alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 12-08-00409-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN THE INTEREST OF § APPEAL FROM THE 321ST

S.S., T.S., AND K.S., § DISTRICT COURT OF 

MINOR CHILDREN § SMITH COUNTY, TEXAS

______________________________________________________________________________

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want ofjurisdiction pursuant to Texas Rule of Appellate

Procedure 42.3(a). The trial court’s judgment terminating Appellant’s parental rights was signed

on July 24, 2008. The procedures for an accelerated appeal apply to an appeal in which the

termination of the parent-child relationship is in issue. TEX. FAM. CODE ANN. § 109.002(a)

(Vernon 2002). Under rule of appellate procedure 26.1(b), the notice of appeal in an accelerated

appeal must be filed within twenty days after the judgment or other orderis signed, i.e., August 13,

2008. 

Appellant filed a notice of appeal on October 9, 2008. Because the notice of appeal was

not filed on or before August 13, 2008, it is untimely. Appellant also filed a motion for new trial.

To be considered timely, Appellant’s motion for new trial must have been filed on or before

August 13, 2008. See TEX.R.CIV.P. 329b(a) (motion for new trial must be filed within thirty days

after judgment or other order complained of is signed). Because it was not, the motion for new

trial was untimely. See TEX. R. APP. P. 26.1(a). In this case, however, the timeliness of

Appellant’s motion for new trial is irrelevant, because a motion for new trial does not extend the

time to perfect an accelerated appeal. See TEX.R.APP. P. 28.1. Appellant did not file a motion for

extension of time to file the notice of appeal as permitted by Texas Rule of Appellate Procedure
2

26.3. Because the notice of appeal was not filed on or before August 13, 2008 and Appellant’s

time for filing the notice had not been extended, this court has no jurisdiction to consider the

appeal.

On October 10, 2008, this court notified Appellant pursuant to Texas Rule of Appellate

Procedure 42.3(a) that his notice of appeal was untimely. Appellant was further informed that

unless the record was amended on or before October 20, 2008 to establish the jurisdiction of this

court, the appeal would be dismissed. To date, Appellant has neither responded to our October 10,

2008 notice nor shown the jurisdiction of this court.

Because this court is not authorized to extend the time for perfecting an appeal except as

provided by Texas Rules of Appellate Procedure 26.1 and 26.3, the appeal is dismissed for want

of jurisdiction. See TEX. R. APP. P. 42.3(a). 

Opinion delivered October 22, 2008.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)
**Exhibit 10.2****EARNOUT RECONCILIATION AGREEMENT**     EARNOUT RECONCILIATION AGREEMENT, made and entered into as of the 17th day of July, 2006, byand between eFunds Corporation, a Delaware corporation (the “Purchaser”), and JackMac, Inc. (f/k/aBenton Consulting Partners), a California corporation (the “Seller”).     WHEREAS, the Purchaser and the Seller are parties to that certain Asset Purchase Agreement,dated as of January 30, 2004 (the “Purchase Agreement”);     WHEREAS, capitalized terms used without definition herein shall have the meanings assigned tosuch terms in the Purchase Agreement;     WHEREAS, Exhibit A to the Purchase Agreement describes certain contingent cash payments thatcould become payable if the acquired Business achieved certain Performance Metrics following theClosing Date; and     WHEREAS, the parties are desirous of documenting the full and final settlement of thecontingent cash payments owing in respect of the Performance Metrics.     NOW, THEREFORE, THE PARTIES HERETO HEREBY AGREE AS FOLLOWS:     1. Previously-Achieved Performance Metrics. The parties agree that PM Nos. 1 and 2have been achieved and that the Purchaser has already remitted an aggregate of $46,500 to theSeller in respect of the same.     2. Performance Metric No. 3. The parties agree that substantial progress was madetowards the achievement of this objective and that payment of one-half of the scheduled $108,500contingent payment is appropriate under the circumstances presented.     3. Performance Metric No. 4. The parties agree that this objective was achieved andthat payment of the entire $93,000 contingent payment is warranted.     4. Performance Metric No. 5. The parties agree that changing corporate prioritiesdeflected the efforts to accomplish this objective and that payment of one-half of the scheduled$62,000 contingent payment is appropriate under the circumstances presented.     5. Full and Final Settlement. In accordance with the foregoing, the parties herebyagree that the Purchaser shall, within five business days of the date of this agreement, remit thesum of $178,250 to the Seller, such amount to constitute the full and
 

 
final settlement of all amounts owing under the Purchase Agreement in respect of the Purchaser’sacquisition of the Business.     IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of the date firstabove-written.         eFUNDS CORPORATION           By: /s/ Paul F. Walsh    Its:             JACKMAC, INC.           By: /s/ Jack Benton    Its:
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

