alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered May 1, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-01350-CR

DONALD RAY MCKINNEY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 7

Dallas County, Texas

Trial Court Cause No. F12-47067-Y

ORDER

On March 24, 2015, this Court adopted the trial court’s finding that appellant is indigent 

for record purposes and is entitled to proceed without payment for the reporter’s record. We 

ordered court reporters Sharon Hazlewood and Melva Key to coordinate to file the complete 

reporter’s record by May 1, 2015. The Court now has before it correspondence from Ms. Key 

stating that she has completed her portion of the reporter’s record. She states, however, that Ms. 

Hazlewood stated “she has not been paid for the record.” Ms. Key sought direction on how to 

proceed with filing the record.

Because appellant is indigent for purposes of the reporter’s record, Ms. Hazlewood 

cannot withhold preparing or filing the record pending “payment.” Accordingly, this is the 

ORDER of the Court.
We ORDER Melva Key, by MAY 4, 2015, to deliver her portion of the reporter’s record 

to Sharon Hazlewood for inclusion in the complete record, and to provide this Court, by May 6, 

2015, with written verification that she has delivered her portion of the record to Sharon 

Hazlewood.

We ORDER Sharon Hazlewood to file, by 4:00 p.m. on MONDAY, MAY 11, 2015, the 

complete reporter’s record, including a Master Index and all exhibits, in this appeal. If the 

complete reporter’s record is not filed by the date and time specified, the Court will utilize the 

available remedies, including referring Ms. Hazlewood to the Texas Court Reporter’s 

Certification Board and ordering that she surrender her notes to the trial court for delivery to 

another court reporter to transcribe.

We further ORDER that Sharon Hazlewood not sit as a court reporter until she has filed 

the complete record, including a proper Master Index and all exhibits, in this appeal.

We DIRECT the Clerk to send copies of this order to the Honorable Elizabeth Frizell, 

Presiding Judge, Criminal District Court No. 7; Sharon Hazlewood, court reporter; Melva Key, 

court reporter, and to counsel for all parties.

/s/ CAROLYN WRIGHT

CHIEF JUSTICE
<TABLE> <S> <C>

<ARTICLE> 5

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<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                             419
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<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     10,000
<COMMON>                                         1,935
<OTHER-SE>                                    (11,516)
<TOTAL-LIABILITY-AND-EQUITY>                       419
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 4,702
<LOSS-PROVISION>                                     0
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<INCOME-PRETAX>                                (4,702)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
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<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,702)
<EPS-BASIC>                                          0
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</TABLE>
#### Globe Steel Tubes Company and another, Respondents, vs. Industrial Commission and another, Appellants.

*October 17*

November *18, 1947.*

*496For the appellants there was a brief by *L. A. Tarrell*of Milwaukee, attorney for Carse Daniels, joined in by the *Attorney General*and *Mortimer Levitan,*assistant attorney general, attorneys for the Industrial Commission, and oral argument by *Mr. Tarrell*and *Mr. Levitan.*

For the respondents there was a brief by *Quarles, Spence & Quarles,*attorneys, and *Kenneth P. Grubb*of counsel, all of Milwaukee, and oral argument by *Mr. Grubb.*

Rector, J.

The case turns upon the question of whether there is credible evidence to support the finding that Daniels fell because of the injury to his leg suffered on March 18, 1943, during the course of his employment by the Globe Steel Tubes Company.

There can be no doubt that he suffered a severe fracture of the lower left leg at that time; that thereafter he experienced considerable discomfort and suffering; that he complained of swelling and weakness in the le'ft ankle; and that he was under a physician’s care periodically from the time of the first injury to the time of the second. It is not thus established, however, that the fall was occasioned by the prior injury.

Daniels is unable to account for the fall except as he said that he was cooking breakfast; the coffee started to boil over; he turned to his left to shut off the gas; and his left leg doubled up. *497Dr. Nimz treated Daniels on the occasion of both injuries. He testified that he found no evidence that the knee was affected at the time of the first injury. He did find that prior to the second one there was a ten per cent permanent disability in the ankle by reason of loss of motion, swelling, and lack of endurance, but he stated that he could not, with any degree of medical certainty, identify any disability that Daniels suffered as the result of his first injury as the cause of his second one.

Whether Daniels’ leg gave way as the result of a condition occasioned by the first injury is purely speculative, so far as the evidence discloses. There was not even a remote connection shown between the fall and the prior disability. Where we are dealing, as here, with a subject matter which is not within common knowledge, there must be some basis in medical testimony for an award. *F. A. McDonald Co. v. Industrial Comm.*(1947) 250 Wis. 134, 26 N. W. (2d) 165.

*By the Court.*— Judgment affirmed.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

THOMAS BYRD,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D19-1232

[February 18, 2021]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Jeffrey Colbath, Judge; L.T. Case No. 50-2012-CF-009385-

BXXX-MB.

Thomas J. Butler of Thomas Butler, P.A., Miami Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Georgina JimenezOrosa, Senior Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

CIKLIN, CONNER and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
*May 5, 1942.*

#### Sherman and another, Appellants, vs. Woodland Builders Corporation, Respondent.

For the appellants : *Morrissy & Morrissy*of Lake Geneva.

