alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JOE AGUIRRE,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

§

§

§

§

§

No. 08-24-00108-CR

Appeal from the

466th District Court

of Comal County, Texas

(TC# CR2017-339E)

CONCURRING OPINION

I join with the majority in concluding that we lack jurisdiction to consider the merits of 

appellant’s appeal. I write separately, however, because I am unable to turn a blind eye to a clerical 

error that came to light during our jurisdictional review. The error appears on the face of each of 

the several judgments of conviction.

When jurisdiction is established, an appellate court has the power to correct and reform a 

trial court judgment to make the record speak the truth when it has the necessary data and 

information to do so. Nolan v. State, 39 S.W.3d 697, 698 (Tex. App.—Houston [1st Dist.] 2001, 

no pet.) (citing Asberry v. State, 813 S.W.2d 526, 529 (Tex. App.—Dallas 1991, pet. ref’d)); see 

also Tex. R. App. P. 43.2(b). Here, the indictment charged appellant with 11 counts of possession 

with intent to promote child pornography in violation of Texas Penal Code § 43.26(e), and these 
counts were enhanced by his prior conviction for possession of a prohibited weapon pursuant to 

Texas Penal Code § 12.42(b). Related thereto, and relevant to this appeal, appellant signed a

written Plea Bargain Agreement entered into with the State, which was admitted into evidence as 

State’s Exhibit 1. The Plea Bargain Agreement reflects that appellant agreed he would plead guilty 

to, and be found guilty of, the offense of “possession of child pornography with intent to promote[,] 

11 counts.” In reviewing each of the judgments of conviction, the charged offense is correctly

described but the same cannot be said for the correlating reference to the penal code provision. 

Instead of Texas Penal Code § 43.26(e) appearing on the face of the judgments, each incorrectly 

states the charged offense as “43.2(e),” which is a nonexistent statutory provision.

I searched but did not find clear authority permitting us to correct and reform these 

judgments where our jurisdiction is lacking. That being said, however, the trial court itself does 

not appear to be precluded from entering judgments nunc pro tunc to correct for clerical errors. 

See Alvarez v. State, 605 S.W.2d 615, 617 (Tex. Crim. App. [Panel Op.] 1980) (“Even though 

thirty days have passed after the entry of a judgment, a trial court retains the power to enter a nunc 

pro tunc order correcting any ‘clerical error’ which may appear in the judgment.”). Although I 

write separately to address this lingering concern, I otherwise join and concur with the majority’s 

dismissal of this appeal for the reasons given. See Tex. R. App. P. 43.2(f).

GINA M. PALAFOX, Justice

May 24, 2024

Before Palafox and Soto, JJ., and Barajas, C.J., (Ret.)

Barajas, C.J., (Ret.), (sitting by assignment)

Palafox, J., concurring
<PAGE>   1

                                                                   EXHIBIT 10.27

                                 Letters patent
                                Patents Act 1990
[LOGO]
Commonwealth                                                              No.
of Australia                                                              695346


                                STANDARD PATENT


I, Janet Lucille Warner, Acting Commissioner of Patents, grant a Standard
Patent with the following particulars:

Name and Address of Patentee:
Paul L. Simmons, 6223 Pasadena Point Boulevard Gulfport FL 33707 United States
Of America

Name of Actual Inventor: Paul L. Simmons

Title of Invention: Non-toxic hypocompatible biodegradable germicide

Application Number: 73298/94

Term of Letters Patent: Twenty years commencing on 15 July 1994

Priority Details:

Number
092556

Date
16 July 1993

Filed with
UNITED STATES OF AMERICA



[LOGO]
                                    Dated this 26 day of November 1998

                                             /s/ Janet Werner

                                               J.L. WERNER
                                      ACTING COMMISSIONER OF PATENTS
1 

In The 

Court of Appeals 

Ninth District of Texas at Beaumont 

____________________ 

NO. 09-17-00499-CV 

____________________ 

MEGAN LAMB, Appellant 

V. 

DECKER PRAIRIE RV PARK, Appellee 

________________________________________________________________________ 

On Appeal from the County Court at Law No. 2 

Montgomery County, Texas 

Trial Cause No. 17-30250

________________________________________________________________________ 

MEMORANDUM OPINION 

Megan Lamb, Appellant, filed a notice of appeal with the trial court on 

December 28, 2017. Despite written notices from this Court and an opportunity to 

cure, to date, Appellant has neither established indigence nor paid the filing fee for 

the appeal. See Tex. R. App. P. 5, 20.1. In addition, no clerk’s record has been filed, 

and the clerk responsible for preparing the record in this appeal informed the Court 

that Appellant did not make arrangements to pay for the record. See Tex. R. App. P. 

