alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ruth E. JACKSON, Appellant, v. Jessie Swann SMITH et al., Appellees.

No. 5075.

Court of Civil Appeals of Texas. Beaumont.

June 30, 1955.

Hughes & Clampitt, Jasper, for appellant.

Lewis Lanier, Jasper, for appellees.

R. L. MURRAY, Chief Justice.

This is an appeal by Ruth E. Jackson, the appellant, from a judgment in the district court of Jasper County, denying her application for writ of injunction against Jessie Swann Smith et al., appellees.

Appellant brought suit seeking to enjoin appellees from making a sale under a deed of trust executed by the appellant, on the ground that the property about to be sold under the powers of the deed of trust was and had been at all times material the homestead of herself, a feme sole, living on the property with her minor children.

The case is before us on an agreed statement of facts. The appellant is and was a feme sole living on the property as a homestead with her minor children at the time she signed a note and deed of trust on the land. The appellee Jessie Swann Smith is the owner of the note and lien. The indebtedness is past due and unpaid and the ap-pellee Smith has called upon the trustee named in said instrument to make a sale of the land under the powers of the deed of trust and said trustee has posted notices thereunder. As stated by the appellant in her brief, the only question involved is, Did the deed of trust create a lien upon the land in question?

Appellant says that since the property was the homestead of the appellant, the deed of trust did not create a valid lien on said property and was in violation of Article 16, § 50, of the Constitution of the State of Texas and Article 3852, Vernon’s Annotated Civil Statutes of Texas.

The Supreme Court of Texas, in a long line of decisions, has held that “under our laws, there can be no doubt of the full power of a surviving husband or wife to mortgage the homestead owned as his or her separate estate, or the community homestead to secure a community debt, although it constitutes, at the time, the home of other constituents of the family.” Spencer v. Schell, 107 Tex. 44, 173 S.W. 867. This decision by the Supreme Court has been consistently followed and states the law applicable to. this case. Allen v. Farm & Home Savings & Loan Association, Tex.Civ.App., 58 S.W. 2d 866; Bagwell v. Hunt, Tex.Civ.App., 65 S.W.2d 369; 22 Tex.Juris. 145; Straus v. Brooks, 136 Tex. 141, 148 S.W.2d 393, Commission of Appeals, opinion adopted by the: Supreme Court.

The law thus enunciated makes it clear that the deed of trust did create a valid lien on appellant’s property and the trial court did not err in refusing to enjoin the sale thereof. The judgment is affirmed.
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 10

- 00353

- CV

RUSH SEARCH PARTNERS , LTD. APPELLANT

V.

DEKALB MEDICAL CENTE R, INC. APPELLEE

----------

FROM THE 367TH DISTRICT COURT OF DENTON COUNTY

----------



### MEMORANDUM OPINIO N 1

---------- Appellant Rush Search Partners, Ltd. attempts to appeal from the trial

court’s September 16, 2010 order granting Appellee DeKalb Medical Center,

Inc.’s special appearance. Appellant filed a timely notice of appeal

. However,

the trial court subsequently signed an order vacatin g the September 16, 2010

order.

1 See Tex. R. App. P. 47.4.2

On January 6 , 201 1 , we informed the parties that it appeared the trial

court ’ s rescinding order rendered this appeal moot and that the appeal would be

dismissed as moot unless, on or bef ore January 18, 201 1 , any party desiring to

continue the appeal filed a response showing grounds for continuing the appeal.

Neither party filed a response.

Accordingly, we dismiss the appeal as moot. See Tex. R. App. P. 42.3(a),

43.2(f).

PER CURIAM

PANEL : GARDNER, WALKER, and MCCOY, JJ.

DELIVERED: February 24, 2011
Exhibit 99.1

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 CareScience, Inc. (the "Company") on Form 10-Q for the quarter ended March 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, David J. Brailer, Chief Executive 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:



|                                                            |  | 
|----------------------------------------------------------- |  | 
|/s/DAVID J. BRAILERDavid J. Brailer
Chief Executive Officer |  | 
|May 1, 2003                                                 |  | 

---

QuickLinks
#### C. C. BRUNNER, Appellant, v. Ethel MORGAN, Appellee.

