alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Appeal Dismissed and Memorandum Opinion filed August 31, 2023.

In The

Fourteenth Court of Appeals

NO. 14-23-00347-CV

ASHA SHERESE HOLLOWAY, Appellant

V.

BMW FINANCIAL SERVICES NA, LLC, Appellee

On Appeal from the County Civil Court at Law No. 1

Harris County, Texas

Trial Court Cause No. 1191887

MEMORANDUM OPINION

This appeal is from a final judgment signed on April 6, 2023. The notice of 

appeal was filed May 15, 2023. To date, our records show that appellant has not 

paid the appellate filing fee. See Tex. R. App. P. 5 (requiring payment of fees in 

civil cases unless party is excused by statute or by appellate rules from paying costs).

Tex. Gov’t Code § 51.207 (appellate fees and costs). Moreover, no clerk’s record 

has been filed. The clerk responsible for preparing the record in this appeal indicated 

to the court appellant did not make arrangements to pay for the record. 
2

On May 31, 2023, appellant was instructed to pay the appellate filing fee on 

or before June 12, 2023 or the appeal would be subject to dismissal without further 

notice. In addition, on June 8, 2023, notification was transmitted to appellant that 

the appeal was subject to dismissal without further notice unless, within fifteen days, 

appellant made arrangements to pay for the record and provided this court with proof 

of payment. See Tex. R. App. P. 37.3(b). Appellant did not provide any response to 

any of those notices.

On August 17, 2023, appellant was ordered to pay the filing fee and 

demonstrate she had made arrangements to pay for the clerk’s record on or before 

August 28, 2023. See Tex. R. App. P. 4.1(a). In the order, the court notified 

appellant that failure to comply with either of those requirements would leave the 

appeal subject to dismissal without further notice for want of prosecution.

Appellant has not paid the appellate filing fee, she has not provided this court 

with proof of payment for the record, nor has she otherwise responded to the court’s 

order. Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3(c) (allowing 

involuntary dismissal of case because appellant has failed to comply with notice 

from clerk requiring response or other action within specified time).

PER CURIAM 

Panel consists of Justices Wise, Zimmerer, and Poissant.
ex_140677.htm


Exhibit 10.197


 


AMENDMENT NO. 1 TO AMENDED AND RESTATED 


UNSECURED PROMISSORY NOTE


(Original Principal Amount $2,500,000)


 


This Amendment No. 1 to Amended and Restated Unsecured Promissory Note (the "Amendment") is made as of this 28rd day of January 2019, by and between TWINLAB CONSOLIDATED HOLDINGS, INC., a Nevada corporation ("Maker"), and GOLISANO HOLDINGS LLC, a New York limited liability company ("Holder").


 


WHEREAS, the Maker is indebted to the Holder under a certain Amended and Restated Unsecured Promissory Note in the principal amount of Two Million Five Hundred Thousand Dollars ($2,500,000), dated August 30, 2017 (the "Note"); and


 


WHEREAS, the Borrower and the Holder have agreed to amend the Note in accordance with this Amendment.


 


NOW, THEREFORE, the parties hereto agree as follows:


 


1.     In the introduction paragraph, the phrase "January 28, 2019" is hereby restated in its entirety to read as "June 30, 2019" such that the Maturity Date shall be June 30, 2019.


 


2.     Except as expressly amended hereby, all terms and conditions of the Note shall remain in full force and effect.


 


3.     Upon the effectiveness of this Amendment, each reference in the Note to "the Note," "this Note," "hereunder," "hereof," "herein," or words of similar import shall mean and be a reference to the Note, as amended by this Amendment.


 


4.     This Amendment constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements between such parties with respect to the subject matter hereof. To the extent of any conflict between the terms and conditions of this Amendment and the Note, the terms and conditions of this Amendment shall govern.


 


5.     This Amendment may be executed in one or more counterparts, including by means of facsimile and/or portable document format, each of which shall be an original and all of which shall together constitute one and the same document.