37.3(b). We notified the parties that the appeal would be dismissed unless the filing 
2 

fee was paid and Appellant arranged to file the record. Appellant did not respond to 

the Court’s notices. 

Appellant did not file a statement of inability to pay costs and has not shown 

that she is entitled to proceed without payment of costs. See Tex. R. App. P. 20.1. 

There being no satisfactory explanation for the failure to pay the filing fee for the 

appeal, and there being no satisfactory explanation for the failure to file the clerk’s 

record, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b), 

42.3. 

APPEAL DISMISSED. 

 

 

 ________________________________ 

 CHARLES KREGER 

 Justice 

 

Submitted on March 28, 2018 

Opinion Delivered March 29, 2018 

Before McKeithen, C.J., Kreger and Horton, JJ.
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 Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-4829-DR; Docket ID FEMA-2024-0001]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of South Carolina (FEMA-4829-DR), dated September 29, 2024, and related determinations.

# DATES:

This amendment was issued October 5, 2024.

# FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of South Carolina is hereby amended to include the following area among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of September 29, 2024.

Hampton County for Individual Assistance.

Hampton County for debris removal and emergency protective measures (Categories A and B), including direct federal assistance under the Public Assistance program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2024-24680 Filed 10-23-24; 8:45 am]

BILLING CODE 9111-23-P
# Co u r t o f A p p eals

o f th e S tate o f G eo r g ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _

Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A2 4 A0 45 3 . CARA W I LLI AMS v . THE STATE.

In 2 0 1 9

, a ju ry fo u n d Cara W i l l i am s g u il t y o f m u lt i pl e co u nt s o f fo rg ery i n t h e

s eco n d deg ree, fi n an ci al t ran s act i o n card t h eft

, ag g rav at ed id en t i t y frau d, an d m ak i n g

fal s e s t at em en ts

. Fo l l o wi n g th e t ri al co u rt ’ s d en i al o f her m o t i o n s fo r o u t

- o f-t i m e

ap p eal s , W i l l i am s ap p eal ed t o t h is Co u rt

. W e v a c a t e d t h e t ri al co u rt ’ s o rd er an d

d i rect ed t h e co u rt t o en ter a n ew o rd er d i s m i s s i n g t h e m o t i o n s

. W i l l i ams v. S t at e , Cas e

No

. A2 2 A0 4 04 (d eci ded M ay 6, 2 02 2 ). W i l l i am s l at er fi l ed an ex t rao rd i n ary m o t i o n

fo r n ew tri al an d d em an d fo r ev i d en t i ary heari ng , wh i ch t h e t ri al co u rt d i s m i s s ed

. Sh e

t h en fi led t h i s d i rect ap p eal , b u t we l ack ju ri s d ict i o n

. Pret erm itting w he t

he r the c our

t’ s or de r w a s int erl ocu t o ry becau s e m ot i o n s were

s t il l p en d i n g i n t h e co u rt bel o w wh en W i l l iam s fi l ed h er n o t i ce o f ap p eal

, OCGA §

5

- 6 -3 5 (a) (7 ) req u i res a d is cret i o nary ap p l i cat i on t o ap p eal fro m t he d en i al o f an

ex t rao rd i n ary m o ti o n fo r n ew t ri al

. See Ba l kco m v. S t a te
, 2 2 7 Ga. Ap p

. 3 2 7

, 3 3 1 -3 3 2
(4 8 9 SE2 d 1 29 ) (1 9 97 ). “ Th e req u i rem en ts of O CGA § 5 -6 -3 5 are ju ri s d i ct i o n al an d

t h i s co u rt can n o t accep t an ap p eal n o t m ad e i n co m p l i an ce t herewi t h .” Bo

yl e v. S t a t e , 1 9 0 Ga. Ap p

. 7 3 4

, 7 3 4 (3 8 0 SE2 d 5 7 ) (1 9 8 9 ). W i l l i am s ’ s fai l u re t o fi le an ap p l i cat i o n December 11, 2023fo r a d i s cret i o n ary ap p eal dep ri v es u s o f ju ri s d i ct i o n o v er t h i s d i rect ap p eal

, wh i ch i s

h ereb y DISM ISSED.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia

C le r k ’ s O f f i c e
, A t la n t a
,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r ti fy t h a t t h e a b o v e i s a t r u e e x t r a c t f r o m

t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i tn e s s m y s i g n a t u r e a n d th e s e a l o

f s a i d c o u r t
h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. 12/11/2023
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 10-60228

Summary Calendar

KUFFOUR OSEI,

Petitioner

v.