For the respondent: *Ruzicka & Fulton*and *Simmons, Walker, Wratten & Sporer,*all of Racine.

*By the Court.*

Order affirmed.
EXHIBIT  32.2

                            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  Infinicall  Corporation  (the
"Company") on Form 10-QSB for the period ended Decemjber 31, 2004, as filed with
the  Securities  and  Exchange  Commission on the date hereof (the "Report"), I,
James A. Trodden, Interim Financial 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:

(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.



             /s/  James  A.  Trodden
                  Interim  Chief  Financial  Officer
Exhibit 99.1

                            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 Arkona, Inc. (the "Company")
on Form 10-Q for the  quarterly  period  ended  June 30,  2002 as filed with the
Securities and Exchange  Commission on the date hereof (the  "Report"),  I, Alan
Rudd,  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.


                                      /s/ Alan Rudd
                                      ------------------------
                                      Alan Rudd
                                      Chief Executive Officer
                                      August 13, 2002




<PAGE>
**Exhibit 23**
**CONSENT OF INDEPENDENT ACCOUNTANTS**
We hereby consent to the incorporation by reference in the RegistrationStatement on Form S-8 (File Nos. 33-44551, 33-56289, 33-64317, 333-46615,333-59790, 333-65822, 333-75539, 333-75541, 333-75543, 333-91613) of R.H.Donnelley Corporation of our report dated February 21, 2003 relating to theR.H. Donnelley Corporation consolidated financial statements and our reportdated January 17, 2003 relating to the DonTech Partnership combined financialstatements, which appear in this Form 10-K.
/s/ PRICEWATERHOUSECOOPERS LLP
New York, New York
**EXHIBIT
        32.2**
 
 **CERTIFICATION
        PURSUANT TO**
 **18
        U.S.C. SECTION 1350**
 **AS
        ADOPTED PURSUANT TO**
 **SECTION
        906 OF THE SARBANES-OXLEY ACT OF 2002**
 
 The
        undersigned, Lavi Krasney, the Secretary, Treasurer, and Director of Cardio
        Vascular Medical Device Corp. (the “Company”), certifies, under the standards
        set forth and solely for the purposes of 18 U.S.C. 1350, as adopted pursuant
        to
        Section 906 of the Sarbanes-Oxley Act of 2002, that, to his knowledge, this
        Quarterly Report on Form 10-Q of the Company 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 the information contained in this Form 10-Q fairly
        presents, in all material respects, the financial condition and results of
        operations of the Company.
  Date:
        July 25, 2008
 By:
                /s/ Lavi KrasneyName:
                Lavi KrasneyTitle:
                Secretary, Treasurer, and Director
                  (Principal Financial and Accounting Officer)
 
 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.
 
 14
* 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.

United States Court of Appeals

Fifth Circuit

FILED

August 17, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-41420

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ELMER ENRIQUE MARQUEZ-FLORES,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:04-CR-237-ALL

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

Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges. 

PER CURIAM:*

Elmer Enrique Marquez-Flores appeals his sentence imposed

following his guilty plea to illegal reentry after deportation. 

He was sentenced to 33 months of imprisonment and two years of

supervised release. He argues that, in light of United States v.

Booker, 125 S. Ct. 738 (2005), his sentence is invalid because

the district court applied the Sentencing Guidelines as if they

were mandatory. We review for plain error. United States v.

Mares, 402 F.3d 511, 513, 520-22 (5th Cir. 2005), petition for
No. 04-41420

-2-

cert. filed (Mar. 31, 2005) (No. 04-9517); United States v.

Valenzuela-Quevedo, 407 F.3d 728, 732 (5th Cir. 2005), petition

for cert. filed (July 25, 2005) (No. 05-5556). 

Marquez-Flores is unable to establish plain error with

regard to his Booker claim because he cannot establish that being

sentenced under a mandatory Guidelines scheme affected his

substantial rights. The record does not indicate that the

district court “would have reached a significantly different

result” under a sentencing scheme in which the Guidelines were

advisory only. See Mares, 402 F.3d at 520-22;

Valenzuela-Quevedo, 407 F.3d at 733-34. 

Marquez-Flores also asserts that the “felony” and

“aggravated felony” provisions of 8 U.S.C. § 1326(a) and (b) are

unconstitutional. He acknowledges that his argument is

foreclosed, but he seeks to preserve the issue for possible

Supreme Court review in light of Apprendi v. New Jersey, 530 U.S.

466 (2000). This issue is foreclosed. See Almendarez-Torres v.

United States, 523 U.S. 224, 247 (1998); United States v. Dabeit,

231 F.3d 979, 984 (5th Cir. 2000). 

Accordingly, the judgment of the district court is AFFIRMED.
Exhibit 32.2
Form 10-KSB
Viking Systems, Inc.
File No. 000-49636



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

     The certification set forth below is being submitted in connection with the
Viking Systems,  Inc.(the "Company") Annual Report on Form 10-KSB for the fiscal
year  ended  December  31,  2003 as  filed  with  the  Securities  and  Exchange
Commission on the date hereof (the  "Report") for the purpose of complying  with
Rule  13a-14(b) or Rule  15d-14(b) of the  Securities  Exchange Act of 1934 (the
"Exchange  Act") and Section 1350 of Chapter 63 of Title 18 of the United States
Code.

