alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Orr, to the use of Moyer, *v.*Greiner, Appellant.

*Contracts*— Contracts *for the sale of real estate*— Breach—Dam*ages*— Case *for jury.*

In an action to recover damages for a vendor’s breach* of an agreement to sell real estate, the ease is for the jury and a verdict and judgment for the plaintiff will be sustained, where there is evidence that the plaintiff was ready and willing to purchase the property, that defendant refused to convey in accordance with the terms of the contract and thereby waived his right to require plaintiff to be ready and willing to purchase, and that plaintiff thereupon rescinded the contract.

Argued May 1, 1916.

Appeal, No. 183, Jan. T., 1915, by defendant, from judgment of C. P. Lebanon Co., March T., 19.14, No. 88, on verdict for plaintiff in case of John C. Orr, to the use of Gabriel H. Moyer, v. George G. Greiner:

Before Mestrezat, Potter, Mosctizisker, Frazer and Walling, JJ.

Affirmed.

Assumpsit to recover for breach of written contract to convey real estate. Before Henry, P. J.

The facts appear in Orr v. Greiner, 254 Pa. 308.

Verdict for plaintiff for $10,460.

*315The lower court subsequently entered judgment on the verdict for the sum of $5,230. Defendant appealed.

*Error assigned,*among others, was in refusing to direct a verdict for the defendant.

*Jefferson Snyder,*with him *C. K. Witmer*and *C. H. Killinger,*for appellant.

*Warren G. Light,*for appellee.

July 1, 1916:

Per Curiam,

There is no question of fact or law raised on this appeal which requires discussion. The court permitted the jury to determine whether the plaintiff was ready and willing to comply with his part of the agreement, whether the defendant was guilty of a breach of his covenant in refusing to convey the premises in accordance with the terms of the contract and thereby waived his right to require the plaintiff to be ready and willing, and whether the plaintiff had rescinded the contract of purchase. These were the controlling questions in the case, were submitted in a charge of which the appellant cannot justly complain, and on ample evidence to sustain a verdict for the plaintiff. In fact, as intimated in the opinion of the learned trial judge, the court gave the defendant all, if not more than, he was entitled to demand in submitting to the jury to determine whether he had committed a breach of the contract in refusing to convey the property as required by the agreement.

Judgment affirmed.
Attachment 4: Going Green – View Your FEHB Brochure Online or 

Contact Your Plan for a Paper Brochure 

Please remember that paper copies of health plan brochures will not be 

automatically mailed to Federal Employees Health Benefits (FEHB) Program 

members. 

Health plan brochures are available online at www.opm.gov/FEHBbrochures or 

on your health plan’s website. Accessing brochures online will help to lower 

administrative costs and protect natural resources. 

Your FEHB health plan will contact you to offer the option of obtaining your 

2014 benefit brochure online or requesting a paper copy of the benefit brochure. 

If you did not previously request a paper copy of your health plan’s 

brochure, you will not automatically receive one. If you change plans, your 

new health plan will mail you a paper copy of its brochure. 

If you choose to review the online version of your plan’s benefit brochure, you 

will still receive the Open Season package your plan normally mails to you. This 

package will include an explanation of benefit changes and your new premium 

rate for 2014. 

Go to www.opm.gov/FEHBbrochures to view your FEHB health plan brochure 

and to get more information about our Going Green initiative.
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth ___________________________

No. 02-23-00136-CV

___________________________

On Appeal from County Court at Law No. 1

Tarrant County, Texas

Trial Court No. 2023-001101-1

Before Bassel, Womack, and Wallach, JJ.

Per Curiam Memorandum Opinion

ARIADNE JOINER, Appellant

V.

ORION MIRADOR PROPERTY DE LLC DBA MIRADOR, Appellee
2

MEMORANDUM OPINION AND JUDGMENT

On September 7, 2023, we notified appellant that her brief had not been filed 

as the appellate rules require. See Tex. R. App. P. 38.6(a). We stated that we could 

dismiss the appeal for want of prosecution unless, within ten days, appellant filed with 

the court an appellant’s brief and an accompanying motion reasonably explaining the 

brief’s untimely filing and why an extension was needed. See Tex. R. App. P. 10.5(b), 

38.8(a)(1), 42.3(b). We have received no response.