ERIC H. HOLDER, JR., U.S. ATTORNEY GENERAL,

Respondent

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A042 471 080

Before HIGGINBOTHAM, BENAVIDES, and ELROD, Circuit Judges.

PER CURIAM:

*

Kuffour Osei, a native and citizen of Ghana, petitions this court for review

of an order of the Board of Immigration Appeals (BIA) dismissing his appeal

from the denial of his request for a waiver of inadmissibility under former

§ 212(c) of the Immigration and Nationality Act, in conjunction with his

application for adjustment of status. The parties agree that the relevant issue

is when Osei agreed to plead guilty to a 1996 state charge of credit card abuse.

If a plea agreement was “made” before April 24, 1996, then Osei would be

United States Court of Appeals

Fifth Circuit

F I L E D

January 6, 2011

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. R. 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 5TH CIR.

R. 47.5.4.

Case: 10-60228 Document: 00511341780 Page: 1 Date Filed: 01/06/2011
No. 10-60228

eligible for relief under former § 212(c); if a plea agreement was made on a later

date, then he would not be eligible for relief.

Because Osei is removable based on a prior firearm conviction, we lack

jurisdiction to consider the BIA’s determination that Osei is ineligible for a

waiver of inadmissibility. See 8 U.S.C. § 1252(a)(2)(C). Although this provision

does not preclude review of constitutional claims and questions of law, see

§ 1252(a)(2)(D), we find that Osei has not made any arguments in his brief

raising a colorable constitutional claim or a question of law.

Accordingly, Osei’s petition for review is DISMISSED.

2

Case: 10-60228 Document: 00511341780 Page: 2 Date Filed: 01/06/2011
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 Bosco Holdings,  Inc. (the "Company") on Form 10-Q/A for the period ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"),  the undersigned,  in the capacities and on the dates indicated  below,  hereby  certifies  pursuant to 18 U.S.C.  Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley Act of 2002, that to his 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: April 12, 2010  /s/ Alexander Dannikov ---------------------------------------- Alexander Dannikov, President, C.E.O. and Chief Financial Officer
#### Revor, Respondent, vs. Revor, Appellant.

*November ó*—

December *2, 1952.*

*557For the appellant there was a brief by *Steele, Mau & Toepel*of La Crosse, and oral argument by *Eugene A. T oepel.*

For the respondent there was a brief by *Kostner & Krum-hols*of Bloomer, and *Johns & Pappas*of La Crosse, and oral argument by *Peter G. Pappas.*

Martin, J.

This is a replevin action, and the question for decision is whether the plaintiff is entitled to possession of the property.

Plaintiff and her two sisters testified that on the day after Fred Revor’s death the subject of the trailer came up in the conversation and plaintiff said she would let defendant take it and he and the other children could use it.

Defendant testified that his first conversation with plaintiff regarding the trailer was on the day he took it, some two weeks after his father’s death. He had come for it in response to a call from his sister that plaintiff was giving the trailer to the children and wanted him to take care of it. The testimony of Mildred Kuehnest, the sister, was to the same effect.

*558Alfred La Frania, a disinterested witness, testified that about a week after the funeral plaintiff told him she was going to give the trailer to all the children because she wanted it to stay in the family.

About two weeks after defendant took the trailer he came back for some tools and at that time he asked plaintiff whether she had found the title to the trailer. She replied that she could not give it to him because if she did she would be giving him the trailer. Plaintiff corroborates this.

The question whether plaintiff had parted with title to the property by gift was for the jury, and the evidence supports its finding that she had. Although there is inconsistency between the proof and the answer filed by defendant, it is immaterial in this action whether plaintiff made the gift to defendant alone or to all the children of Fred Revor. The only question being that of plaintiff’á right to possession of the property and the jury having found, upon sufficient credible evidence, that she made a gift of the trailer, the trial court erred in changing the answer of the special verdict and granting judgment for the plaintiff.

*By the Court.*— Judgment reversed and cause remanded with directions to dismiss the complaint.
EXHIBIT 10.5

INDEPENDENT AUDITORS CONSENT

To the Board of Directors and Stockholders
of Retalix Ltd.

We consent to the incorporation by reference into the
Registration Statements on Form S-8 (file Nos. 333-14238, 333-12146, 333-09840
and 333-109874) and Form F-3 (file no. 333-110681) of Retalix Ltd. (the
Company) of our report dated January 16, 2002 on the financial statements of
Retail Control Systems, Inc. as of December 31, 2001 and 2000 and for the year
ended December 31, 2001 and for the three months ended December 31, 2000 which
appears in this Annual Report of the Company on Form 20-F for the year ending
December 31, 2003.