**IN RE ROOSEVELT-BENTMAN TRUST**

**FOR AMERICAN VOTERS**

**PETITION OF: PETER J. WIRS,**

**TRUSTEE :** 

**:**

**:**

**:**

**:**

**:**

**: No. 89 EM 2016** 

ORDER

PER CURIAM

AND NOW **, this 11th day of August, 2016, the Petition for Lea ve to File Petition** 

**for Allowance of Appeal** Nunc Pro Tunc **is** DENIED

**.**
Exhibit 32.2(*)

Certification of Chief Financial Officer 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 WebEx Communications, Inc. (the Company) on Form 10-Q for the period ending September 30,
2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael T. Everett, Chief Financial Officer of the Company, certify, for purposes of Section 1350 of Chapter 63 of Title 18 of the United
States Code, that to the best of my knowledge:

(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 result of operations of the
Company.

Date: November 8, 2006



|                       
|-----------------------
|/s/ MICHAEL T. EVERETT 
|Michael T. Everett     
|Chief Financial Officer

---

|(*) | In accordance with Item 601(b)(32)(ii) of Regulation S-K and SEC Release Nos. 33-8238 and 34-47986, Final Rule: Managements Reports on Internal Control Over Financial
Reporting and Certification of Disclosure in Exchange Act Periodic Reports, the certification furnished in this Exhibit 32.2 is deemed to accompany this Form 10-Q and will not be deemed filed for purpose of Section 18 of the Exchange
Act. Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act or the Exchange Act, whether made before or after the date hereof irrespective of any general incorporation language contained in any
such filing, except to the extent that the registrant specifically incorporates it by reference.
|--- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* The Honorable Dean Whipple, Chief J udge, United States District Court for the Western District of Missouri. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 05-2001

___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the Western v. * District of Missouri. * James T. Dawn, * [UNPUBLISHED] * Appellant. *

___________ Submitted: May 12, 2006 Filed: May 12, 2006

___________ Before MELLOY, FAGG, a nd BENTON, Circuit Judges.

___________ PER CURIAM. James T. Dawn appeals the 180-month prison sentence the district court * imposed after Dawn pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e) . On appeal, counsel has filed a brief under Anders v. California , 386 U.S. 738 (1967). Counsel first argues the district court’s imposition of the mandatory minimum sentence mandated by section 924(e) is cruel and unusual punishment in violation of-2- the Eighth Amendment. This argument fails. See United States v. Collins , 340 F.3d 672, 679 (8th Cir. 2003) (Eighth Amendment forbids only sentences grossly disproportionate to crime) ; United States v. Johnson , 22 F.3d 674, 682-83 (6th Cir. 1994) (15-year sentence imposed on basis of prior convictions was not grossly disproportionate to fel on-in-possession offense); United States v. Mendoza , 876 F.2d 639, 641 (8th Cir. 1989) (mandatory minimum sentencing does not violate defendant’s constitutional rights). Counsel next argues the district court violated Dawn’s Sixth Amendment rights because Dawn’s sentence was enhanced based on earlier convic tions not proven to a jury beyond a reasonable doubt. This argument also fails. See United States v. Booker , 543 U.S. 220, 244 (2005) (any fact, ot her than earlier convictions, necessary to support sentence exceeding maximum authorized by facts established by guilty plea or jury verdict must be admitted bydefendant or proved to jury beyond a reasonable doubt); cf. United States v. Marcussen , 403 F.3d 982, 984 (8th Cir.) (district court, not jury, determines whet her earlier convictions subject defendant to be sentenced as career offender), cert. denied , 126 S. Ct. 457 (2005). Having reviewed the record under Penson v. Ohio , 488 U.S. 75, 80 (1988), we conclude there are no nonfrivolous issues. Acco rdingly, we affirm the district court’s judgment, and we grant counsel leave to withdraw.

______________________________
## COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02 - 13 - 00551 - CR

BRAD GUINN ALLEN APPELLANT
V. THE STATE OF TEXAS STATE

---------- FROM THE 355TH DISTR ICT COURT OF HOOD CO UNTY

TRIAL COURT NO. CR12 016

---------- 

### MEMORANDUM OPINION 1

---------- Appellant Brad Guinn Allen appeals his conviction for state

- jail felony delivery of marijuana upon the revocation of his deferred

- adjudication community supervision. We affirm. Allen ’s court

- appointed appellate counsel has filed a motion to wi thdraw as counsel and a brief in support of that motion. Counsel’s brief and motion meet

1 See Tex. R. App. P. 47.4.2

the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds for relief. 386 U.S. 7 38, 87 S. Ct. 1396 (1967). Allen had the opportunity to file a pro se brief but did not do so; th e State has not filed a brief. Once an appellant’s court

- appointed attorney files a motion to withdraw on the ground that the appeal is frivolous and fulfills the requirements of Anders , this court is obligated to undertake an independent examination of the record. See Stafford v. State , 813 S.W.2d 503, 511 (Tex. Crim. App. 1991); Mays v. State , 904 S.W.2d 920, 922

– 23 (Tex. App.