      I, Dennis Blomquist, Chief Financial Officer of the Company, certify that:

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

     2. the information contained in the Report fairly presents, in all material
respects,  the financial  condition and results of operations of Viking Systems,
Inc.


Dated:     March 8, 2004             By: /s/ Dennis Blomquist
                                         ------------------------------------
                                         Dennis Blomquist
                                         Chief Financial Officer
GRADY M. KITTRELL,

Petitioner,

v.

JANE K. KITTRELL,

Respondent.

___________________________/

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D14-1918

Opinion filed September 19, 2014.

Petition for Writ of Mandamus -- Original Jurisdiction.

Grady M. Kittrell, pro se, Petitioner.

No appearance for Respondent.

PER CURIAM.

The petition for writ of mandamus is denied on the merits. See Hedrick v. State,

6 So. 3d 688, 693 (Fla. 4th DCA 2009) (holding that trial judge was not required to 

rule on motion to disqualify which was never served on judge as required by Florida 

Rule of Judicial Administration 2.330(c)); Thomas v. State, Dept. of Revenue, 74 So. 

3d 145 (Fla. 1st DCA 2011) (stating that absent a showing that an express and distinct 

demand for performance was made, mandamus will not lie to compel a court to rule on 

a pleading in a civil matter).

WOLF, RAY, and OSTERHAUS, JJ., CONCUR.
<Page>

                                                                   Exhibit 10.11

c  o  g  e  n  t
   C O M M U N I C A T I O N S                BRILLIANTLY FAST. ELEGANTLY SIMPLE
--------------------------------------------------------------------------------



6715 Kenilworth Avenue Partnership
1015 31st Street, NW
Washington, DC 20007


Re: Lease Agreement Term: Sept 1, 2000 - 8/31/2001
Cogent Communications, Inc-
1015 31st Street, NW, Washington, DC 20007


Dear Mr. Schaeffer,                                August 1, 2001


         In reference to the above subject Lease Agreement between Cogent
Communications, Inc. (Tenant) and 6715 Kenilworth Avenue Partnership (Landlord),
Cogent Communications, Inc. elects to extend the lease, at the location
referenced above, and per the conditions of the existing Lease, for an
additional one (1) year term with a new expiration date of August 31, 2002.

         All other conditions of the Lease shall remain the same. Please
acknowledge receipt of this notice by signing and returning a copy of this
letter.

TENANT:  COGENT COMMUNICATIONS, INC

                  /s/
--------------------------------------------
Thaddeus G. Weed
Title: VP, Controller


LANDLORD:  6715 KENILWORTH AVENUE PARTNERSHIP

                  /s/
--------------------------------------------
Dave Schaeffer
Title: General Partner
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          11,067
<INT-BEARING-DEPOSITS>                              30
<FED-FUNDS-SOLD>                                 9,060
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     34,737
<INVESTMENTS-CARRYING>                           3,017
<INVESTMENTS-MARKET>                             3,059
<LOANS>                                        197,397
<ALLOWANCE>                                      2,356
<TOTAL-ASSETS>                                 264,867
<DEPOSITS>                                     226,867
<SHORT-TERM>                                     5,295
<LIABILITIES-OTHER>                              2,648
<LONG-TERM>                                      3,305
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         3,341
<OTHER-SE>                                      23,650
<TOTAL-LIABILITIES-AND-EQUITY>                 264,867
<INTEREST-LOAN>                                 13,285
<INTEREST-INVEST>                                1,572
<INTEREST-OTHER>                                   153
<INTEREST-TOTAL>                                15,010
<INTEREST-DEPOSIT>                               5,895
<INTEREST-EXPENSE>                               6,205
<INTEREST-INCOME-NET>                            8,805
<LOAN-LOSSES>                                      528
<SECURITIES-GAINS>                                 (2)
<EXPENSE-OTHER>                                  7,065
<INCOME-PRETAX>                                  3,486
<INCOME-PRE-EXTRAORDINARY>                       2,388
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,388
<EPS-BASIC>                                     0.71
<EPS-DILUTED>                                     0.71
<YIELD-ACTUAL>                                    4.85
<LOANS-NON>                                        587
<LOANS-PAST>                                       829
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 2,070
<CHARGE-OFFS>                                      317
<RECOVERIES>                                        75
<ALLOWANCE-CLOSE>                                2,356
<ALLOWANCE-DOMESTIC>                             2,356
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
Exhibit 31.1

CERTIFICATION

I, Andrew Brooks, certify that:

1.	I have reviewed this quarterly report on Form 10-Q/A of Cardo Medical, Inc.;

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
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.



|Date: March 30, 2009 | /s/ ANDREW  A. BROOKS
                      Andrew A. BrooksChief Executive Officer
|-------------------- | -----------------------------------------------------------------------------------

---