alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered June 21 , 2019

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 19
- 00196
- CV
ERNEST LANELL BRONSO N, Appellant

V. HSBC BANK USA, Appellee On Appeal from the County Cou rt at Law No. 3

Dallas County, Texas Trial Court Cause No. CC
- 18
- 05824
- C



### O RDER The reporter’s record in this case is past due. By postcard dated February 15, 2019, we notified Janet Wright, Official Court Reporter for County Court at Law No 3, that the reporter’s
record was overdue and directed her to file the reporter’s record within ten days. By order dated April 9, 2019, we again notified Ms. Wright the reporter’s record was overdue, and ordered her

to file either (1) the reporter’s record; (2) writte n verification no hearings were recorded; or (3) written verification that appellant ha s not paid for or made arrangements to pay for the reporter’s
record within thirty days. To date, Ms. Wright has failed to comply with the Court’s order.
S o that this a ppeal can proceed, we ORDER Janet Wright to file, within TEN DAYS of the date of this order, either (1) the reporter’s record; (2) written verification no hearings were recorded; or (3) written verification that appellant ha s not paid for or made arrangeme nts to payfor the reporter’s record

. We notify appellant that if we receive verification he has not requested

the reporter’s record or paid for or made arrangements to pay for the reporter’s record , we will order the appeal submitted without the reporter ’s record. See Tex. R. App. P. 37.3(c). We expressly CAUTION Ms. Wright that failure to comply with this order WILL result in the Court taking such action as is necessary to have Ms. Wright comply with the Court’s orders, including an order that she not sit as a court reporter until she complies. We DIRECT the Clerk to send copies of this order to: Honorable Sally Montgomery Presiding Judge County Court at Law No. 3 Janet Wright Official Court Reporter County Court at Law No. 3 All parties

/s/ ROBER T D. BURNS, III CHIEF JUSTICE
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL  INFORMATION  EXTRACTED FROM APPLICABLE
1997 INTERIM FINANCIAL STATEMENTS OF CELLULAR COMMUNICATIONS INTERNATIONAL, INC.
THE  SCHEDULE IS  QUALIFIED  IN ITS  ENTIRETY  BY  REFERENCE  TO SUCH  FINANCIAL
STATEMENTS.
</LEGEND>
<RESTATED>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                                DEC-31-1997
<PERIOD-START>                                   JAN-01-1997
<PERIOD-END>                                     MAR-31-1997
<CASH>                                            28,365,000
<SECURITIES>                                      52,678,000
<RECEIVABLES>                                              0
<ALLOWANCES>                                               0
<INVENTORY>                                                0
<CURRENT-ASSETS>                                   1,255,000
<PP&E>                                                69,000
<DEPRECIATION>                                       (55,000)
<TOTAL-ASSETS>                                   138,774,000
<CURRENT-LIABILITIES>                              3,005,000
<BONDS>                                          178,034,000
<PREFERRED-MANDATORY>                                      0
<PREFERRED>                                                0
<COMMON>                                             107,000
<OTHER-SE>                                       (42,372,000)
<TOTAL-LIABILITY-AND-EQUITY>                     138,774,000
<SALES>                                                    0
<TOTAL-REVENUES>                                           0
<CGS>                                                      0
<TOTAL-COSTS>                                      7,137,000
<OTHER-EXPENSES>                                   1,094,000
<LOSS-PROVISION>                                           0
<INTEREST-EXPENSE>                                 6,336,000
<INCOME-PRETAX>                                  (13,734,000)
<INCOME-TAX>                                               0
<INCOME-CONTINUING>                              (13,734,000)
<DISCONTINUED>                                             0
<EXTRAORDINARY>                                            0
<CHANGES>                                                  0
<NET-INCOME>                                     (13,734,000)
<EPS-PRIMARY>                                          (0.85)<F1><F2>
<EPS-DILUTED>                                          (0.85)<F1><F2>

<FN>
<F1>RESTATED FOR A 3-FOR-2 STOCK SPLIT BY WAY OF STOCK DIVIDEND TO BE PAID ON
      APRIL 14, 1998.
<F2>RESTATED TO REFLECT THE ADOPTION OF STATEMENT OF FINANCIAL ACCOUNTING
      STANDARDS NO.128, "EARNINGS PER SHARE"
</FN>

</TABLE>
#### Ex parte BROWN.

No. 19998.

Court of Criminal Appeals of Texas.

Oct. 12, 1938.

. Joe Bailey Morris, of Dallas, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

MORROW, Presiding Judge.

