alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court **of Appeals**

**San Antonio, Texas**

July 21, 2017

No. 04

- 17

- 00349

- CV

IN THE INTEREST OF M.G., CHILD

,

From the 288th Judicial District Court, Bexar County, Texas

Trial Court No. 2016PA02386

Honorable Charles E. Montemayor, Judge Presiding



### ORDER

The Appellant's Motion for Extension of Time to File Brief is hereby GRANTED. The

Appellant's Brief is due August 2, 2017. FURTHER MOTIONS FOR EXTENSION OF TIME

ARE DISFAVORED.

_________________________________ Irene Rios , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 21st day of July, 2017

.

___________________________________ Luz Estrada

Chief Deputy Clerk
#### W. W. GRIFFIN, ADM’R., *vs.*JOHN BLACK.

Where the action is for the detention of a written instrument, it is not necessary to give notice to the defendant to produce the paper on the trial, previously to proving the contents of such paper, as the suit itself is sufficient notice.

This was an action of detinue, tried before his Honor Judge Bailey, at the special Term of Pasquotank Superior Court, December, 1854.

The plaintiff declared for the detainer of a policy of insurance upon the life of James G. Scott, insured by the New York Insurance Company, being policy No. 930, for $3,000.

In the course of the trial below, the plaintiff offered parol proof of the contents of the policy of insurance, which was objected to by the defendant, but admitted by the Court. Exception by the defendant’s counsel.

Yerdict for the plaintiff.

Buie for a *venire de novo*for the cause of exception above mentioned: rule discharged : Judgment and appeal.

*Ma/rtin,*for plaintiff.

Heath, for defendant.

Nash, C. J.

We had supposed the rule of law to be well *2settled that when an action is to recover the possession of a special written instrument, or the paper is itself the founda* tion of the action, the bringing of the action is notice to the defendant and none other is required. It *is*a general rule, that where a written instrument is in the hands, or power of the defendant, the plaintiff, in order to avail himself of parol evidence of its contents, or to give a copy in evidence, must give notice to produce it on the trial, and must then prove its existence and its being in the possession or under the control of the defendant: *Smith*v. *Sleap,*1st Car. and Kir. 48.

To the first portion of the rule there are' three exceptions stated by Mr. Greenleaf, in his treatise on Evidence, S. 51, vol. 1st: First: Where the instrument to be produced and that to be proved are duplicate originals. *Second:*Where the instrument to be produced is, itself, a notice; as a notice to quit the possession of land ; or a notice of the dishonor of a bill of exchange. *Third:*Where from the nature of the action, the defendant has notice that the plaintiff intends to charge him with the possession of the instrument: as in teo-vee for a bill of exchange or note of hand. In either of these cases'is a notice to produce the instrument required, necessary ; because the action itself is deemed in law sufficient to put the defendant on his guard and to prevent surprise. This case falls under the third exception. The action is brought for the detainer by the defendant of a policy of insurance, the property of the plaintiff’s intestate: and it was proved that it was in his possession as the agent of Scott, the intestate, at the time of the demand made by the plaintiff. It was not necessary, therefore, for the plaintiff to give the defendant notice to produce the instrument, and his Honor committed no error in admitting the evidence complained of.

Judgment affirmed.

Per Cueiam.
Exhibit 32.1   CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)   In connection with the Quarterly Report on Form 10-Q for the period ending September 30, 2009 of Health Enhancement Products, Inc., a Nevada corporation (the Company), as filed with the Securities and Exchange Commission (the Report), I, Peter Vitulli, Chief Executive Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350), that to the best of my knowledge and belief:  (1) 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 result of operations of the Company.    Date: November 16, 2009 /s/ Peter Vitulli Peter Vitulli Chief Executive Officer          A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 HAS BEEN PROVIDED TO HEALTH ENHANCEMENT PRODUCTS, INC. AND WILL BE RETAINED BY HEALTH ENHANCEMENT PRODUCTS, INC. AND FURNISHED TO THE SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST
|   | (1) | The      Report fully complies with the requirements of Section 13(a) or 15(d) of      theSecurities      Exchange Act of 1934, as amended;and |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | The      information contained in this Report fairly presents, in all material      respects, thefinancial      condition and results of operations of the  Company. |
|--------|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    | /s/ Linquan Hu                                                                                                                                       |   | By:    | /s/ James Qi                                                                                                                                                            |
|--------|------------------------------------------------------------------------------------------------------------------------------------------------------|--------|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | Name:      Linquan Hu                                                                                                                                |   |   | Name:      James Qi                                                                                                                                                     |
|   | Title:        Chief Executive Officer                 (Principal Executive Officer) |   |   | Title:        Chief Financial Officer            (Principal      Financial and AccountingOfficer) |

----
Testimony for EPA Carbon Pollution Standards 

May 24,2012 

My name is Amanda Formica; I am from Arlington, Massachusetts and currently live in 