 


 


 


[SIGNATURE PAGE FOLLOWS]


 


 


Amendment No. 1 to Amended and Restated


Unsecured Promissory Note ($2,500,000 - Golisano Holdings)



 




 




 


IN WITNESS WHEREOF, Maker and Holder have executed this Amendment as of the date first above written.


 


 


	
			 

				
			TWINLAB CONSOLIDATED HOLDINGS, INC.

				
			 

			
	
			 

				
			 

				
			 

				
			 

			
	
			 

				
			 

				
			 

				
			 

			
	
			 

				
			By: 

				
			/s/ Anthony Zolezzi

				
			 

			
	
			 

				
			 

				
			Anthony Zolezzi

				
			 

			
	
			 

				
			 

				
			Chief Executive Officer

				
			 

			
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	GOLISANO HOLDINGS LLC	 
	 	 	 	 
	 	 	 	 
	 	By:	/s/ B. Thomas Golisano  	 
	 	 	B. Thomas Golisano	 
	 	 	Member	 



 


 


Amendment No. 1 to Amended and Restated


Unsecured Promissory Note ($2,500,000 - Golisano Holdings)
```

[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Notices]
[Page 29727]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12761]

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

COMMODITY FUTURES TRADING COMMISSION

Sunshine Act Meeting--Change of Time

    The following notice of a time change for scheduled meetings is 
published pursuant to the provisions of the Government in the Sunshine 
Act, Public Law 94-409, 5 U.S.C. 552b.

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: The Commission has changed the start time of previously 
scheduled meetings on the following dates:

May 20, 2011; May 27, 2011.\1\
---------------------------------------------------------------------------

    \1\ These meetings were announced previously at 76 FR 24463.
---------------------------------------------------------------------------

June 3, 2011; June 10, 2011; June 17, 2011; June 24, 2011.\2\
---------------------------------------------------------------------------

    \2\ These meetings were announced previously at 76 FR 28425.
---------------------------------------------------------------------------

From: 11 a.m.
To: 10 a.m. (one hour earlier).

PLACE: Three Lafayette Center, 1155 21st St., NW., Washington, DC, 9th 
Floor Commission Conference Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Surveillance and Enforcement Matters. In the 
event that the times or dates of these or any future meetings change, 
an announcement of the change, along with the new time and place of the 
meeting will be posted on the Commission's Web site at http://www.cftc.gov.

CONTACT PERSON FOR MORE INFORMATION: Sauntia S. Warfield, Assistant 
Secretary of the Commission, 202-418-5084.

Sauntia S. Warfield,
Assistant Secretary of the Commission.
[FR Doc. 2011-12761 Filed 5-19-11; 4:15 pm]
BILLING CODE 6351-01-P
```
Rupprecht Law P. A. 

324 Datura Street, Suite 200 | West Palm Beach, FL 33401 

P: (561) 222-6979 | E: jon@jrupprechtlaw.com | W: www.jrupprechtlaw.com 

August 24, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE, 

West Building Ground Floor, Room W12-140,

Washington, DC 20590

Re: Petition for Amendment to Add Aircraft to Precision Aerial Filmworks, Inc’s. Exemption.

(Exemption # 12008 in Docket No. FAA-2015-1055)

Dear Sir or Madam:

Precision Aerial Filmworks, Inc. (Exemption # 12008 in Docket No. FAA-2015-1055) was

granted an exemption to conduct aerial data collection and closed set TV/movie filming using a DJI 

S900, Cinestar 8, and Vulcan Raven x8. 