This is an appeal from the order of the Judge of the Criminal District Court No. 2 •of Dallas County refusing to release the relator upon her application for a writ of habeas corpus in which she attacks the judgment of the County Court of said county adjudging her-a delinquent child and ordering her incarceration in the State Girls’ Training School at Gainesville, Texas.

The record is before us without statement of facts or bills of exception. Under the circumstances the presumption must prevail that the learned trial judge was justified in overruling the application for the writ of habeas corpus and remanding the relator to the custody of the Superintendent of the State Girls’ Training School.

The judgment is affirmed.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Company's Form 10-Q for the fiscal quarter ended December 31, 1996.
</LEGEND>
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-END>                               DEC-31-1996
<CASH>                                            9394
<SECURITIES>                                         0
<RECEIVABLES>                                    24834
<ALLOWANCES>                                        46
<INVENTORY>                                      23048
<CURRENT-ASSETS>                                 59445
<PP&E>                                           32819
<DEPRECIATION>                                   23204
<TOTAL-ASSETS>                                   70487
<CURRENT-LIABILITIES>                            22325
<BONDS>                                           7060
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            59
<OTHER-SE>                                       40877
<TOTAL-LIABILITY-AND-EQUITY>                     70487
<SALES>                                          55159
<TOTAL-REVENUES>                                 55159
<CGS>                                            23958
<TOTAL-COSTS>                                    23958
<OTHER-EXPENSES>                                  7279
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 306
<INCOME-PRETAX>                                   5720
<INCOME-TAX>                                      1998
<INCOME-CONTINUING>                               3722
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      3722
<EPS-PRIMARY>                                      .54
<EPS-DILUTED>                                      .53
        


</TABLE>
<TABLE> <S> <C>

<ARTICLE>      5
<LEGEND>
This schedule contains summary financial information extracted from the 
consolidated balance sheet as of December 28, 1997, and the related statements
of income and cash flows for the 12-month period then ended and is qualified in
its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER>   1000
       
<S>                                <C>    
<PERIOD-TYPE>                      YEAR
<FISCAL-YEAR-END>                  DEC-28-1997
<PERIOD-START>                     DEC-28-1996
<PERIOD-END>                       DEC-28-1997
<CASH>                             11081
<SECURITIES>                           0
<RECEIVABLES>                      12212
<ALLOWANCES>                         699
<INVENTORY>                        51471
<CURRENT-ASSETS>                   80084
<PP&E>                            218643
<DEPRECIATION>                     84553
<TOTAL-ASSETS>                    315465
<CURRENT-LIABILITIES>              72204
<BONDS>                                0
<PREFERRED-MANDATORY>                  0
<PREFERRED>                            0
<COMMON>                              97
<OTHER-SE>                          24217
<TOTAL-LIABILITY-AND-EQUITY>       315465
<SALES>                            589274
<TOTAL-REVENUES>                   589274
<CGS>                              418639
<TOTAL-COSTS>                      418639
<OTHER-EXPENSES>                   151478
<LOSS-PROVISION>                        0
<INTEREST-EXPENSE>                  26711
<INCOME-PRETAX>                     (7554)
<INCOME-TAX>                        (1949)
<INCOME-CONTINUING>                 (5605)
<DISCONTINUED>                          0
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                        (5605)
<EPS-PRIMARY>                       (0.71)
<EPS-DILUTED>                       (0.71)
        

</TABLE>
Exhibit 31.2


   CERTIFICATION OF CFO PURSUANT TO RULES 13A-14 AND 15D-14 OF THE SECURITIES
     EXCHANGE ACT OF 1934, AS AMENDED, AS ADOPTED PURSUANT TO SECTION 302 OF
                         THE SARBANES-OXLEY ACT OF 2002


I, Paul S. Moller, certify that:

1. I have reviewed this annual report on Form 10-KSB of Moller International;

2. Based on my knowledge, this annual 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 annual
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual 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 annual 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-14 and 15d-14) for the registrant and we have:

     a)   designed such disclosure controls and procedures 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 annual report
          is being prepared;

     b)   evaluated the effectiveness of the registrant's disclosure controls
          and procedures as of a date within 90 days prior to the filing date of
          this annual report (the "Evaluation Date"); and

     c)   presented in this annual report our conclusions about the
          effectiveness of the disclosure controls and procedures based on our
          evaluation as of the Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent function):

     a)   all significant deficiencies in the design or operation of internal
          controls which could adversely affect the registrant's ability to
          record, process, summarize and report financial data and have
          identified for the registrant's auditors any material weaknesses in
          internal controls; and

     b)   any fraud, whether or not material, that involves management or other
          employees who have a significant role in the registrant's internal
          controls; and