Washington, DC. First and foremost as a young person, I am testifying in strong support of the 

proposed Carbon Pollution Standard. I didn't study environmental issues in college, nor am I a 

professional environmentalist-right now I work with people who are homeless. The people I 

work with sleep on the street and in shelters and spend most of their day outside, all in a city 

graded "D" in air quality by the American Lung Association. I see many people with respiratory 

problems, asthma, and cancer, along with other health problems, and know that the smog from 

traffic, construction, and area coal power plants that functioned until recently on Capitol Hill, 

Buzzards Point, Benning Road, and in Alexandria, VA contribute to these problems. Moreover, I 

know people who died on the street or had life threatening emergencies because of the erratic 

weather influenced by climate change from too much carbon in the atmosphere. With 

increasingly high temperatures in the summer, unpredictable temperatures in the fall and winter, 

and flooding in the spring, people living outside cannot properly prepare to stay safe and are left 

more vulnerable. Poor people in general are more likely than rich people to live near coal power 

plants and are more likely to live in communities from where coal is extracted. They are 

therefore most susceptible to the health effects of unchecked carbon and are the least likely to get 

the benefits. They are less likely to have health insurance and often go into debt and even 

become homeless, as I have seen at my job, because they can't afford the bills for cancer 

treatment and chronic respiratory problems. 

I 
enforcement. The two hundred young people I worked with, including 60 American youth, know 

that this is an unacceptable scenario. For today's American children, more than 20% of whom 

live in poverty, and for their grandchildren's grandchildren, it is vital that we enact these 

standards and that they are only the beginning of major reform to American attitudes toward 

energy consumption and regulation. 

Thank you. 

Amanda Formica 

ajformica@gmail.com 

61 7-640-0628 

3
<Page>

                                                                   EXHIBIT 4.1.2



                            ARTICLES OF AMENDMENT TO
              THE ARTICLES OF INCORPORATION OF MANZANO CORPORATION

         Pursuant to the provisions of Section 53-13-4 NMSA 1978 of the New
Mexico Business Corporation Act, Manzano Corporation adopts the following
Articles of Amendment to its Articles of Incorporation:

         1.   ARTICLE I is amended to read as follows:

"The name of the Corporation is PNM Resources, Inc."

         2.   ARTICLE IV, Section A, is amended to change "One Hundred Seventy
(170) Million shares" to "One Hundred Thirty (130) Million shares" and "Fifty
(50) Million shares shall be Preferred Stock" to "Ten (10) Million shares shall
be Preferred Stock".

         The foregoing amendments were adopted by the sole shareholder of the
Corporation on April 10, 2001, in the manner prescribed by the New Mexico
Business Corporation Act. The number of shares outstanding and entitled to vote
on these amendments is 100. All shares were voted in favor of the amendments.

         Dated:  April 10, 2001.

                                     By:            /s/ Jeffry E. Sterba
                                        ----------------------------------------
                                        Jeffry E. Sterba, Chairman, President
                                        & Chief Executive Officer



                                     By:            /s/ Patrick T. Ortiz
                                        ----------------------------------------
                                        Patrick T. Ortiz, Senior Vice President,
                                        General Counsel & Secretary
<PAGE>

                                  Exhibit 10.7
                           Incentive Compensation Plan

                                WILLOW GROVE BANK
                           INCENTIVE COMPENSATION PLAN

Willow Grove Bank will pay an incentive compensation amount as a percentage of
director fees paid to each director on the Board based upon the performance of
the institution (excluding community enrichment expenses) as measured annually.
The approval and distribution will be after the report of this Independent
Public Accountants, usually at the end of the first quarter of the new fiscal
year. The performance measurement criteria is as follows:

<TABLE>
<CAPTION>
                                                                                  Director
                                                                                 Percentage
                                                                                 ----------
<S>               <C>                                                             <C>
1.       A.       SAFETY AND SOUNDNESS
                  Must have a CAMEL equal or superior
                  to rating on October 28, 1996.

         B.       INDEPENDENT AUDITOR'S REPORT
                  Must have an unqualified opinion on
                  Financial Statements.

         C.       RETURN ON ASSETS
                  ROA must be 10% above Mid-Atlantic Region peer Average.

         Percentage of Base Salary                                                    5%

2.       When Camel rating is superior to rating
             on October 28, 1996 exam.

         Maximum Additional Percentage                                                3%

3.       When ROA is in excess of 110 % of
         Mid-Atlantic Peer Average ROA.

         DIRECTOR
         For each additional 2.5 bp. above the 10%
         an additional 1%.

         Maximum Additional Percentage                                               12%

4.       Maximum Total Percentage of Base Directors Fees.                            20%


</TABLE>

                                       1
Exhibit
      32.1





CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER AND PRESIDENT


PURSUANT
      TO


18
      U.S.C.
      SECTION 1350,


AS
      ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I,
      Pinchas Althaus, certify, pursuant to 18 U.S.C. Section 1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
      Report of Dominion Minerals Corp. on Form 10-Q for the quarter ended June 30,
      2008 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 Form
      10-Q
      fairly presents, in all material respects, the financial condition and results
      of operations of Dominion Minerals Corp.











