of paragraph 3.

---
---

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Mark Lana, hereby certifies, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

(1)            the quarterly report on Form 10-Q/A of HS3 Technologies, Inc. for the period ended December 31, 2010 (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 HS3 Technologies, Inc.

|Dated: April 25, 2011                                           | 
|--------------------------------------------------------------- | 
|                                                                | 
|                                                                | 
|Mark Lana                                                       | 
|Chief Executive Officer, Treasurer, Secretary and Director      | 
|(Principal
      Executive Officer, Principal Financial Officer | 
|and Principal Accounting
      Officer)                         | 

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to HS3
Technologies, Inc. and will be retained by HS3 Technologies, Inc. and furnished
to the Securities and Exchange Commission or its staff upon request.

---
#### R. N. CROSSAN, Appellant (Defendant and Third-Party Plaintiff), v. IRRIGATION DEVELOPMENT CORPORATION, a Wyoming Corporation, Appellee (Plaintiff), v. VALMONT INDUSTRIES, INC., a Nebraska Corporation, Appellee (Third-Party Defendant). Green Circle Supply, Inc., a North Dakota Corporation, C. H. Brown, d/b/a C. H. Brown Co., and David Tritt, (Third-Party Defendants).

No. 5170.

Supreme Court of Wyoming.

Aug. 15, 1979.

Rehearing Denied Oct. 3, 1979.

*813ORDER DISMISSING APPEAL

An examination of the record on file in the above entitled appeal discloses and the court finds and concludes:

1. Appellant, defendant and third-party plaintiff in the district court filed notice of appeal from two summary judgments.

2. The first summary judgment, entered on May 16, 1979, held against appellant on his counterclaim and found there no reason for delay and directed entry of judgment pursuant to Rule 54(b), W.R.C.P.

3. The second summary judgment was entered on May 21, 1979, and dismissed appellant’s third-party complaint with prejudice, which judgment was entered without a Rule 54(b) certification.

4. Appellant’s notice of appeal from both judgments was filed on June 12, 1979, the 27th day after the first summary judgment and the 22nd day after the second. Concurrently, appellant moved the district court for an order to allow the appeal on the ground of excusable neglect because of ignorance of the requirement of Rule 2.01 WRAP, which requires that a notice of appeal be filed within 15 days from entry of judgment.

5. This court has established precedent by unpublished orders and held that ignorance of the provisions of the Wyoming Rules of Appellate Procedure is not excusable neglect as a matter of law. *Hadley v. Plumber,*No. 5161; *Lewis v. Roper*(Wyo.), 579 P.2d 434. Excusable neglect is measured on a strict standard to take care of genuine emergency conditions, such as death, sickness, undue delay in the mails, *Bosler v. Morad,*Wyo.1975, 555 P.2d 567, and other situations where such behavior might be the act of a reasonably prudent person under the circumstances.

6. In that the partial summary judgment entered on May 21, 1979, is not appealable inasmuch as it failed to contain the certification required by Rule 54(b), W.R.C.P., an appeal may yet lie therefrom.

Upon the court’s own motion, it is

ORDERED that the captioned appeal be and is dismissed.
# EUR-Lex - 12012M040 - EN

Important legal notice

*|*

# 12012M040

**Consolidated version of the Treaty on European Union - TITLE V: GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION AND SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY - Chapter 2: Specific provisions on the common foreign and security policy - Section 1: Common provisions - Article 40 (ex Article 47 TEU) **

*
Official Journal C 326, 26/10/2012, p. 0037 - 0037 *

Article 40

(ex Article 47 TEU)

The implementation of the common foreign and security policy shall not affect the application of the procedures and the extent of the powers of the institutions laid down by the Treaties for the exercise of the Union competences referred to in Articles 3 to 6 of the Treaty on the Functioning of the European Union.

Similarly, the implementation of the policies listed in those Articles shall not affect the application of the procedures and the extent of the powers of the institutions laid down by the Treaties for the exercise of the Union competences under this Chapter.

--------------------------------------------------
Exhibit
32(e)








CERTIFICATION
FURNISHED 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 Annual Report on
Form 10-K of Florida Power Corporation (the “Company”) for the period ended
December 31, 2008 as filed with the Securities and Exchange Commission on the
date hereof (the “Report”), I, Jeffrey J. Lyash, President and Chief Executive
Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted
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), as
applicable, 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 result of operations of the Company.











U/s/ Jeffrey J.
Lyash


Jeffrey
J. Lyash


President
and Chief Executive Officer


March 2,
2009








This
certification is being furnished and shall not be deemed filed by the Company
for purposes of Section 18 of the Securities Exchange Act of 1934, as amended,
or incorporated by reference in any filing under the Securities Exchange Act of
1934, as amended, or the Securities Act of 1933, as amended.
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1254747 ?S:'i
Exhibit 11.1
<TABLE>
<CAPTION>
                          WIRELESS TELECOM GROUP, INC.
                        COMPUTATION OF PER SHARE EARNINGS
                                   (Unaudited)

                                                       For the Three Months                   For the Nine Months
                                                        Ended September 30,                   Ended September 30,
                                                    -------------------------              -------------------------
                                                    2003                 2002              2003                 2002
                                                    ----                 ----              ----                 ----
<S>                                               <C>                  <C>            <C>                  <C>
Net Income                                        $ 646,777            $431,804       $ 1,132,246          $ 1,336,322
                                                 ==========          ==========       ===========          ===========
BASIC EARNINGS:

Weighted average number of common shares
     outstanding                                 16,937,678          17,052,347        16,892,153           17,134,464
                                                 ==========          ==========       ===========          ===========

Basic earnings per common share                       $0.04              $ 0.03             $0.07               $ 0.08

DILUTED EARNINGS:

Weighted average number of common shares
     outstanding                                 16,937,678          17,052,347        16,892,153           17,134,464
Stock options                                       228,098              98,507           126,756              325,133
                                                 ----------          ----------       -----------          -----------
Weighted average number of common shares
     outstanding, as adjusted                    17,165,776          17,150,854        17,018,909           17,459,597
                                                 ==========          ==========       ===========          ===========

Diluted earnings per common share                     $0.04              $ 0.03             $0.07               $ 0.08

</TABLE>

                                                                              16
#### Isabel Tinghino et al., Respondents, v Republic National Bank of New York, Defendant, and Michael Rikon, Appellant.

—In an action to recover damages for misappropriation and conversion of funds, the defendant Michael Rikon appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Williams, J.), dated December 13, 1990, as denied his motion to dismiss the complaint, insofar as it is asserted against him, on the ground of lack of personal jurisdiction.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant moved to dismiss the complaint, insofar as it is asserted against him, for lack of personal jurisdiction asserting that the plaintiffs did not fully comply with CPLR 308 (2) and that service was therefore defective.

*734We agree with the determination of the Supreme Court that there was no violation of any of the provisions of CPLR 308 (2) and that service was proper. In particular, we note, notwithstanding the appellant’s assertions to the contrary, that the return address on the envelope does not indicate that the communication was from an attorney, or that it concerned an action against the addressee *(see,*CPLR 308 [2]; *cf., Broomes-Simon v Klebanow,*160 AD2d 973). Bracken, J. P., Kooper, Lawrence, Balletta and O’Brien, JJ., concur.
(b) (4)
(b) (4) (b) (4) (b) (4) (b) (4)
(b) 

(4)

(b) (4) (b) (4) (b) (4) (b) (4) (b) (4) (b) (4) (b) (4) (b) (4) (b) (4) (b) (4) (b) (4)(b) (4)
(b) (4)
(b) (4) (b) (4) (b) (4)
# C_2012326EN.01004701.xml

| 26.10.2012 | EN | Official Journal of the European Union | C 326/1 |
| --- | --- | --- | --- |

26.10.2012

EN

Official Journal of the European Union

C 326/1

---

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

PART SIX

INSTITUTIONAL AND FINANCIAL PROVISIONS

INSTITUTIONAL AND FINANCIAL PROVISIONS

TITLE I

INSTITUTIONAL PROVISIONS

INSTITUTIONAL PROVISIONS

CHAPTER 4

THE EUROPEAN INVESTMENT BANK

Article 308

(ex Article 266 TEC)

(ex Article 266 TEC)

The European Investment Bank shall have legal personality.

The members of the European Investment Bank shall be the Member States.

The Statute of the European Investment Bank is laid down in a Protocol annexed to the Treaties. The Council acting unanimously in accordance with a special legislative procedure, at the request of the European Investment Bank and after consulting the European Parliament and the Commission, or on a proposal from the Commission and after consulting the European Parliament and the European Investment Bank, may amend the Statute of the Bank.

---
EXHIBIT 31.2

          CERTIFICATION PURSUANT TO RULE 13a-14(a) OF THE EXCHANGE ACT


I, T. Joseph Coleman, the Chief Financial Officer of Sun Network Group, Inc.,
certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Sun Network Group,
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 quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly 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 quarterly 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-14 and 15d-14) 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 quarterly 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
quarterly report (the "Evaluation Date"); and

      c) presented in this quarterly 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
functions):

      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
quarterly 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: May 23, 204


                                      /s/ T. Joseph Coleman
                                      --------------------------------------
                                      T. Joseph Coleman, Chief Financial Officer
# C_2016202EN.01016701.xml

| 7.6.2016 | EN | Official Journal of the European Union | C 202/167 |
| --- | --- | --- | --- |

7.6.2016

EN

Official Journal of the European Union

C 202/167

---

Article 281

(ex Article 245 TEC)

(ex Article 245 TEC)

The Statute of the Court of Justice of the European Union shall be laid down in a separate Protocol.

The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may amend the provisions of the Statute, with the exception of Title I and Article 64. The European Parliament and the Council shall act either at the request of the Court of Justice and after consultation of the Commission, or on a proposal from the Commission and after consultation of the Court of Justice.

---
# L_2012112EN.01009501.xml

| 24.4.2012 | EN | Official Journal of the European Union | L 112/6 |
| --- | --- | --- | --- |

24.4.2012

EN

Official Journal of the European Union

L 112/6

---

FINAL ACT

FINAL ACT

II.   DECLARATIONS

B.   JOINT DECLARATION BY VARIOUS PRESENT MEMBER STATES

Joint Declaration by the Federal Republic of Germany and the Republic of Austria on the free movement of workers: Croatia

The wording of paragraph 12 of the transitional measures on the free movement of workers under Directive 96/71/EC in Annex V, Section 2, to the Act of Accession is understood by the Federal Republic of Germany and the Republic of Austria in agreement with the Commission as meaning that ‘certain regions’ may, where appropriate, also comprise the entire national territory.

---
# New Hampshire_county_differenti