There is no request for additional relief from any further regulations. Precision Aerial Filmworks, 

Inc. requests for an amendment to that exemption to add onto its fleet the Freefly Systems Alta. Granting 

this exemption would not affect safety but will benefit the public because instead of dangerous 

helicopters being used, safer and quieter unmanned aircraft can be used under the restrictions outlined in 

the previously granted exemption. Precision Aerial Filmworks, Inc. agrees to operate under the same 

restrictions in the exemption. The Alta’s manuals are located here: 

Alta Starter Guide

http://d27w8s76bjlz9v.cloudfront.net/wp-content/uploads/2015/07/24212006/FFASG.pdf

Alta User Manual 

http://d27w8s76bjlz9v.cloudfront.net/wp-content/uploads/2015/07/28175748/ALTA_Manual_RevB.pdf
2

Precision Aerial Filmworks, Inc. will operate only within the limitations in the previously granted 

exemption and the limitations listed in the manuals. The limitations, from the previously granted 

exemption, will be followed if there is a conflict with the manuals.

Since the Freefly Systems Alta platform has been previously granted in other exemptions

(Exemption No. 12362, etc. ) and would not set any precedent, there is good cause to waive the 

publishing of this petition in the Federal Register.

Sincerely,

________________________

Jonathan B. Rupprecht, Esq.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, 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. 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:*                         National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; RFA-DK22-021 Collaborative Research Using Biosamples                               ( print page 15599)                            from Type 1 Diabetes Clinical Studies (R01—Clinical Trial Not Allowed).                    

*Date:*                         March 29, 2024.                    

*Time:*                         10:30 a.m. to 6:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, NIDDK, Democracy II, Suite 7000A, 6707 Democracy Boulevard, Bethesda, MD 20892 (Virtual Meeting).                    

*Contact Person:*                         Ann A. Jerkins, Ph.D., Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of Health, Room 7119, 6707 Democracy Boulevard, Bethesda, MD 20892-2542, 301-594-2242,                         *jerkinsa@niddk.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS)

Dated: February 27, 2024.

Miguelina Perez, 

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2024-04444 Filed 3-1-24; 8:45 am]

BILLING CODE 4140-01-P
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         910,021
<SECURITIES>                                 2,183,351
<RECEIVABLES>                                   12,437
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               3,111,168
<CURRENT-LIABILITIES>                           40,258
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   3,070,910
<TOTAL-LIABILITY-AND-EQUITY>                 3,070,910
<SALES>                                              0
<TOTAL-REVENUES>                                95,204
<CGS>                                                0
<TOTAL-COSTS>                                  197,417
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (102,213)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (102,213)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                589,396
<CHANGES>                                            0
<NET-INCOME>                                   487,183
<EPS-PRIMARY>                                   (9.56)
<EPS-DILUTED>                                        0


</TABLE>
1

The Honorable Jimm Larry Hendren, Chief Judge, United States District Court

for the Western District of Arkansas, adopting the report and recommendations of the

Honorable Barry A. Bryant, United States Magistrate Judge for the Western District

of Arkansas.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 09-2733

___________

Damond Thompson, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* Western District of Arkansas.

Captain Melvin Steed, *

* [UNPUBLISHED]

Appellee. *

___________

Submitted: March 24, 2010

Filed: March 29, 2010

___________

Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges.

___________

PER CURIAM.

Damond Thompson appeals the district court’s1

 dismissal of his action without

prejudice for failure to prosecute. The dismissal occurred after Thompson failed to

comply with an April 6 order directing him to submit a witness and exhibit list for his

scheduled evidentiary hearing. Thompson argues on appeal that dismissal was

erroneous because he did not receive the April 6 order, he had given written notice to
-2-

the court that he was having trouble sending and receiving mail at his new address,

and he had not previously failed to respond to any court orders.

We hold that the district court did not clearly err in finding that it was unlikely

that Thompson did not receive the order, see Anderson v. City of Bessemer City, 470

U.S. 564, 573 (1985) (clear-error standard), and thus the court did not abuse its

discretion in dismissing the action without prejudice under Federal Rule of Civil

Procedure 41(b). See Smith v. Gold Dust Casino, 526 F.3d 402, 404-05 (8th Cir.