— Fort Worth 1995, no pet.). Onl y then may we grant counsel’s motion to withdraw. See Penson v. Ohio , 488 U.S. 75, 82

– 83, 109 S. Ct. 346, 351 (1988). We have carefully reviewed the record and counsel’s brief. We agree with counsel that this appeal is wholly frivolous and without merit; we find nothing in the record that might arguably support the appeal. See Bledsoe v. State , 178 S.W.3d 824, 827

– 28 (Tex. Crim. App. 2005); see also Meza v. State , 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006). Accordingly, we grant counsel’s motion to withdraw and affirm the trial court’s judgment. PER CURIAM PANEL: MCCOY, J.; LIVINGSTON, C.J.; and DAUPHINOT, J. DO NOT PUBLISH Tex. R. App. P. 47.2(b)
DELIVERED: November 6, 2014
[Federal Register Volume 89, Number 35 (Wednesday, February 21, 2024)]
[Notices]
[Page 13111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03411]


-----------------------------------------------------------------------

NATIONAL SCIENCE FOUNDATION


Proposal Review Panel for Materials Research; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation (NSF) announces the 
following meeting:

    Name and Committee Code: Proposal Review Panel for Materials 
Research--Materials Research Science and Engineering Center (MRSEC) 
Site Visit University of Delaware (DMR) (#1203).
    Date and Time: May 6, 2024; 7:30 a.m.-6:45 p.m., May 7, 2024; 8:00 
a.m.-3:45 p.m.
    Place: University of Delaware Day 1: 591 Collaboration Way, Newark, 
DE 19713, University of Delaware Day 2: 150 Academy St., Newark, DE 
19716.
    Type of Meeting: Part-Open.
    Contact Person: Dr. Serdar Ogut, Program Director, National Science 
Foundation, 2415 Eisenhower Ave., Alexandria, VA 22314; Telephone: 703-
292-4429.
    Purpose of Meeting: NSF site visit to conduct a review during year 
4 of the award period as stipulated in the cooperative agreement.
    Agenda: To conduct an in depth evaluation of performance, to assess 
progress towards goals, and to provide recommendations.

Monday, May 6, 2024

7:30 a.m.-12:05 p.m.--Executive Sessions (Closed)
12:05 p.m.-1:00 p.m.--Lunch (Open)
1:00 p.m.-2:30 p.m.--Executive Sessions (Closed)
2:30 p.m.-3:30 p.m.--Facilities Overview and Lab Tour (Closed)
3:30 p.m.-5:00 p.m.--Poster Session (Open)
5:00 p.m.-6:45 p.m.--Executive Sessions (Closed)

Tuesday, May 7, 2024

8:00 a.m.-3:45 p.m.--Executive Sessions (Closed)

    Reason for Closing: The program being reviewed during the site 
visit will include information of a proprietary or confidential nature, 
including technical information; financial data, such as salaries, and 
personal information concerning individuals associated with the 
program. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) 
of the Government in the Sunshine Act.

    Dated: February 14, 2024.
Crystal Robinson,
Committee Management Officer.
[FR Doc. 2024-03411 Filed 2-20-24; 8:45 am]
BILLING CODE 7555-01-P
EXHIBIT
      31.2


CERTIFICATION
      PURSUANT TO


SECTION
      302 OF THE SARBANES-OXLEY ACT OF
2002





I,
      Francis V. Dane, certify that:





1. I have
reviewed this report on Form 10-K of Communication Intelligence
Corporation;





2. Based
on my knowledge, this 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 report;





3. Based
on my knowledge, the financial statements, and other financial information
included in this 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 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-15(e) and 15d-15(e)) 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 report is being prepared;





(b)
Evaluated the effectiveness of the registrant’s disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and





(c)
Disclosed in this report any change in the registrant’s internal control over
financial reporting that occurred during the registrant’s most recent fiscal
quarter that has materially affected, or is reasonably likely to materially
affect, the registrant’s internal control over financial reporting;
and





5.  The
registrant’s other certifying officer(s) and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the
registrant’s auditors and the audit committee of the registrant’s board of
directors (or persons performing the equivalent functions):





(a) All
significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to
adversely affect the registrant’s ability to record, process, summarize and
report financial information; and


(b) Any
fraud, whether or not material, that involves management or other employees who
have a significant role in the registrant’s internal control over financial
reporting.





