alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Quincy Deshan Butler v. Bank of America

Appellate case number: 01-19-00172-CV

Trial court case number: 2018-40373

Trial court: 55th District Court of Harris County

Appellant Quincy Deshan Butler, an inmate, appeals the trial court’s judgment dismissing 

his underlying civil action for want of prosecution. On appeal, appellant filed an affidavit of 

inability to pay costs but has failed to comply with the additional requirements of Chapter 14 of 

the Texas Civil Practices and Remedies Code governing inmate litigation.

Section 14.004 of the Texas Civil Practice and Remedies Code provides that an inmate 

who files an affidavit or unsworn declaration of inability to pay costs must file an additional 

affidavit or declaration identifying each prior lawsuit, other than an action under the Family Code, 

filed by the inmate without legal representation. TEX. CIV. PRAC. & REM. CODE § 14.004(a). As 

to each prior lawsuit, the affidavit or declaration must specify the operative facts, the case name 

or style, the cause number, the court in which it was brought, the names of the parties, and the 

result of the suit. Id. If a previous action or claim was dismissed as frivolous or malicious, the 

affidavit or unsworn declaration of previous filings must state the date of any final judgment or 

order affirming the dismissal. TEX. CIV. PRAC. & REM. CODE § 14.004(b).

Additionally, the affidavit or unsworn declaration of previous filings must be accompanied 

by a certified copy of the inmate’s trust account statement reflecting the balance of the account at 

the time the appeal was filed and all account activity during the six months preceding the date the 

appeal was filed. TEX. CIV. PRAC. & REM. CODE §§ 14.004(c); 14.006(f); see Douglas v. Moffett, 

418 S.W.3d 336, 339 (Tex. App.—Houston [14th Dist.] 2013, no pet.).

Appellant has not filed an additional affidavit or declaration relating to previous filings nor 

has appellant filed a certified copy of his inmate trust account statement. Unless all documents 

required by Chapter 14 of the Texas Civil Practices and Remedies Code are filed by December 7, 

2019, this appeal may be dismissed without further notice. See Gozowski v. T.D.C.J.–I.D., No. 

12-14-00350-CV, 2014 WL 6983246, *1 (Tex. App.—Tyler Dec. 10, 2014, no pet.); Hickman v. 

Tex. Dep’t of Criminal Justice, No. 13-12-00437-CV, 2013 WL 3770916, at *2 (Tex. App.—

Corpus Christi July 18, 2013, no pet.); Douglas v. Turner, 441 S.W.3d 337, 339 (Tex. App.—

Waco May 9, 2013, no pet.).
It is so ORDERED.

Judge’s signature: _____/s/ Sherry Radack____

 Acting individually  Acting for the Court

Date: __November 7, 2019___
**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 Lion Capital Holdings, Inc. (the
      "Company")  on  Form 10-QSB for the period
      ended  September 30, 2007 as filed with 
the  Securities  and  Exchange  Commission
      on the date hereof (the "Report"), I, Timothy T.
      Page,  Chief  Executive Officer  and
      Chairman  of the Board of
      Directors  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) 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.





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      the Company and will be retained by the Company and furnished to the Securities
      and Exchange Commission or its staff upon request.






Date:
              November 9, 2007
            
            /s/
              Timothy T. PageTimothy
              T.
              PageChief
              Executive
              Officer and Chairman of the Board
              of Directors
EXHIBIT 32.1





STATEMENT PURSUANT TO SECTION 906 THE SARBANES-OXLEY ACT OF 2002


BY PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER








I, Keith Brackpool, herby certify, to my knowledge, that:





1. the accompanying Annual Report on Form 10-K of Cadiz Inc. for the year ended December 31, 2009 (the "Report") fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities and Exchange Act of 1934, as amended; and





2. the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Cadiz Inc.





IN WITNESS WHEREOF, the undersigned has executed this Statement as of the date first written above.





Dated: March 15, 2010





/s/ Keith Brackpool


Keith Brackpool


Chairman and Chief Executive Officer
Exhibit
23.1                                      Consent of
Independent Registered Public Accounting Firm








We
consent to the incorporation by reference in the Registration Statements on Form
S-8 (No. 333-18557, No. 033-60113, No. 333-18543,
No. 333-120242, No. 333-36693) and Form S-3D (No. 333-20683) of
Capital City Bank Group, Inc. of our reports dated March 12, 2009, with respect
to the consolidated financial statements of Capital City Bank Group, Inc. and
the effectiveness of internal control over financial reporting of Capital City
Bank Group, Inc., included in this Annual Report (Form 10-K) for the year ended
December 31, 2008.





