alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion issued September 27 , 2016

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 15
- 00899
- CV

——————————— RITA LEMONS , Appella nt

V. DON TRUSTCLAIRE, DON BLAKE, CARLOS PENA, NOE GOMEZ, LATECIA GOMEZ , BERTHEL MARTINEZ, AND ESTATE OF LEROY LEMONS , Appell e e s
On Appeal from the 240th District Court Fort Bend County, Texas Trial Court Ca se No. 14
- DCV
- 213790

MEMORANDUM OPINION Appellant, Rita Lemons, attempts to appeal the trial court’s “Partial Order Dismissing Respondent Parties at Trial” signed on June 5 , 2015

. We dismiss the2

appeal for want of jurisdiction because, even if the underlying order is appealable, the notice of appeal of the order was untimely. Generally, a notice of appeal is due within thirty days after the judgment is signed. See T EX
. R. A PP
. P. 26.1. The deadline to file a notice of appeal is extended to ninety days after the date the judgment is signed if, within thirty days after the judgment is signe d, any party timely files a motion for new trial, motion to modify the judgment, motion to reinstate, or, under certain circumstances, a request for findings of fact and conclusions of law. See T EX
. R. A PP
. P. 26.1(a); T EX
. R. C IV
. P. 329b(a), (g). The tim e to file a notice of appeal may also be extended if, within fifteen days after the deadline to file the notice of appeal, a party properly files a motion for extension. See T EX
. R. A PP
. P. 10.5(b), 26.3. A motion for extension of time is necessarily impli ed when an appellant, acting in good faith, files a notice of appeal beyond the time allowed by Rule 26.1, but within the fifteen

- day extension period provided by Rule 26.3. See T EX .R. A PP
. P. 26.1, 26.3; Verburgt v. Dorner , 959 S.W.2d 615, 617

– 18 (Tex. 1 997). Here, the trial court signed the order from which appellant appeals on June 15 , 201 5 and no motion was filed that would extend the notice of appeal deadline

. Therefore, appellant’s notice of appeal was due by July 15 , 201 5

. See T EX
. R. A PP
. P. 26.1. Appellant’s notice of a ppeal was not filed until September 11 , 2015, fifty

-3

eight days after the deadline. Without a timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See T EX
. R. A PP
. P. 25.1.
On August 9 , 201 6 , the Clerk of thi s Court notified the appellant that this appeal was subject to dismissal for want of jurisdiction unless s he demonstrated this Court had jurisdiction over this appeal. Appellant failed to file an adequate respon se . Accordingly, we dismiss the appeal for wa nt of jurisdiction. See T EX
. R. A PP
. P. 42.3(a), 43.2(f). We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Bland, Massengale , and Lloyd.
[Federal Register Volume 65, Number 216 (Tuesday, November 7, 2000)]
[Notices]
[Page 66799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28452]


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

SMALL BUSINESS ADMINISTRATION


Data Collection Available for Public Comments and Recommendations

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
notice announces the Small Business Administration's intentions to 
request approval on a new, and/or currently approved information 
collection.

DATES: Submit comments on or before January 8, 2001.

ADDRESSES: Send all comments regarding whether these information 
collections are necessary for the proper performance of the function of 
the agency, whether the burden estimate is accurate, and if there are 
ways to minimize the estimated burden and enhance the quality of the 
collections, to James Rivera, Senior Program Analyst, Office of 
Disaster, Small Business Administration, 409 3rd Street, S. W., Suite 
6050.

FOR FURTHER INFORMATION CONTACT: James Rivera, Senior Program Analyst, 
202-205-6734 or Curtis B. Rich, Management Analyst, (202)205-7030.

SUPPLEMENTARY INFORMATION:
    Title: Disaster Business Loan Application.
    Form No's: 5, 739A and 1368.
    Description of Respondents: Small Businesses.
    Annual Responses: 16,853.
    Annual Burden: 48,561.