Court of Appeals of Kentucky.

Dec. 5, 1957.

Rehearing Denied Dec. 12, 1958.

*883C. L. Bell, Josiah B. Gathright, Louisville, for appellant.

Hector E. Rose, Robert Hubbard, Louisville, for appellee.

MONTGOMERY, Judge.

This contest involves the title obtained by appellant, C. C. Brunner, to certain real estate situated in Louisville, Jefferson County, Kentucky, under a tax deed. The Chancellor adjudged the deed to be void.

The sole question presented is whether it is mandatory under KRS 91.470 that a levy be made upon personal property before the taxpayer’s real property may be sold for the collection of taxes.

Appellee, Ethel Morgan, by uncontradict-ed proof, showed that she owned personal property out of which the pertinent taxes could have been collected. No effort was made by the tax collector to discover any personal property upon which to make a levy except an unsuccessful examination of his records.

Appellant contends that KRS 91.480(3) renders directory KIRS 91.470 and 91.480 (1) (2). The same contention was unsuccessfully made in Brunner v. Bell, Ky., 290 S.W.2d 461. A full discussion of the statutes and principles involved is contained therein. Brunner v. Bell, supra, is controlling here.

Judgment affirmed.
I 

112TH CONGRESS 

1ST SESSION H. R. 1512 

To amend the Federal Reserve Act to remove the representatives of the 

Federal Reserve banks from membership on the Federal Open Market 

Committee. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2011 

Mr. FRANK of Massachusetts introduced the following bill; which was referred 

to the Committee on Financial Services 

A BILL 

To amend the Federal Reserve Act to remove the representatives of the Federal Reserve banks from membership 

on the Federal Open Market Committee. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REMOVAL OF FEDERAL RESERVE BANK REP4 RESENTATIVES FROM FOMC. 

5 Section 12A of the Federal Reserve Act is amended 

6 by striking ‘‘and five representatives of the Federal Re7 serve banks to be selected as hereinafter provided. Such 

8 representatives shall be presidents or first vice presidents 

9 of Federal Reserve banks and, beginning with the election 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•HR 1512 IH

1 for the term commencing March 1, 1943, shall be elected 

2 annually as follows: One by the board of directors of the 

3 Federal Reserve Bank of New York, one by the boards 

4 of directors of the Federal Reserve Banks of Boston, 

5 Philadelphia, and Richmond, one by the boards of direc6 tors of the Federal Reserve Banks of Cleveland and Chi7 cago, one by the boards of directors of the Federal Reserve 

8 Banks of Atlanta, Dallas, and St. Louis, and one by the 

9 boards of directors of the Federal Reserve Banks of Min10 neapolis, Kansas City, and San Francisco. In such elec11 tions each board of directors shall have one vote; and the 

12 details of such elections may be governed by regulations 

13 prescribed by the committee, which may be amended from 

14 time to time. An alternate to serve in the absence of each 

15 such representative shall likewise be a president or first 

16 vice president of a Federal Reserve bank and shall be 

17 elected annually in the same manner.’’ and inserting a pe18 riod. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth ___________________________

No. 02-20-00150-CR

___________________________

On Appeal from the 396th District Court

Tarrant County, Texas

Trial Court No. 1543876D

Before Wallach, J.; Sudderth, C.J.; and Gabriel, J.

Per Curiam Memorandum Opinion

DAKARI SMITH, Appellant

V.

THE STATE OF TEXAS
2

MEMORANDUM OPINION

Pursuant to a plea bargain, the trial court convicted pro se Appellant Dakari 

Smith of evading arrest or detention with a vehicle and sentenced him to twenty-five 

years’ confinement. Appellant filed a notice of appeal more than two years later.

Because we have no jurisdiction, we dismiss this appeal.