/s/ Ernst & Young LLP





Birmingham,
Alabama


March 12,
2009
**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 Interbank Capital Corp. (the “Company”) on Form 10-QSB for the period ended June 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Anthony N. DeMint, President and Chief Accounting 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) 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/ Anthony DeMint                                            |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

Anthony N. DeMint

President and Chief Accounting Officer

August 9, 2005
<PAGE>

EXHIBIT 16

September 15, 2005

Securities and Exchange Commission
450 Fifth St.
Washington D.C.

Dear Sirs:

Re: PurchaseSoft, Inc.

This is to confirm that the Client-Auditor relationship between PurchaseSoft,
Inc. and Spector & Wong, LLP, CPA's has ceased.

We have read Item 4.01 of the Report on Form 8-K of PurchaseSoft, Inc. and agree
with statements contained therein as they relate to me as the auditor.


Very truly yours,

/s/ Harold Spector
-----------------------------
Spector & Wong, LLP




                                       45
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

	NO. 2-03-333-CV

JOHN CHRISTIAN	APPELLANT

	V.

WERATICH INVESTMENTS, INC.	APPELLEE

	----------

	FROM THE 271ST DISTRICT COURT OF WISE COUNTY

	----------

	MEMORANDUM OPINION1 AND JUDGMENT

	----------

We have considered “Appellant’s Motion To Dismiss.”  It is the court's opinion that the motion should be granted; therefore, we dismiss the appeal.  See TEX. R. APP. P. 42.1(a)(1), 43.2(f).

Appellant shall pay all costs of this appeal, for which let execution issue.

PER CURIAM	

PANEL D:	MCCOY, J.; CAYCE, C.J.; and LIVINGSTON, J.

		         DELIVERED: February 26, 2004
EX-10.3(A)



 Exhibit 10.3(a) 

June 1, 2016 
 Graham Capital Management, L.P. 

Rock Ledge Financial Center 
 40 Highland Avenue 

Rowayton, CT 06853 
 Attention: Mr. Paul Sedlack 

 

	 	Re:	Management Agreement Renewals 

 Dear Mr. Sedlack: 

We are writing with respect to your management agreements concerning the commodity pools to which reference is made below (the
“Management Agreements”). We are extending the term of the Management Agreements through June 30, 2017 and all other provisions of the Management Agreements will remain unchanged. 

 

	 	•	 	Diversified 2000 Futures Fund L.P. 


	 	•	 	Tactical Diversified Futures Fund L.P. 


	 	•	 	CMF Graham Capital Master Fund L.P. 


	 	•	 	MSMF Custom Solutions Fund L.P. 

 Please acknowledge receipt of this modification by signing
one copy of this letter and returning it to the attention of Mr. Patrick T. Egan at 522 Fifth Avenue – 7th Floor, New York, NY 10036 or fax to
866-428-9026. If you have any questions, I can be reached at 212-296-6808 or contact Jack Yuen at 212-296-1320. 

Very truly yours, 
  

	
	CERES MANAGED FUTURES LLC
	
	 By: /s/ Patrick T. Egan

	Patrick T. Egan
	President and Director
	
	GRAHAM CAPITAL MANAGEMENT, L.P.
	
	 By: /s/ Paul Sedlack

	Print Name: Paul Sedlack
	
	PE/kg
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-15-00265-CV

American Refrigeration Company, Inc.

v.

Tranter, Inc. §

§

§

§ From the 30th District Court

of Wichita County (180,092-A)

October 13, 2016

Opinion by Justice Gardner



### JUDGMENT

This court has considered the record on appeal in this case and holds that

there was error in the trial court’s order. It is ordered that the trial court’s order

denying American Refrigeration Company, Inc.’s special appearance is reversed

and we render judgment dismissing Tr anter Inc.’s claims against American

Refrigeration Company, Inc. for lack of personal jurisdiction.