By: /s/ Grossman Yanak & Ford LLP

June 28, 2004

---

---
---

M I L L A R W E S T E R N F O R E S T P R O D U C T S L T D .

T e l : 7 8 0 . 4 8 6 . 8 2 0
0           F a x : 7 8 0 . 4
8 6 . 8 2 8 2

Exhibit 13.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ENACTED
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, J. Craig Armstrong, President and Chief Executive Officer of
Millar Western Forest Products Ltd. (the Company), certify, pursuant to 18
U.S.C. section 1350, as enacted pursuant to section 906 of the Sarbanes-Oxley
Act of 2002, that, to the best of my knowledge:

| | (i)  | the Companys annual report on Form 20-F for the fiscal
      year ended December 31, 2014, (the Report) fully complies with the
      requirements of section 13(a) or 15(d) of the Securities Exchange Act of
      1934; and
| | ---- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                  
| | (ii) | the information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company.                                                                 

Dated: March 1, 2016

| | /s/ J.
      Craig Armstrong         
| | -------------------------------------
| |                                      
| | J. Craig Armstrong                   
| | President and Chief Executive Officer

1 6 6 4 0  1 1 1 A v e n u e , E d m o n t o n , A l b e r t a
, C a n a d a T 5 M 2 S 5

---
(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 9, 2010
    By:
    /s/ William C. StoneWilliam C. StoneChairman of the Board and Chief Executive Officer 
(Principal Executive Officer) Date: August 9, 2010
    By:
    /s/ Patrick J. PedontiPatrick J. PedontiSenior Vice President and Chief Financial      Officer 
(Principal Financial Officer)
[Federal Register Volume 89, Number 206 (Thursday, October 24, 2024)]
[Notices]
[Page 84914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24657]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4795-DR; Docket ID FEMA-2024-0001]


New Mexico; Amendment No. 7 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of New Mexico (FEMA-4795-DR), dated June 20, 2024, and 
related determinations.

DATES: This change occurred on October 1, 2024.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and 
Recovery, Federal Emergency Management Agency, 500 C Street SW, 
Washington, DC 20472, (202) 646-2833.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) hereby gives notice that pursuant to the authority vested in the 
Administrator, under Executive Order 12148, as amended, Jose M. Gil 
Monta[ntilde]ez, of FEMA is appointed to act as the Federal 
Coordinating Officer for this disaster.
    This action terminates the appointment of James R. McPherson, as 
Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers 
(CFDA) are to be used for reporting and drawing funds: 97.030, 
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster 
Unemployment Assistance (DUA); 97.046, Fire Management Assistance 
Grant; 97.048, Disaster Housing Assistance to Individuals and 
Households In Presidentially Declared Disaster Areas; 97.049, 
Presidentially Declared Disaster Assistance--Disaster Housing 
Operations for Individuals and Households; 97.050, Presidentially 
Declared Disaster Assistance to Individuals and Households--Other 
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially 
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2024-24657 Filed 10-23-24; 8:45 am]
BILLING CODE 9111-23-P
EXHIBIT 32.1











CERTIFICATION OF CHIEF EXECUTIVE OFFICER


PURSUANT TO 18 U.S.C. SECTION 1350





In connection with this Quarterly Report of Affordable Green Homes International, Inc. (the "Company") on Form 10-Q for the period ending December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael P. Vahl, Chief Executive Officer of the Company, certifies to the best of his knowledge, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:





1.
Such Quarterly Report on Form 10-Q for the period ending December 31, 2010, 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 such Quarterly Report on Form 10-Q for the period ending December 31, 2010, fairly presents, in all material respects, the financial condition and results of operations of Affordable Green Homes International, Inc.





Dated: February 9, 2011





AFFORDBLE GREEN HOMES INTERNATIONAL, INC.





By:   /s/ Michael P. Vahl



Chief Executive Officer
# Third District Court of Appeal State of Florida Opinion filed January 13, 2021. Not final until disposition of timely filed motion for rehearing.

________________ No. 3D20-1701 Lower Tribunal No. 96-12914

________________ 

### Steven Gamble, Appellant, vs. 

### The State of Florida, Appellee. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Lody Jean, Judge. Steven Gamble, in proper person. Ashley Moody, Attorney General, for appellee. Before EMAS, C.J., and SCALES and LOBREE, JJ. PER CURIAM. Affirmed. See Gamble v. State, 919 So. 2d 452 (Fla. 3d DCA 2005).