Appellant pled guilty to evading arrest or detention with a vehicle and true to 

the habitual-offender allegations in exchange for a sentence of twenty-five years. See

Tex. Penal Code Ann. §§ 12.42(d), 38.04(b)(2)(A). On July 9, 2018, the trial court 

convicted and sentenced him in accordance with the bargain.

1 Appellant did not file a 

motion for new trial. His notice of appeal was therefore due by August 8, 2018, but he 

did not file it until October 20, 2020. See Tex. R. App. P. 26.2(a) (providing that a 

notice of appeal must be filed within thirty days of sentencing absent a timely motion 

for new trial). Thus, Appellant filed his notice of appeal more than two years too late.

See id.; Taylor v. State, No. 02-19-00059-CR, 2019 WL 1574984, at *1 (Tex. App.—Fort 

Worth Apr. 11, 2019, no pet.) (per curiam) (mem. op., not designated for publication).

We informed Appellant by letter of our concern that we lack jurisdiction over 

this appeal because his notice of appeal was untimely filed. See Tex. R. App. P. 26.2(a). 

1

The plea paperwork indicates that Appellant was subject to a range of 

punishment of 25–99 years or life as a habitual offender. He judicially confessed not 

only to evading arrest or detention with a vehicle but also to the truth of the State’s 

deadly-weapon and habitual-offender allegations. The trial court found both of those 

allegations true.
3

We stated that the appeal would be subject to dismissal absent a response showing 

grounds for continuing it. We received no response.

A notice of appeal that complies with the requirements of Rule 26 is essential 

to vest this court with jurisdiction over an appeal. See Tex. R. App. P. 26.2. The Texas 

Court of Criminal Appeals has expressly held that without a timely filed notice of 

appeal, we cannot exercise jurisdiction over an appeal. Olivo v. State, 918 S.W.2d 519, 

522 (Tex. Crim. App. 1996).

Because Appellant filed his pro se notice of appeal too late, we dismiss this 

appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); Taylor, 2019 WL 1574984, 

at *1.

Per Curiam

Do Not Publish

Tex. R. App. P. 47.2(b)

Delivered: December 3, 2020
Sun Valley v. City of Harlingen

Moran, David to: Kevin Willis, Stacy Swigart, Elizabeth

Newman 05/30/2012 05:05 PM

Cc: "clyde@svatx.com", "'mrclyde_2003@hotmail.com'"

Kevin, Beth and Stacy:

As requested, I wanted to provide you with an update on the progress we have made at Valley

International Airport/City of Harlingen, Texas.

The City received a FAA grant offer for the construction of the North GA Apron on May 8th, 2012 and

the Airport returned an executed copy on the same day.

A pre-construction meeting was held with the contractor, Foremost Construction, on May 18.

Foremost has notified the Airport that construction is to begin on June 18 with an expected completion

date of September 28, 2012.

As I have indicated in the past, we believe these actions show our commitment to the grant

assurances and we look forward to improvements for all concerned at Valley International Airport.

I am copying Mr. Kornegay on this email.

Thank you

David Moran

Jackson Walker L.L.P

901 Main Street Suite 6000

Dallas, TX 75202

O: (214) 953-6051

F: (214) 661-6677

M: (972) 672-4001

dmoran@jw.com

www.jw.com
<PAGE>

                                                                    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

In connection with the Quarterly Report of Tvia, Inc. (the "Registrant") on Form
10-Q for the period ended September 30, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report") I, Eli Porat, Chief
Executive Officer and President of the Registrant, certify, in accordance with
18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that based on my knowledge:

         (1) the Quarterly Report on Form 10-Q of the Registrant, to which this
         certification is attached as an exhibit (the "Report"), fully complies
         with the requirements of section 13(a) of the Securities Exchange Act
         of 1934 (15 U.S.C. 78m); and

         (2) the information contained in the Report fairly presents, in all
         material respects, the financial condition and results of operations of
         the Registrant.