/s/
      Pinchas Althaus


Pinchas
      Althaus


Chief
      Executive Officer





August
      14, 2008
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



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  filing of the  Quarterly
Report on Form 10-Q for the Quarter  Ended  February 28, 2008 (the  "Report") by
Progressive  Training,  Inc.  ("Registrant"),  the undersigned  hereby certifies
that:

1.       to the  best of my  knowledge,  the  Report  fully  complies  with  the
         requirements  of section 13(a) or 15(d) of the Securities  Exchange Act
         of 1934; and

2.       to the best of my knowledge,  the  information  contained in the Report
         fairly presents, in all material respects,  the financial condition and
         results of operations of Registrant.




April 15, 2008                          By:  /S/ BUDDY YOUNG
                                             ---------------------------------
                                             Buddy Young
                                             Chief Executive Officer and Chief
                                             Financial Officer
Exhibit
      32.1





Certification*




In
      connection with the Interim Report of New Venture Holdings, Inc., (the
“Company”), on Form 10-Q for the three months ended March 31, 2008 as filed with
      the Securities and Exchange Commission on the date hereof (the “Periodic
      Report”) pursuant to the requirement set forth in Rule 13a-14(b) of the
      Securities Exchange Act of 1934, as amended (the “Exchange Act”), and
      Section 1350 of Chapter 63 of Title 18 of the United States Code
      (18 U.S.C.§ 1350), Vanleo Y.W. Fung, the principal executive officer and
      principal financial officer of the Company, hereby certify that, to the best
      of
      my knowledge:




1. The
      Periodic Report fully complies with the requirements of Section 13(a) or
      Section 15(d) of the Exchange Act, and




2. The
      information contained in the Periodic Report fairly presents, in all material
      respects, the financial condition and results of operations of the Company
      for
      the period covered by the Periodic Report.




Date:
                May 13, 2008
            By:
            /s/ Vanleo
              Y.W. FungVanleo
              Y.W. FungPrincipal
              Executive Officer and Principal Financial
              Officer  *  This
        certification accompanies the Periodic Report to which it relates, is not
        deemed
        filed with the Securities and Exchange Commission and is not to be incorporated
        by reference into any filing of New Venture Holdings, Inc. under the Securities
        Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended
        (whether made before or after the date of the Periodic Report), irrespective
        of
        any general incorporation language contained in such filing.
Exhibit 31.1

**SARBANES-OXLEY SECTION 302(a) CERTIFICATION**

I, **Timothy Barritt**, certify that:

1.      I have reviewed this **10-Q for the period ended May 31, 2008**, of Sterling Oil & Gas Company;

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 officer 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 (the registrant's fourth fiscal quarter in the case of an annual report) 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 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.
EXHIBIT
32
 
 Certification of Chief Executive
Officer and Chief Financial Officer of First Financial Northwest,
Inc.
 Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002
 
 
 Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), the
undersigned hereby certifies in his/her capacity as an officer of First
Financial Northwest, Inc. (the “Company”) and in connection with this Quarterly
Report on Form 10-Q, that:
 
 1.
              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
      as of the dates and for the periods presented in the financial statements
      included in the Report.
 .
 
 
 
 /s/Victor
Karpiak
 President
and Chief Executive Officer
 
 Dated:
August 7, 2009
 
 
 
 /s/Kari
Stenslie
 Chief
Financial Officer
 Principal
Financial and Accounting Officer
 
 Dated:
August 7, 2009
EXHIBIT 32.1
                                                                    ------------

         THE FOLLOWING CERTIFICATION IS PROVIDED BY THE UNDERSIGNED CHIEF
EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER OF CLARK, INC. ON THE BASIS OF
SUCH OFFICERS' KNOWLEDGE AND BELIEF FOR THE SOLE PURPOSE OF COMPLYING WITH 18
U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY
ACT OF 2002.

                                  Certification
                                  -------------

In connection with the Annual Report of Clark, Inc. (the "Company") on Form 10-K
for the year ended December 31, 2003 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Tom Wamberg, Chairman and Chief
Executive Officer and I, Jeffrey W. Lemajeur, Chief Financial Officer, of the
Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that:

         (1)      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/ Tom Wamberg
                                                        ------------------------
                                                               Name: Tom Wamberg
                                                             Title: Chairman and
                                                         Chief Executive Officer
                                                            Date: March 12, 2004


                                                        /s/ Jeffrey W. Lemajeur
                                                        ------------------------
                                                       Name: Jeffrey W. Lemajeur
                                                  Title: Chief Financial Officer
                                                            Date: March 12, 2004





A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.