2008) (standard of review for dismissal for failure to prosecute). The order warned

Thompson that his action could be dismissed if he did not file his witness and exhibit

list by a certain date and that no further continuances of the evidentiary hearing would

be granted absent an extraordinary showing of good cause. See First Gen. Res. Co.

v. Elton Leather Corp., 958 F.2d 204, 206 (8th Cir. 1992) (per curiam) (upholding

dismissal under Rule 41(b) in part because district court “expressly warned”

appellants that case could be dismissed); Farnsworth v. Kansas City, Mo., 863 F.2d

33, 34 (8th Cir. 1988) (per curiam) (pro se litigants are not excused from complying

with court orders).

Accordingly, the judgment is affirmed.

______________________________
Exhibit 12



        PHILLIPS PETROLEUM COMPANY AND CONSOLIDATED SUBSIDIARIES
                           TOTAL ENTERPRISE

           Computation of Ratio of Earnings to Fixed Charges


                                                       Millions of Dollars
                                                    ------------------------
                                                        Nine Months Ended
                                                           September 30
                                                    ------------------------
                                                      1999              1998
                                                    ------------------------
                                                           (Unaudited)
Earnings Available for Fixed Charges
  Income before income taxes                        $  697               879
  Distributions less than equity in earnings
    of less-than-fifty-percent-owned companies          (3)               (5)
  Fixed charges, excluding capitalized interest*       309               230
----------------------------------------------------------------------------
                                                    $1,003             1,104
============================================================================

Fixed Charges
  Interest and expense on indebtedness,
    excluding capitalized interest                  $  222               149
  Capitalized interest                                  35                38
  Preferred dividend requirements of
    capital trusts                                      40                40
  One-third of rental expense, net of
    subleasing income, for operating leases             34                29
----------------------------------------------------------------------------
                                                    $  331               256
============================================================================
Ratio of Earnings to Fixed Charges                     3.0               4.3
----------------------------------------------------------------------------
*Includes amortization of capitalized interest totaling approximately
 $13 million and $12 million in 1999 and 1998, respectively.


Earnings available for fixed charges include, if any, the company's equity
in losses of companies owned less than fifty percent and having debt for
which the company is contingently liable.  Fixed charges include the
company's proportionate share, if any, of interest relating to the
contingent debt.

In 1990 and 1988, respectively, the company guaranteed a $400 million bank
loan and $250 million of notes payable for the Long-Term Stock Savings Plan
(LTSSP), an employee benefit plan.  In 1994, the notes payable were
refinanced with a $131 million term loan, which was repaid in June 1998.
The $400 million loan was amended in 1994, 1995, and again in 1997.
Consolidated interest expense included a minimal amount of interest related
to LTSSP borrowings for the first nine months of 1999 and 1998.


<PAGE>
#### Elbert KIMBERLIN, Appellant, v. The STATE of Texas, Appellee.

No. 28137.

Court of Criminal Appeals of Texas.

March 7, 1956.

No attorney on appeal for appellant.

Leon B. Douglas, State’s Attorney, Austin, for the State. ' *■ ■ . ■ ■*

PER CURIAM.

The offense is a violation of-the liquor law; the punishment, a fine of $100.

The record on appeal contains no statement of facts or bills of exception. All proceedings appear to be regular and nothing is presented for review. The judgment is affirmed.
Exhibit
      32.1





CERTIFICATION
      OF CEO 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 Victoria Industries, Inc. (the
      "Company") on Form 10-Q for the period ended September 30, 2008 as filed with
      the Securities and Exchange Commission on the date hereof (the "Report"), Albert
      Abdoulline, as President and Chief Executive Officer of the Company, certifies,
      pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, to the best of his knowledge, 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 result of operations of the
      Company.





By:
                /S/ Albert AbdoullineAlbert
                AbdoullinePresident,
                CEODate:
                November 14, 2008