Dated: November 14, 2003                  /s/ Eli Porat
                                          --------------------------------------
                                          Eli Porat
                                          Chief Executive Officer and President
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-14-00126-CR

Joel Price MORRIS,

Appellant

v.

The STATE of Texas,

Appellee

From the 216th Judicial District Court, Kendall County, Texas

Trial Court No. 5226

Honorable N. Keith Williams, Judge Presiding

BEFORE JUSTICE BARNARD, JUSTICE ALVAREZ, AND JUSTICE PULLIAM

In accordance with this court’s opinion of this date, the trial court’s judgment is 

AFFIRMED.

SIGNED August 12, 2015.

_____________________________

Patricia O. Alvarez, Justice
#### J. T. PITCOCK, Appellant, v. STATE of Texas, Appellee.

No. 30711.

Court of Criminal Appeals of Texas.

May 13, 1959.

See also 322 S.W.2d 537.

No attorney of record on appeal for appellant.

Dan Walton, Dist. Atty., Houston, Thomas D. White, Samuel H. Robertson, Jr., and Lee P. Ward, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State’s Atty., Austin, for the State.

WOODLEY, Judge.

The offense is felony theft; the punishment, eight years.

The case was jointly tried with our No. 30,708, 324 S.W.2d 866, and our No. 30,710, 324 S.W.2d 867, upon a plea of guilty without a jury.

The indictment alleged the fraudulent taking of $138.62 from Catherine Rush, without her consent.

There was no prior statement of this witness which could have been offered under the stipulation by appellant and his counsel. The attorney representing the State merely stated that if she were present she would testify to certain facts, without proof of which the allegations of the indictment were not sustained.

The judgment is reversed and the cause remanded.
**EXHIBIT 23**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

The Board of Directors of 

Electro ScientificIndustries, Inc.: 

We consent to the incorporation by reference in the registration statements (Nos. 033-65477, 333-35927, 333-84552 and333-88727) on Form S-3 and registration statements (Nos. 033-63705, 333-16485, 333-16487, 333-29513, 333-35917, 333-46443, 333-55060, 333-67356, 333-88411, 333-122660, 333-122661, 333-122662, 333-137878, 333-137879, 333-146107, 333-151804,333-155978, and 333-162876) on Form S-8 of Electro Scientific Industries, Inc. and subsidiaries of our reports dated June 15, 2010, with respect to the consolidated balance sheets of Electro Scientific Industries, Inc. and subsidiaries as ofApril 3, 2010 and March 28, 2009 and the related consolidated statements of operations, shareholders’ equity and comprehensive income (loss), and cash flows for the years ended April 3, 2010 and March 28, 2009, and theten-month period ended March 29, 2008, and the effectiveness of internal control over financial reporting as of April 3, 2010, which reports appear in the April 3, 2010 annual report on Form 10-K of Electro Scientific Industries, Inc.and subsidiaries. 

/s/ KPMG LLP 

Portland, Oregon 

June 15, 2010
EXHIBIT 24.6

POWER OF ATTORNEY

(Annual Report on Form 10-K)

The undersigned, an officer and/or director of Electro Scientific Industries, Inc., constitutes and appoints Nicholas Konidaris and Kerry Mustoe, and each of them, his
or her true and lawful attorney and agent to do any and all acts and things and execute in his or her name as an officer or director of the Company the Annual Report on Form 10-K for the year ended June 3, 2006 and any and all amendments
thereto, and to file the same, with all exhibits thereto, and other documents in connection therewith, with the Securities and Exchange Commission; and the undersigned does hereby ratify and confirm all that said attorneys and agents and each of
them shall do or cause to be done by virtue hereof. Any one of said attorneys or agents shall have, and may exercise, all powers conferred.

Dated:
July 20, 2006.



/s/ KEITH L. THOMSONKeith L. Thomson
#### Frank Millard JONES, Appellant, v. The STATE of Texas, Appellee.

No. 28341.

Court of Criminal Appeals of Texas.

May 2, 1956.

No attorney for appellant of record on appeal for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

PER CURIAM.

