alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-18-00150-CR

Victor Javier Cruz TORRES,

Appellant

v.

The STATE of Texas,

Appellee

From the 227th Judicial District Court, Bexar County, Texas

Trial Court No. 2016CR9470

Honorable Kevin M. O’Connell, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: May 30, 2018

DISMISSED

On May 2, 2018, this court issued an order stating this appeal would be dismissed pursuant 

to Rule 25.2(d) unless an amended trial court certification that shows appellant has the right of 

appeal was made part of the appellate record within thirty days of the order. See TEX. R. APP. P.

25.2(d), 37.1; see also Daniels v. State, 110 S.W.3d 174, 175-76 (Tex. App.—San Antonio 2003, 

order). Appellant’s counsel filed a response in which he states that he has reviewed the clerk’s 

record and “can find no right of appeal” for appellant; counsel concedes that we may dismiss the 

appeal for that reason. In light of the record presented, Rule 25.2(d) requires this court to dismiss 
04-18-00150-CR

- 2 -

this appeal. TEX. R. APP. P. 25.2(d). The record does not contain a certification that shows the 

defendant has the right of appeal; to the contrary, the trial court certification in the record states 

“this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” The clerk’s 

record contains a written plea bargain, and the punishment assessed did not exceed the punishment 

recommended by the prosecutor and agreed to by the defendant; therefore, the clerk’s record 

supports the trial court’s certification that the defendant has no right of appeal. See TEX. R. APP.

P. 25.2(a)(2). Accordingly, we dismiss the appeal. See TEX. R. APP. P. 25.2(d).

PER CURIAM

Do not publish
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4335 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
115th CONGRESS
  2d Session
                                H. R. 4335

_______________________________________________________________________

                                 AN ACT

 
 To amend title 38, United States Code, to provide for headstones and 
markers for, and interment in national cemeteries of, deceased spouses 
and dependent children of members of the Armed Forces serving on active 
                     duty, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Servicemember Family Burial Act''.

SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF HEADSTONES AND 
              MARKERS FOR, AND INTERMENT IN NATIONAL CEMETERIES OF, 
              SPOUSES AND DEPENDENT CHILDREN OF MEMBERS OF THE ARMED 
              FORCES SERVING ON ACTIVE DUTY.

    (a) Headstones and Markers.--Section 2306(b)(2) of title 38, United 
States Code, is amended--
            (1) in subparagraph (B), by inserting ``, or the spouse of 
        a member of the Armed Forces serving on active duty under 
        conditions other than dishonorable, as shown by a statement 
        from a general court-martial convening authority, at the time 
        of the spouse's death if such death occurs before October 1, 
        2024'' after ``veteran''; and
            (2) in subparagraph (C), by inserting ``, or the eligible 
        dependent child of a member of the Armed Forces serving on 
        active duty under conditions other than dishonorable, as shown 
        by a statement from a general court-martial convening 
        authority, at the time of the child's death if such death 
        occurs before October 1, 2024'' after ``veteran''.
    (b) Interment in National Cemeteries.--Section 2402(a)(5) of such 
title is amended by inserting ``, and the spouse, minor child, and, in 
the discretion of the Secretary, unmarried adult child of a member of 
the Armed Forces serving on active duty under conditions other than 
dishonorable, as shown by a statement from a general court-martial 
convening authority, at the time of the spouse's or child's death if 
such death occurs before October 1, 2024'' after ``paragraph (7)''.

            Passed the House of Representatives May 7, 2018.

            Attest:

                                                                 Clerk.
115th CONGRESS

  2d Session

                               H. R. 4335

_______________________________________________________________________

                                 AN ACT

 To amend title 38, United States Code, to provide for headstones and 
markers for, and interment in national cemeteries of, deceased spouses 
and dependent children of members of the Armed Forces serving on active 
                     duty, and for other purposes.
```
Second Department,

August, 1991

(August 5, 1991)

#### Joyce Ahroni et al., Respondents, v City of New York, Appellant, L.K. Comstock & Co., Inc., Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. Perez Interboro Asphalt Co., Third-Party Defendant.

— In an action to recover damages for personal injuries, etc., the defendant City of New York appeals from (1) an order of the Supreme Court, Kings County (Greenstein, J.), entered June 5, 1989, which granted the motion of the defendant third-party plaintiff L.K. Comstock & Co., Inc., to strike its answer to the cross claim asserted pursuant to CPLR 3126 by L.K. Comstock & Co., Inc. and direct an inquest against the City of New York upon the cross claim, and (2) an order of the same court, entered May 30, 1990, which granted the plaintiffs’ motion to strike its answer to the complaint and ordered an inquest as to damages.

Ordered that the orders are reversed, on the law and as a matter of discretion in the interest of justice, the motions are denied, and the answer to the complaint and to the cross claim asserted by L.K. Comstock & Co., Inc. is reinstated; and it is further,

Ordered that the appellant is awarded one bill of costs.

We agree with the contention of the defendant City of New York (hereinafter the City) that the court improvidently exercised its discretion by striking part of its answer pursuant to CPLR 3126 due to defaults in responding to requests for discovery. It is well settled that the sanction of striking a pleading is a drastic one which should only be imposed where the moving party establishes that the failure to disclose is willful, contumacious or in bad faith, assuming compliance with a discovery demand or order is possible *(see, Mayers v Consolidated Charcoal Co.,*154 AD2d 577; *Beard v Peconic Foam Insulation Corp.,*149 AD2d 555; *Homburger v Levitin,**790130 AD2d 715). In the instant case we find that the moving defendant third-party plaintiff L.K. Comstock & Co., Inc. (hereinafter Comstock) and the plaintiffs have failed to make the requisite showing.

The record before us establishes that the City was less than prompt in disclosing the documents demanded of it by the plaintiffs and Comstock. Nevertheless, these documents were ultimately disclosed and they do appear to be helpful to the City’s case. Thus, far from presenting a more typical situation of a party’s deliberate refusal to disclose materials harmful to its position *(see, Zletz v Wetanson,*67 NY2d 711; *Sawh v Bridges,*120 AD2d 74), in the instant case the lack of willfulness on the part of the City in its disclosure delays is best illustrated by the fact that the documents demanded were potentially exculpatory to the City, which therefore had no reason to intentionally resist their disclosure. Accordingly, as the movants did not establish that the City’s discovery defaults were willful, contumacious or in bad faith, it was an improvident exercise of the court’s discretion to strike stated portions of the City’s answer. Bracken, J. P., Hooper, Miller and O’Brien, JJ., concur.
# C_2008272EN.01003704.xml

| 25.10.2008 | EN | Official Journal of the European Union | C 272/37 |
| --- | --- | --- | --- |

25.10.2008

EN

Official Journal of the European Union

C 272/37

---

Action brought on 12 August 2008 — Armamento Li Causi v Commission

(Case T-327/08)

(2008/C 272/75)

Language of the case: Italian

Parties

Applicant: Armamento Li Causi Snc (Marsala, Italy) (represented by: A. Maiorana, A. De Matteis and A. De Francesco, lawyers)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | Annul Commission Regulation (EC) No 530/2008 of 12 June 2008, published in OJ L 155 of 13 June 2008. |
| --- | --- |

—

Annul Commission Regulation (EC) No 530/2008 of 12 June 2008, published in OJ L 155 of 13 June 2008.

| — | Order the Commission to pay the costs of the proceedings. |
| --- | --- |

—

Order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

The pleas in law and main arguments are the same as those relied on in Case T-313/08 Veromar di Tudisco Alfio & Salvatore S.n.c v Commission.

Veromar di Tudisco Alfio & Salvatore S.n.c

Commission

---
EXHIBIT 32.1

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

I, Glenn Welstad, President, and Chief Executive Officer of Command Center, Inc.
(the  "Company")  do hereby  certify,  pursuant to 18 U.S.C.  Section  1350,  as
adopted pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002, that, to my
knowledge:

This Quarterly Report on Form 10-QSB of the Company for the fiscal quarter ended
March 31,  2006,  as filed with the  Securities  and  Exchange  Commission  (the
"report"), fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and

The  information  contained  in the  report  fairly  presents,  in all  material
respects, the financial condition and results of operations of the Company.


Date: May 12, 2006

/s/ Glenn Welstad