6. The registrant's other certifying officers and I have indicated in this
annual report whether or not there were significant changes in internal controls
or in other factors that could significantly affect internal controls subsequent
to the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date: November 2, 2006


/s/ Paul S. Moller
-----------------------

Chief Financial Officer
In The

Court of Appeals

Ninth District of Texas at Beaumont

_____________________ _____

09-18-00267-CR

09-18-00268-CR

__________________________

_________________________________________________________________ 

On Appeal from the 252nd District Court

of Jefferson County, Texas

Trial Cause Nos. 16-26420 and 16-26421

_________________________________________________________________ 

ORDER

Appellant’s counsel filed a motion to withdraw supported by a brief 

concluding that the instant appeals are frivolous. See Anders v. California, 386 

U.S. 738, 744 (1967). Appellant’s counsel certified that counsel provided copies of 

the motion and brief to Appellant, advised Appellant of Appellant’s right to 

examine the appellate record and file a pro se response, and supplied Appellant 

with a form motion for pro se access to the appellate record. See Kelly v. State, 436 

S.W.3d 313, 319-20 (Tex. Crim. App. 2014).

Kevin Kamper, Appellant

V.

The State of Texas, Appellee
Appellant requested access to the appellate record with this Court. We 

hereby direct the clerk of the trial court to provide access to a paper copy of the 

reporter’s record and clerk’s record to appellant, and to provide written verification 

to this Court of the date and manner in which the appellate record was provided, on 

or before Friday, January 18, 2019. See id., 436 S.W.3d at 321-22.

ORDER ENTERED January 8, 2019.

 PER CURIAM

Before Kreger, Horton, and Johnson, JJ.
ACCEPTED 12-13-00350-CR TWELFTH COURT OF APPEAL S TYLER, TEXAS 12/30/2014 9:58:31 AM CATHY LUSK CLERK



## RECEIVED IN 12th COURT OF APPEALS TYLER, TEXAS
12/30/2014 9:58:31 AM
CATHY S. LUSK Clerk 

# 12/30-2014
#### HART et al. v. STATE.

No. 19912.

Court of Criminal Appeals of Texas.

Nov. 30, 1938.

Marvin P. McCoy, of Houston, P. J. Alexander, of Smithville, and Leo C. Brady, of Houston, for appellants.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

KRUEGER, Judge.

The offense is burglary; the punishment assessed is confinement in the state penitentiary for a term of 2 years.

Appellants have quite a number of bills of exceptions in the record in which they complain of certain rulings of the trial court. Some of these bills are defective and insufficient to require consideration by this court. Therefore in disposing of this • *194case, we shall confine ourselves to a discussion of such questions as are properly presented for review.

Bill of exception number three reads as follows: “Be it remembered upon the trial of the above numbered and entitled cause that that portion of the Court’s charge wherein it submitted to the jury the question of whether or not, the witness Sandy Tolbert was an accomplice, was erroneous in that the uncontradicted testimony shows that the witness Sandy Tolbert was an accomplice and the same was not a question of fact to be determined by the jury but a question of law to be determined by the Court, and the defendants were entitled to an instructed verdict of not guilty * * * to all of which defendants objected and the same. constitutes a fundamental error which should require a reversal of this case.”

The certificate of the trial judge is as follows: “Submitted, examined and approved this the 13 day of May, A. D., 1938.”

Bill of exceptions numbers six and nine are in the same condition.

It will be noted that in each of said bills the court certifies that he committed error. It may be that the learned trial judge did not intend to certify that he erred in the respects stated in the bills. However, we must appraise them as presented by the record with the recitals therein. The court in no way undertook to modify or qualify any of said bills. Consequently this court has no option but to reverse the cause under the holdings in the following cases. See Reeves v. State, 117 Tex.Cr.R. 279, 35 S.W.2d 713; Griffin v. State, 121 Tex.Cr.R. 171, 50 S.W.2d 812; Rehm v. State, 128 Tex.Cr.R. 59, 78 S.W.2d 983; Lemons v. State, 127 Tex.Cr.R. 235, 75 S.W.2d 878.

Appellant questions the sufficiency of the evidence by which the state sought to corroborate the accomplice. This, in our opinion, presents a serious question, but one which we do not deem necessary to discuss at this time.

Without entering upon a discussion of the court’s charge, we deem it proper to suggest that upon another trial, the court should so draw his charge as not to require the jury to convict both defendants in ease they might believe only one of them to he guilty.