The offense is driving while intoxicated as a second'offender; the punishment, one year.

Accompanying the record is an affidavit in proper form executed by the appellant requesting the dismissal of the appeal.

The request is granted, and the appeal is dismissed.
#### Gonzalo V. GONZALEZ, Appellant, v. The STATE of Texas, Appellee.

No. 28083.

Court of Criminal Appeals of Texas.

April 4, 1956.

Paul Andow, El Paso, for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

WOODLEY, Judge.

The conviction is for driving an automobile upon a public'street while intoxicated; *777the punishment, 30 days in jail and a fine of $100.

The record contains no statement of facts, and what is denominated a bill of exception is but an unverified motion for new trial which is followed by the notation “Motion overruled. R. E. Crawford, Judge.”

This does not constitute a certification by the trial judge that the matter complained of in fact occurred, and presents nothing for review.

The judgment is affirmed.
IN THE SUPREME COURT OF PENNSYLVANIA

In the Matter of

JOHN CHURCHMAN SMITH, JR.

 

:

:

:

:

:

:

:

No. 2363 Disciplinary Docket No. 3

No. 193 DB 2016

Attorney Registration No. 58234

(Philadelphia)

ORDER

PER CURIAM

AND NOW, this 25th day of January, 2019, on certification by the Disciplinary 

Board that John Churchman Smith, Jr., who was suspended on consent for a period of 

one year, has filed a verified statement showing compliance with the Order of 

Suspension and Pa.R.D.E. 217, John Churchman Smith, Jr. is reinstated to active 

status.
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 

 

We consent to the incorporation by reference in Registration Statements on Form S-3 (Nos. 333-151572 and 333-41051), Form S-3D (No. 333-20375), Form S-8 (Nos. 333-151425, 333-151424, 333-34869 and 333-34871) and Form S-8 (No. 333-18845) as amended by Post Effective Amendment No. 1 on Form S-8/A, of Merchants Bancshares, Inc. of our report dated March 13, 2015, relating to the consolidated financial statements and effectiveness of internal control over financial reporting, appearing in the December 31, 2014 Annual Report on Form 10-K. 

 

Crowe Horwath LLP 

 

 

Cleveland, Ohio 

March 13, 2015

----
### THE THIRTEENTH COURT OF APPEALS

13

- 23

- 00571

- CV

AHMED EL SAYED

v. ANNA GHALUMIAN

On Appeal from the 73rd District Court of Bexar County , Texas Trial Court Cause No. 2023CI08741

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause on
appeal, concludes the appeal should be dismissed

. The Court orders the appeal DISMISSED in accordance with its opinion . Costs of the appeal are adjudged against
appellant.

We further order this decision certified below for observance.
August 22, 2024
Exhibit 32.1



CERTIFICATION



Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended (the Exchange Act), and Section
1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. § 1350), Michael M. Wick, M.D., Ph.D., the Chairman and Chief Executive Officer of Telik, Inc. (the Company), and Cynthia M. Butitta, the Chief Operating Officer
and Chief Financial Officer of the Company, each hereby certifies that, his or her knowledge:



1.The Companys Quarterly Report on Form 10-Q for the period ended June 30, 2004, to which this Certification is attached as Exhibit 32.1 (the Periodic Report), fully complies with the
requirements of Section 13(a) or Section 15(d) of the Exchange Act; and



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



In Witness Whereof, the undersigned have set their hands hereto as of the 5thday of August, 2004.



|                                                                  |  |                                                                       
|----------------------------------------------------------------- |  | ----------------------------------------------------------------------
|/s/ MICHAEL M. WICK                                               |  | /s/ CYNTHIA M. BUTITTA                                                
|Michael M. Wick, M.D., Ph.D. Chairman and Chief Executive Officer |  | Cynthia M. Butitta Chief Operating Officer and Chief Financial Officer



This certification accompanies the
Form 10-Q to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Securities Exchange Act of
1934, as amended (whether made before or after the date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.