Because appellant has failed to file a brief even after we afforded an 

opportunity to explain the initial failure, we dismiss the appeal for want of 

prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f).

Per Curiam

Delivered: October 5, 2023
EXHIBIT 32

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Emilia Ochoa, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge,
Castillo, Inc.'s Quarterly Report on Form 10-Q for the fiscal quarter ended
March 31, 2009 fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 and that information contained in such
Quarterly Report on Form 10-Q fairly presents in all material respects the
financial condition and results of operations of Castillo, Inc.


Date: May 11, 2009                    By: /s/ Emilia Ochoa
                                         ---------------------------------------
                                      Name:  Emilia Ochoa
                                      Title: Chief Executive & Financial Officer
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### Landiv m

3 1
Exhibit 31.1

CERTIFICATION

I,
Jennifer M. Davis, certify that:

1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect
of the period covered by this report on Form 10-K of Santander Drive Auto Receivables Trust 2012-5 (the Exchange Act periodic reports);

2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the period
covered by this report is included in the Exchange Act periodic reports;

4. Based on my knowledge and the servicer compliance
statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and

5. All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on
assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this
report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.

In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: Deutsche
Bank Trust Company Americas.



By:

/s/ Jennifer M. DavisName:

Jennifer M. DavisTitle:

Deputy Chief Financial OfficerDate:

August 19, 2016
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02

- 18

- 00357

- CR

T OSHA L

ADIACAY H ARKINS

, Appellant

V

.

T HE S TATE OF T EXAS §

§

§

§

§ On Appeal from the 355th District Court

of Hood Co un ty (CR13689)

August 26, 2019

Opinion by Justice Womack

(nfp)

JUDGMENT

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

was no error in the trial court’s judgment. It is ordered that the judgment of the trial

court i s affirmed.

SECOND DISTRICT COURT OF APPEALS

B y /s/ Dana Womack

Justice Dana Womack
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6825

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ROBERT EUGENE FEDD, Defendant - Appellant. Appeal from the United States District Court for the District ofSouth Carolina, at Orangeburg. Charles E. Simons, Jr., Senior District Judge. (CR-96-492, CA-97-3818-5-6) Submitted: July 30, 1998 Decided: August 27, 1998 Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert Eugene Fedd, Appellant Pro Se. Jane Barrett Taylor, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Robert Eugene Fedd seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998). We have reviewed the record and the district court’sopinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Fedd , Nos. CR-96-492; CA97-3818-5-6 (D.S.C. May 22, 1998). We dispense with oral argument because the facts and legal contentions are adequately presented inthe materials before the court and argument would not aid the decisional process.

DISMISSED
**EXHIBIT      32**

**CERTIFICATION      PURSUANT TO 18 U.S.C. 1350 AS ADOPTED**

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

|   | 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. |
|--------|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:                August 14, 2008                                                      |
|-------------------------------------------------------------------------------------------|
|                                                                                      |
| By:                                                                                       | /s/                Gregory E. Thomas |
| Name:                 Gregory E. Thomas                                              |
| Title:                   General Manager & Principle Executive Officer |
|                                                                                      |
| By:                                                                                       | /s/                Michael R. Council |
| Name:                 Michael R. Council                                             |
| Title:                   Chief Financial Officer                           |

----
EXHIBIT 35.1  ANNUAL SERVICER COMPLIANCE STATEMENT PURSUANT TO ITEM 1123 OF REGULATION AB

CARMAX BUSINESS SERVICES, LLC

The undersigned, a duly authorized officer of CarMax Business Services, LLC, as Servicer pursuant to Section 3.10 of the Sale and Servicing Agreement dated as of June 1, 2012 (the Sale and
Servicing Agreement) among CarMax Auto Owner Trust 2012-2, as Issuer (the Issuer), CarMax Auto Funding LLC, as Depositor, CarMax Business Services, LLC, as Servicer (the Servicer), and Wells Fargo Bank, National
Association, as Backup Servicer, does hereby certify that:



| | 1. | CarMax Business Services, LLC is, as of the date hereof, the Servicer under the Sale and Servicing Agreement.
| | -- | -------------------------------------------------------------------------------------------------------------



| | 2. | The undersigned is duly authorized to execute and deliver this Officers Certificate.
| | -- | -------------------------------------------------------------------------------------



| | 3. | A review of the activities of the Servicer during the period beginning on June 13, 2012 and ending on February 28, 2013 and of the Servicers performance
under the Sale and Servicing Agreement was made under my supervision. To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Sale and Servicing Agreement in all material respects throughout
such period.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Capitalized terms used in
this certificate and not otherwise defined herein have the meanings assigned to them in the Sale and Servicing Agreement.