    Title: Disaster Survey Worksheet.
    Form No: 987.
    Description of Respondents: Individuals, Businesses, and Public 
Officials within an area requesting a Disaster Declaration.
    Annual Responses: 4,000.
    Annual Burden: 332.

Curtis B. Rich,
Acting Chief, Administrative Information Branch.
[FR Doc. 00-28452 Filed 11-6-00; 8:45 am]
BILLING CODE 8025-01-P
* Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-50012

Summary Calendar

 

JESUS MIRANDA, et al.,

 Plaintiffs,

JESUS MIRANDA,

Plaintiff-Appellant,

versus

CITY OF EL PASO, TEXAS, et al.,

Defendants,

CITY OF EL PASO, TEXAS, et al.,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-94-CV-163

- - - - - - - - - -

March 27, 1997

Before DAVIS, EMILIO M. GARZA, and STEWART, Circuit Judges.

PER CURIAM:*

Jesus Miranda appeals from the district court’s grant of a

motion for summary judgment in favor of the defendants in his

civil rights suit under 42 U.S.C. § 1983. Miranda argues that

the district court erred in granting the defendants’ motion for

summary judgment because a factual dispute exists with respect to

whether his arrest for the drug offenses was supported by

probable cause.
No. 96-50012

- 2 -

Miranda failed to present evidence sufficient to establish

the existence of a genuine issue of material fact demonstrating a

policy or custom which caused the purported constitutional

violation. See Colle v. Brazos County, Tex., 981 F.2d 237, 244

(5th Cir. 1993). The judgment of the district court is AFFIRMED.

AFFIRMED.
EXHIBIT 32.1

PC MALL, INC.

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 PC Mall, Inc. (the Company) on Form 10-Q for the fiscal quarter ended March 31, 2006 as filed with the Securities and Exchange Commission (the
Report), I, Frank F. Khulusi, Chief Executive Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:



| | (1) | the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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
indicated.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

This Certification has not been, and shall not be deemed, filed with the Securities and Exchange Commission.



|                       
|-----------------------
|May 11, 2006           
|                       
|/s/ Frank F. Khulusi   
|Frank F. Khulusi       
|Chief Executive Officer
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
                                   EXHIBIT 27

     FINANCIAL   DATA  SCHEDULE  THIS  SCHEDULE   CONTAINS   SUMMARY   FINANCIAL
INFORMATION  EXTRACTED  FROM THE  FINANCIAL  STATEMENTS  AND  RELATED  FOOTNOTES
THERETO, OF THE HAVANA GROUP, INC. AND SUBSIDIARY.


</LEGEND>
       
<S>                                                    <C>  
<PERIOD-TYPE>                                          12-mos
<FISCAL-YEAR-END>                                      dec-31-1998
<PERIOD-END>                                           dec-31-1998
<CASH>                                                 1,634,276
<SECURITIES>                                           0
<RECEIVABLES>                                          51,460
<ALLOWANCES>                                           5,000
<INVENTORY>                                            500,765  
<CURRENT-ASSETS>                                       2,214,273
<PP&E>                                                 150,495
<DEPRECIATION>                                         18,511
<TOTAL-ASSETS>                                         2,803,322
<CURRENT-LIABILITIES>                                  342,299  
<BONDS>                                                0
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            6,100
<COMMON>                                               1,860
<OTHER-SE>                                             2,453,063
<TOTAL-LIABILITY-AND-EQUITY>                           2,803,322
<SALES>                                                1,354,164
<TOTAL-REVENUES>                                       1,354,164
<CGS>                                                  900,272
<TOTAL-COSTS>                                          1,335,169 
<OTHER-EXPENSES>                                       473,598
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                     3,374,769
<INCOME-PRETAX>                                        (3,829,372)
<INCOME-TAX>                                           0
<INCOME-CONTINUING>                                    (3,829,372)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                           (3,829,372)
<EPS-PRIMARY>                                          (2.61)
<EPS-DILUTED>                                          (2.61)
        

</TABLE>