Date: May
21, 2008


/s/
      Francis V. Dane


Principal
      Financial Officer
[Federal Register Volume 89, Number 35 (Wednesday, February 21, 2024)]
[Notices]
[Page 13086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03474]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Notice of Closed Meeting

    Pursuant to 5 U.S.C. 1009(d), notice is hereby given of the 
following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended, and the Determination of the Director, Office of 
Strategic Business Initiatives, Office of the Chief Operating Officer, 
CDC, pursuant to Public Law 92-463. The grant applications and the 
discussions could disclose confidential trade secrets or commercial 
property such as patentable material, and personal information 
concerning individuals associated with the grant applications, the 
disclosure of which would constitute a clearly unwarranted invasion of 
personal privacy.
    Name of Committee: Disease, Disability, and Injury Prevention and 
Control Special Emphasis Panel (SEP)--RFA-OH-22-005, Commercial Fishing 
Occupational Safety Research Cooperative Agreement; and RFA-OH-22-006, 
Commercial Fishing Occupational Safety Training Project Grants.
    Date: May 14, 2024.
    Time: 1 p.m.-4 p.m., EDT.
    Place: Video-Assisted Meeting.
    Agenda: To review and evaluate grant applications.
    For Further Information Contact: Laurel Garrison, M.P.H., 
Scientific Review Officer, Office of Extramural Programs, National 
Institute for Occupational Safety and Health, Centers for Disease 
Control and Prevention, 5555 Ridge Avenue, Cincinnati, Ohio 45213. 
Telephone: (513) 533-8324; Email: <a href="/cdn-cgi/l/email-protection#f9b5be988b8b908a9697b99a9d9ad79e968f"><span class="__cf_email__" data-cfemail="7c303b1d0e0e150f13123c1f181f521b130a">[email protected]</span></a>.
    The Director, Office of Strategic Business Initiatives, Office of 
the Chief Operating Officer, Centers for Disease Control and 
Prevention, has been delegated the authority to sign Federal Register 
notices pertaining to announcements of meetings and other committee 
management activities, for both the Centers for Disease Control and 
Prevention and the Agency for Toxic Substances and Disease Registry.

Kalwant Smagh,
Director, Office of Strategic Business Initiatives, Office of the Chief 
Operating Officer, Centers for Disease Control and Prevention.
[FR Doc. 2024-03474 Filed 2-20-24; 8:45 am]
BILLING CODE 4163-18-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
<PAGE>

                                                                    EXHIBIT 10.4

                                   VALLEY BANK
                       NONQUALIFIED STOCK OPTION AGREEMENT

      THIS AGREEMENT is entered into by and between Valley Bank (the "Bank") and
_____________________________ ("Holder"). The Bank and Holder agree as follows:

      Pursuant to the Bank's Nonqualified Stock Option Plan, as approved by the
Board of Directors on December 8, 1999 and by the Commissioner of the Nevada
Department of Business & Industry, Financial Institutions Division on December
30, 1999, and subject to approval by the Bank's shareholders at a meeting to be
held on January 26, 2000 (the "Plan"), the Bank hereby grants to Holder an
irrevocable nonqualified stock option to purchase 2,000 shares of common stock
(par value $1.00 per share) of the Bank at an option price of $11.00 per share,
payable in cash.

      The date of grant of this option is December 8, 1999. This option will
terminate on the third anniversary of the Approval Date (defined below), unless
sooner terminated by reason of death or disability as provided in the Plan.

      This option will be fully vested and exercisable on the date on which the
Bank's shareholders approve the Plan (the "Approval Date"). From the Approval
Date through the date of its termination, this option may be exercised by
Holder, in whole or in part, at any time and from time to time. This option may
only be exercised if it is exercised in the manner provided by the Plan.
Exercise must be by actual delivery to the Bank of a written notice of exercise
signed by Holder specifying the number of shares and option price and
accompanied by payment of the full amount of the option price.

      All of the terms and conditions of the Plan are incorporated by this
reference as part of this Agreement as if such terms and conditions had been
included in this Agreement.

      EXECUTED as of January ___, 2000.

HOLDER:                                          BANK:

                                                 VALLEY BANK

_______________________                          ___________________________
                                                 Barry L. Hulin
                                                 President and CEO