IN
WITNESS WHEREOF, the undersigned, a duly authorized officer of the Servicer, has duly executed this Officers Certificate this 24th day of May, 2013.



CARMAX BUSINESS SERVICES, LLC/s/ Thomas W. ReedyThomas W. Reedy
Executive Vice President, Chief Financial Officer
and Treasurer
**EXHIBIT
      32.2**





**STATEMENT
      OF CHIEF ACCOUNTING OFFICER**


**PURSUANT
      TO SECTION 1350 OF TITLE 18 OF THE UNITED STATES CODE**








Pursuant
      to Section 1350 of Title 18 of the United States Code, the undersigned, Peter
      Roston, chief accounting officer of Stirling Acquisition Corporation (the
      "Company"), hereby certifies that:





The
      Company's Form 10-Q Quarterly Report for the period ended September 30, 2007
      (the "Report") fully complies with the requirements of Section 15(d) of the
      Securities Exchange Act of 1934; and





The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the Company.








/s/
                John L. PetersenJohn
                L. Petersen,
                Chief Financial OfficerDated:
                November 13, 2007




1
No. 72-1144.

#### Lomprez et al. *v.*United States.

C. A. 7th Cir. Certiorari denied.
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
  (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.
 IMH SECURED LOAN FUND, LLCBy:
    
    Investors Mortgage Holdings, Inc.Its:
    
    ManagerBy:
    
    /s/ Shane AlbersShane AlbersChief Executive OfficerBy:
    
    /s/ Steven DarakSteven DarakChief Financial OfficerDated:
    
    November 19, 2008
---

CERTIFICATION PURSUANT TO SECTION 302 OF THE
SARBANES-OXLEY ACT OF 2002

I, Ken MacAlpine, certify that:

1.        I have reviewed
this quarterly report on Form 10-Q of Sombrio Capital Corp.;

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 small business issuer as of, and
for, the periods presented in this report;

4.        I am responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer 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 small business issuer, 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 small business issuer'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 small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter (the small business issuer's fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting;

5.        I have disclosed,
based on my most recent evaluation of internal control over financial reporting,
to the small business issuer's auditors and the audit committee of the small
business issuer'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 small business issuer'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 small business issuer's internal control over
financial reporting.

Date: March 12, 2010

/s/ Ken MacAlpine Ken MacAlpine President,
Secretary and Treasurer (Chief Executive Officer and Chief Financial
Officer)

---
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 Geovic Mining Corp. (the Company) on Form 10-Q for the period ended
March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John E. Sherborne, Chief Executive 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 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |     |  |                                          
|------------------ |  | --- |  | -----------------------------------------
|Date: May 11, 2010 |  | By: |  | /s/ John E. Sherborne                    
|                   |  |     |  | John E. Sherborne Chief
Executive Officer
Order entered January 28 , 2015

In The 

## Court of Appeals **Fifth District of Texas at Dallas** No. 05 - 15 - 00100 - CV No. 05 - 15 - 00101 - CV IN RE CHANNING WAIR, Relator On Appeal from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F - 0951478 - R ; F - 0951425 - R 

### O RDER Based on the Court’s opinion of this date, we DENY the petition for writ of mandamus. We ORDER relator to bear the costs of this original proceeding

. /s/ ADA BROWN JUSTICE
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Exhibit 32.1.3

CERTIFICATION

I, James K. Sanders, principal financial officer of Hawker Beechcraft Acquisition Company, LLC (the
Company), hereby certify that, based on my knowledge:



|(1) | The Companys Quarterly Report on Form 10-Q for the quarter ended March 30, 2008 (the Report) fully complies with the requirements of Section 13(a) or
15(d) of the Securities 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 the Company.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                            
|------------------------------------------------------------
|/s/ James K. Sanders                                        
|James K. Sanders, Vice President and Chief Financial
Officer
|(Principal Financial Officer)                               

May 7, 2008