-------------------------------------
Glenn Welstad
President and Chief Executive Officer


                                 10-QSB Page 18
# Cumberland - Appalachian Regional Commission

- Lake Cumberland Area Development District, Inc. Executive Director Waylon Wright Email w&#97;&#121;&#x6c;&#x6f;n&#64;&#108;&#99;&#x61;&#x64;d&#46;&#111;&#114;&#x67;The post Lake Cumberland Area Development District, Inc. appeared first on Appalachian Regional Commission.
# C_2008197EN.01001602.xml

| 2.8.2008 | EN | Official Journal of the European Union | C 197/16 |
| --- | --- | --- | --- |

2.8.2008

EN

Official Journal of the European Union

C 197/16

---

Action brought on 20 June 2008 — Commission of the European Communities v Republic of Malta

(Case C-269/08)

(2008/C 197/28)

Language of the case: Maltese

Parties

Applicant: Commission of the European Communities (represented by: M. Condou-Durande and K. Xuereb, Agents)

Applicant:

Defendant: Republic of Malta

Defendant:

The applicant claims that the Court should:

| — | declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/83/EC (1) of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted or, in any event, by failing to notify those provisions to it, the Republic of Malta has failed to fulfil its obligations under the Directive; |
| --- | --- |

—

declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/83/EC (1) of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted or, in any event, by failing to notify those provisions to it, the Republic of Malta has failed to fulfil its obligations under the Directive;

1

| — | order the Republic of Malta to pay the costs. |
| --- | --- |

—

order the Republic of Malta to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed expired on 10 October 2006

---

(1)  OJ L 304, p. 12.

1

---
EXHIBIT 21.1
 CRAFTMADE INTERNATIONAL, INC. AND ITS SUBSIDIARIES
SUBSIDIARIES OF CRAFTMADE INTERNATIONAL, INC.
AS OF JUNE 30, 2008
  State ofCorporate Name
    
    OrganizationDurocraft International, Inc.
    
    TexasC/D/R Incorporated
    
    DelawareTrade Source International, Inc. (TSI)
    
    DelawareTSI Prime Asia Limited
    
    Hong KongElitex Development Limited
    
    Hong KongPrime/Home Impressions, LLC
    
    North CarolinaDesign Trends, LLC
(in which Craftmade owns a 50%
interest)
    
    DelawareWoodard-CM, LLC
    
    DelawareCM-Real Estate, LLC
    
    Delaware
Exhibit 32





CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER



Pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350)



The undersigned, as the Chief Executive Officer and Chief Accounting Officer of TransCommunity Financial Corporation, respectively, certify that, to the best of each such individuals knowledge and belief, the Quarterly Report on Form 10-Q for the period ended September 30, 2006, which accompanies this certification, fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of TransCommunity Financial Corporation at the dates and for the periods indicated.  The foregoing certification is made pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350) and shall not be relied upon for any other purpose.  The undersigned expressly disclaim any obligation to update the foregoing certification except as required by law.









|                                   
|-----------------------------------
|                                   
|/s/ Bruce B. Nolte                 
|Bruce B. Nolte                     
|President & Chief Executive Officer





|                        
|------------------------
|                        
|/s/ Thomas M. Crowder   
|Thomas M. Crowder       
|Chief Accounting Officer





Dated: February 26, 2007
# C_2008209EN.01005701.xml

| 15.8.2008 | EN | Official Journal of the European Union | C 209/57 |
| --- | --- | --- | --- |

15.8.2008

EN

Official Journal of the European Union

C 209/57

---

Action brought on 11 June 2008 — Bundesverband Deutscher Milchviehhalter and Others v Council

(Case T-217/08)

(2008/C 209/102)

Language of the case: German

Parties

Applicants: Bundesverband Deutscher Milchviehhalter eV (Bonn Germany), Romuald Schaber (Petersthal, Germany), Stefan Mann (Eberdorfergrund, Germany) and Walter Peters (Körchow, Germany) (represented by: W. Renner and O. Schniewind, lawyers)

Applicants:

Defendant: Council of the European Union

Defendant:

Form of order sought

| — | declare that Council Regulation (EC) No 248/2008 of 17 March 2008 amending Regulation (EC) No 1234/2007 as regards the national quotas for milk (OJ 2008 L 76, p. 6) is invalid; |
| --- | --- |

—

declare that Council Regulation (EC) No 248/2008 of 17 March 2008 amending Regulation (EC) No 1234/2007 as regards the national quotas for milk (OJ 2008 L 76, p. 6) is invalid;

| — | order the defendant to pay the costs. |
| --- | --- |

—

order the defendant to pay the costs.

Pleas in law and main arguments

The applicant brings an action against Regulation (EC) No 248/2008 (1) by which the national quotas for milk laid down in Annex IX to Regulation (EC) No 1234/2007 (2) until 1 August 2008 to facilitate greater milk production in the Community and to meet the new requirements of the market in milk were increased by 2 %.

1

2

In support of its action the applicant claims, first, that the increase in the national quotas for milk is a misuse of discretionary powers since it pursues grounds other than those indicated in the recitals.