The judgment is reversed and the cause remanded.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
EXHIBIT 10.33.2


AMENDMENT TO AGREEMENT


          Spencer Trask Private Equity Fund I LP, Spencer Trask Private Equity Fund II LP, Spencer Trask Specialty Group, LLC, Kevin Kimberlin Partners LP and NuVim, Inc. agree to further amend their December 31, 2004 agreement, as previously amended on March 28, 2005, as follows:


          The reference to a $12 million offering of units of consisting of four shares of common stock, four Class A Warrants and four Class B Warrants at an initial public offering price of $12 is hereby changed, modified and amended to refer to an $8.1 million offering of 2,700,000 units consisting of one share of common stock, one Class A warrant and one B Class B warrant at an initial public offering price of $3.00.


          The reference in the agreement to a closing date of April 30, 2005 is hereby changed, modified and amended to refer to a close date of May 31, 2005.


          The remainder of the December 31, 2004 agreement, as previously amended on March 28, 2005, remains in full force and effect.


          Dated this 2nd day of May, 2005.

	
  
SPENCER TRASK PRIVATE   EQUITY FUND   I LP
  	
  
 
  	
  
SPENCER TRASK PRIVATE   EQUITY FUND   II LP
  
	
   
  	
  
 
  	
  
 
  
	
  
By: /s/ WILLIAM P. DIOGUARDI
  	
  
 
  	
  
By:  /s/ WILLIAM   P. DIOGUARDI
  
	
  


  	
  
 
  	
  


  
	
  
Print Name   and Title:
  	
  
 
  	
  
Print Name   and Title:
  
	
  
 
  	
  
 
  	
  
 
  
	
  
 
  	
  
 
  	
  
 
  
	
  
SPENCER TRASK SPECIALTY   GROUP LLC
  	
  
 
  	
  
KEVIN KIMBERLIN PARTNERS   LP
  
	
   
  	
  
 
  	
  
 
  
	
  
By:  /s/ DONALD   F. FARLEY
  	
  
 
  	
  
By:  /s/ KEVIN   KIMBERLIN
  
	
  


  	
  
 
  	
  


  
	
  
Print Name   and Title:
  	
  
 
  	
  
Print Name   and Title:
  
	
  
 
  	
  
 
  	
  
 
  
	
  
 
  	
  
 
  	
  
 
  
	
  
NUVIM, INC.
  	
  
 
  	
  
 
  
	
   
  	
   
  	
   
  
	
  By:  /s/ RICHARD   P. KUNDRAT
  	
   
  	
   
  
	
  


  	
   
  	
   
  
	
  Print Name   and Title: Richard P. Kundrat
  	
   
  	
   
  
	
  Chairman and   Chief Executive Officer
[Federal Register Volume 65, Number 228 (Monday, November 27, 2000)]
[Notices]
[Page 70734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30147]


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

DEPARTMENT OF THE INTERIOR

National Park Service


Ellis Island South Side, New York Harbor, New Jersey, Notice of 
Intent To Prepare an Environmental Impact Statement and Notice of 
Public Meetings

    In accordance with the National Environmental Policy Act of 1969 
(Pub. L. 91-109 section 102(c)), the National Park Service (NPS) is 
preparing an Environmental Impact Statement (EIS) for Ellis Island 
South Side located in upper New York Harbor, within the State of New 
Jersey. The purpose of the EIS is to assess the environmental 
consequences of alternative rehabilitation and management strategies 
including transportation access that will be described in a Development 
Concept Plan (DCP) that will form the basis for the EIS.
    The NPS will hold a series of scoping meetings to provide the 
public with an opportunity to provide input into the planning and 
assessment process. Meetings will be held at the following times and 
locations: 6-8 P.M., December 6, 2000, at the Department of 
Environmental Protection Meeting Room (1st Floor), Main DEP Building, 
401 East State Street, Trenton, NJ; 11 A.M-1 P.M., December 7, 2000, 
3rd Floor Conference Room, Ellis Island Main Building; and 6-8 P.M., 
December 7, 2000, Conference Room 2, Bowling Green Custom House, 
Manhattan, NY.
    The purpose of these meetings will be to obtain both written and 
verbal comments concerning the future direction and development of 
Ellis Island South Side. Those persons wishing to obtain additional 
information should contact the Superintendent, Statue of Liberty NM and 
Ellis Island, Liberty Island, New York NY 10004.
    The Draft DCP/EIS is expected to be completed and available for 
public review and comment in the early summer of 2000. After public and 
interagency review of the draft document comments will be considered, 
and a final EIS and record of decision shall be prepared.

    Dated: November 15, 2000.
Thomas Dyer,
Chief of Planning, Northeast Region Development Office.
[FR Doc. 00-30147 Filed 11-24-00; 8:45 am]
BILLING CODE 4310-70-P