It is further ordered that Appellee Trante r, Inc. shall pay a ll of the costs of

this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By _/s/ Anne Gardne r_________

_________ Justice Anne Gardner
#### POLK COUNTY, Appellant, v. H. A. THURMAN, Appellee.

No. 3206.

Court of Civil Appeals of Texas. Eastland.

Nov. 25, 1955.

Rehearing Denied Tan. 7, 1956.

*488Robert Willis, County Atty., Livingston, for appellant.

R. J. Balch, Seymour, for appellee.

COLLINGS, Justice.

This suit in trespass to try title was brought by H. A. Thurman against A. D. Rogers seeking judgment for the title and possession of a certain 85.4-acre tract of land situated in-Baylor County, Texas.

Rogers duly filed his answer. Thereafter, Polk County filed a motion to be substituted as a party defendant in lieu of Rogers, claiming that Rogers was Polk County’s tenant on the land in controversy. The motion was overruled. and Polk County , seeks to bring this appeal.

The order of the court denying Polk County’s *motion to*be substituted as a party defendant in this cause is merely an interlocutory order and is not a final judgment. An appeal does not lie from such an order. Pioneer American Ins. Co. v. Knox, Tex.Civ.App., 199 S.W.2d 711 (Writ Ref.); McDonald v. Wallace, Tex.Civ.App., 205 SW.2d 605 (Err. Dis.); Stewart v. State, 42 Tex. 242 ; 3-A Tex.Jur., page 121.

The appeal is dismissed.
EXHIBIT
23.1








CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





The Board
of Directors


Cytogen
Corporation:





We
consent to the incorporation by reference in the registration statements (Nos.
33-63321, 333-00431, 333-04679, 333-04677, 333-27673, 333-48454, 333-58384,
333-59718, 333-75304, 333-109986 and 333-121320) on Form S-8 and the
registration statements (Nos. 033-58277, 333-02015, 333-43809, 333-83215,
333-34550, 333-33436, 333-72226, 333-100315, 333-106797, 333-109344, 333-110040,
333-120262, 333-139264 and 333-144774 ) on Form S-3 of Cytogen Corporation of
our reports dated March 14, 2008, which reports are based in part on a report of
other auditors (which report of the other auditors on the financial statements
of PSMA Development Company LLC contains an explanatory paragraph that states
that PSMA Development Company LLC has suffered recurring losses from operations
and does not have a work plan or budget for 2006, all of which raise substantial
doubt about its ability to continue as a going concern, and that its financial
statements do not include any adjustments that might result from the outcome of
that uncertainty), with respect to the consolidated balance sheets of Cytogen
Corporation and subsidiaries as of December 31, 2007 and 2006, and the related
consolidated statements of operations, stockholders' equity and comprehensive
loss, and cash flows for each of the years in the three-year period ended
December 31, 2007 which contains an explanatory paragraph regarding the
Company’s ability to continue as a going concern, and of our report dated March
14, 2008 with respect to the effectiveness of internal control over financial
reporting as of December 31, 2007, which reports appear in the December 31, 2007
annual report on Form 10-K of Cytogen Corporation.





Our
report on the consolidated financial statements refers to the Company's adoption
of the provisions of Statement of Financial Accounting Standards No. 123(R),
"Share-Based Payment" effective January 1, 2006.








/s/ KPMG
LLP





Philadelphia,
Pennsylvania


March 14,
2008
SERVED JULY 22, 2010 

U.S. DEPARTMENT OF TRANSPORTATION 


OFFICE OF HEARINGS 


WASHINGTON, DC 


IN THE MATTER OF 


RODDYL.COX 


FAA DOCKET NO. CPlOGL0005 


(Civil Penalty Action) 


DMS NO. FAA-2010-0623 


NOTICE OF ASSIGNMENT OF PROCEEDING 

This proceeding (heretofore designated as Case No. 2009-GL-l3-0033) has been assigned 

to Administrative Law Judge Richard C. Goodwin. All future pleadings and other , 

communications regarding this proceeding shall be served on the Judge, the FAA Hearing Docket, 

and the other persons on the attached Service List. 