In addition the regulation being challenged infringes the EC Treaty, as Article 37(2) EC is applied erroneously as a provision authorising disregard of the objectives set out in Article 33(1)(a) and (b) EC, the environmental protection requirements within the meaning of Article 6 EC has been unlawfully disregarded and the duty of conservation and safeguarding of cultural heritage in the Community under Article 151 EC has been infringed.

Furthermore, there is an infringement of the applicant's freedom to choose a profession and to own property and of the principle of non-discrimination.

---

(1)  Council Regulation (EC) No 248/2008 of 17 March 2008 amending Regulation (EC) No 1234/2007 as regards the national quotas for milk (OJ 2008 L 76, p. 6).

1

(2)  Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (OJ 2007 L 299, p. 1).

2

---
EXHIBIT 32.1





CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER


PURSUANT TO SECTION 906 OF THE


SARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION 1350





In connection with the Quarterly Report of Command Center, Inc. (the “Company”) on Form 10-Q for the period ended April 1, 2011, to be filed with the Securities and Exchange Commission on or about the date hereof (the “Report”), I, Glenn Welstad, Chief Executive Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, 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 at the dates and for the periods covered by the Report.





It is not intended that this statement be deemed to be filed for purposes of the Securities Exchange Act of 1934.







Dated:  May 4, 2012/s/Glen WelstadGlen WelstadChief Executive Officer
# C_2008247EN.01001601.xml

| 27.9.2008 | EN | Official Journal of the European Union | C 247/16 |
| --- | --- | --- | --- |

27.9.2008

EN

Official Journal of the European Union

C 247/16

---

Action brought on 15 July 2008 — Austria v Commission

(Case T-281/08)

(2008/C 247/30)

Language of the case: German

Parties

Applicant: Republic of Austria (represented by: C. Pesendorfer)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | annul Commission Decision C(2008) 1625 Final of 30 April 2008 on State aid No C 56/2006 (ex NN 77/2006) of Austria for the privatisation of Bank Burgenland; |
| --- | --- |

—

annul Commission Decision C(2008) 1625 Final of 30 April 2008 on State aid No C 56/2006 (ex NN 77/2006) of Austria for the privatisation of Bank Burgenland;

| — | order the Commission to pay the costs. |
| --- | --- |

—

order the Commission to pay the costs.

Pleas in law and main arguments

The applicant challenges Commission Decision C(2008) 1625 Final of 30 April 2008 in which the Commission decided that the State aid implemented by Austria in breach of Article 88(3) EC for the insurance company Grazer Wechselseitige Versicherung AG and to GW Beteiligungserwerbs- und -verwaltungs-GmbH in connection with the privatisation of HYPO Bank Burgenland AG is incompatible with the common market.

With regard to the grounds of the application, reference is made to the summary of pleas in law relating to Case T-268/08 Land Burgenland v Commission.

Land Burgenland

Commission

---
Exhibit 32

CERTIFICATION WITH RESPECT TO ANNUAL REPORT OF

LANDRYS
RESTAURANTS, INC.

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
Section 1350, Chapter 63 of title 18, United States Code), each of the undersigned officers of Landrys Restaurants, Inc. (the Company), does hereby certify to such officers knowledge that:

The Annual Report on Form 10-K for the year ended December 31, 2010 (the Form 10-K) of the Company fully complies with
the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the
Company as of, and for, the periods presented in the Form 10-K.

Date: March 16, 2011



/s/ Tilman J. FertittaTilman J. Fertitta Chairman of
the Board, President and Chief Executive Officer/s/ Rick H. LiemRick H. Liem Executive Vice
President and Chief Financial Officer


[The foregoing certification is being furnished as an exhibit to the Form 10-K pursuant to Item 601 (b)(32) of Regulation S-K and Section 906 of the Sarbanes-Oxley Act of 2002 (subsections
(a) and (b) of Sections 1350, Chapter 63 of the Title 18, United States Code) and, accordingly, is not being filed as part of the Form 10-K for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not
incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.]
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED OC TOBER 2 4 , 2014

NO. 03

- 14

- 00429

- CV

Liam Shawn Doyle, Appellant

v.

Rosalie Ann Doyle, Appellee

APPEAL FROM 353RD DISTRICT COURT OF TRAVIS COUNTY

BEFORE CHIEF JUSTICE JONES, JUS TICES ROSE AND GOODW IN

DISMISSED ON APPELLANT’S MOTION

-- OPINION BY JUSTICE ROSE

This is an appeal from the judgment signed by the tr i a l court on May 29, 2014

. Appellant has

fil ed a motion to dismiss the appeal, and having considered the motion, the Court agrees that the

motion should be granted. Therefore, the Court grants the motion and dismisses the appeal

. The

appellant shall pay all costs relating to this appeal, both in t his Court and the court below.
# Morgan - Appalachian Regional Commission

- North Central Alabama Regional Council of Governments Executive Director Robby Cantrell Email r&#99;&#x61;&#x6e;t&#114;&#x65;&#x6c;l&#64;&#110;&#x61;&#x72;c&#111;&#x67;&#x2e;o&#114;&#x67;The post North Central Alabama Regional Council of Governments appeared first on Appalachian Regional Commission.