. Attachment - Service List 
FAA Docket No. CPIOGL0005' 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 


800 Independence Avenue, S.W. 


Washington, DC 20591 


Attention: Hearing Docket Clerk, AGC-430 


Wilbur Wright Building-Suite 2W1 0001 

ONE COPY 

Roddy L. Cox, Respondent 


3918 S. Clay Street 


Green Bay, WI 54301 


Christopher J .. Cherella 


735 W. Wisconsin Avenue, 12th Floor 


Milwaukee, WI 53233 


Chris G. Zurales, Complainant's Counsel 


Senior Attorney 


Great Lakes Region, AGL-7K 


Federal Aviation Administration 


2300 East Devon Avenue 


Des Plaines, IL 60018-4696 


TEL: 847-294-7713 


FAJ(: 847-294-7498 


The Honorable Richard C. Goodwin, Administrative Law Judge 


Office of Hearings, M-20 


~-~ 1200 New Jersey Avenue, S.B. 

EastBUl O'und Floor 

RoomE12-320 -~ 

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-2139 

Legal Assistant 202-366-5121 


FAJ(: 202366-7536 


I Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.
**Exhibit 32.1**

 

**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 Bruker Corporation (the “Company”) on Form 10-Q forthe three months ended September 30, 2008, as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), Frank H.Laukien, as President, Chief Executive Officer and Chairman of the Board ofDirectors of the Company, and William J. Knight, as Chief FinancialOfficer of the Company certify, pursuant to 18 U.S.C. section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that tothe best of my knowledge:

 

(1)          TheReport fully complies with the requirements of section 13(a) of theSecurities 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.

 
| Date: November 10,  2008 | By:    | /s/ FRANK H.  LAUKIEN, PH.D.                                                                          |
|-------------------------------|--------|-------------------------------------------------------------------------------------------------------|
|                          |   | Frank H. Laukien, Ph.D.President, Chief Executive Officer and Chairman  (Principal Executive Officer) |
|                          |   |                                                                                                  |
| Date: November 10,  2008 | By:    | /s/ WILLIAM J.  KNIGHT                                                                                |
|                          |   | William J.  Knight  Chief Financial Officer  (Principal Financial and Accounting Officer)             |

 

----
**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 ofToo Late Financial Corporation (the “Company”) on Form 10-QSB for the period ended September 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Anthony N. DeMint, President and Chief Accounting 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) 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/ Anthony N. DeMint                                  |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

Anthony N. DeMint

President and Chief Accounting Officer

November 6, 2006
****
 ****
 **DARLINGTON COUNTY BANCSHARES, INC.**
   **EXHIBIT** **32.1**
 
 **CERTIFICATE OF CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 906**
 **OF THE SARBANES-OXLEY ACT OF 2002**
 
 
 Henry M. Funderburk, the President and Chief Executive Officer of Darlington County Bancshares, Inc. (the "Company"), hereby certifies that to the best of his knowledge:
 
 1.  This Quarterly Report on Form 10-QSB of the Company for the quarter ended June 30, 2004 (the "Report") fully complies with the requirements of section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and
 
 2.  The information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Company at the dates and for the periods indicated.
 
 
 
 Date: August 10, 2004
/s/HENRY M. FUNDERBURKHenry M. FunderburkPresident and Chief Executive Officer
 
 
 The foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350, is not being filed as part of the Report or as a separate disclosure document, and may not be relied upon by anyone for any other purpose.
 
 A signed original of this written statement required by Section 906 has been provided to Darlington County Bancshares, Inc. and will be retained by Darlington County Bancshares, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
  -17-
EXHIBIT 32.2

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 this annual report on
Form 10-K of Electro Scientific Industries, Inc. (the Company) for the year ended April 2, 2011 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Paul Oldham, Vice President of Administration, Chief
Financial Officer and Corporate Secretary of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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/ Paul Oldham                                                                              
|Paul Oldham Vice President of
Administration, Chief Financial Officer and Corporate Secretary

June 14, 2011

This certification is made solely for the purpose of 18 U.S.C.
Section 1350, and not for any other purpose. A signed original of this written statement required by Section 906 has been provided to Electro Scientific Industries, Inc. and will be retained by Electro Scientific Industries, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
**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 ofVanity Enterprises, Inc. (the “Company”) on Form 10-QSB for the period ended June 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Anthony N. DeMint, President and Chief Accounting 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) 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/ Anthony N. DeMint                                    

Anthony N. DeMint

President and Chief Accounting Officer

August 3, 2006