alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Third District Court of Appeal

State of Florida

Opinion filed May 1, 2019.

________________

No. 3D18-2242

Lower Tribunal Nos. 18-0249 & 18-0088

________________

Haydee Alfaro Gonzalez,

Petitioner,

vs.

City of Miami, a Municipal Corporation

of the State of Florida,

Respondent.

A Writ of Certiorari to the Circuit Court for Miami-Dade County, Appellate

Division, Veronica A. Diaz, Oscar Rodriguez-Fonts, and Renatha S. Francis,

Judges.

Rex E. Russo, for petitioner.

Victoria Méndez, City Attorney, and Kerri L. McNulty, Sr. Appellate

Counsel, for respondent.

Before SALTER, LINDSEY, and MILLER, JJ.

PER CURIAM.
ON MOTION FOR REHEARING

Upon consideration of Petitioner’s Motion for Rehearing, we grant rehearing

and withdraw the opinion of February 20, 2019, and substitute the following

opinion in its place.

ON PARTIAL CONFESSION OF ERROR

Petitioner Haydee Alfaro Gonzalez seeks to reinstate two separate appeals,

which the Eleventh Judicial Circuit Appellate Division consolidated and then

dismissed.1 The City of Miami concedes that there was no basis to dismiss the

appeal from the Code Enforcement Board (Case No. 18-88 AP). With respect to

the appeal from the Unsafe Structures Panel (Case No. 18-249 AP), we hold that

dismissal was improper because the notice of appeal was timely filed. We

therefore grant the petition for writ of certiorari, quash the appellate division’s

dismissal order, and remand for reinstatement of the consolidated appeals.

Petition granted; order quashed.

1 Petitioner appealed (1) an order from the Code Enforcement Board (Case No. 18-

088 AP) and (2) an order from the City’s Unsafe Structures Panel (Case No. 18-

249 AP).

2
# Official Journal L 111/2021

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 111 |
| | |
| English edition | Legislation | Volume 6431 March 2021 |

ISSN 1977-0677

Official Journal

of the European Union

L 111

English edition

Legislation

Volume 6431 March 2021

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2021/550 of 26 March 2021 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Radicchio Rosso di Treviso’ (PGI)) | 1 |
| | * | Commission Implementing Regulation (EU) 2021/551 of 30 March 2021 concerning the authorisation of turmeric extract, turmeric oil, turmeric oleoresin from Curcuma
  longa L. rhizome as feed additives for all animal species and turmeric tincture from Curcuma longa L. rhizome as a feed additive for horses and dogs (
  1
  ) | 3 |
| | * | Commission Implementing Regulation (EU) 2021/552 of 30 March 2021 granting a Union authorisation for the biocidal product family ‘DEC-AHOL® Product Family’ (
  1
  ) | 13 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2021/550 of 26 March 2021 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Radicchio Rosso di Treviso’ (PGI))

1

*

Commission Implementing Regulation (EU) 2021/551 of 30 March 2021 concerning the authorisation of turmeric extract, turmeric oil, turmeric oleoresin from Curcuma
  longa L. rhizome as feed additives for all animal species and turmeric tincture from Curcuma longa L. rhizome as a feed additive for horses and dogs (
  1
  )

Curcuma

longa

Curcuma longa

1

3

*

Commission Implementing Regulation (EU) 2021/552 of 30 March 2021 granting a Union authorisation for the biocidal product family ‘DEC-AHOL® Product Family’ (
  1
  )

1

13

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
Memorandum

From: William Swietlik, USEPA/OW/OST

Ph: (202) 566-1129, Swietlik.william@epa.gov

To: Public Docket for the Preliminary 2014 Effluent Guidelines Program Plan

EPA Docket Number EPA-HQ-OW-2014-0170 (http://www.regulations.gov)

Date: September 16, 2014

Re: Docket EPA-HQ-OW-2010-0824 Incorporated by Reference

EPA is required by the Clean Water Act to annually review all existing effluent 

guidelines with each successive review building upon the results of earlier reviews. Specifically, 

the information and data collected in the docket supporting the Final 2012 Effluent Guidelines 

Program Plan (September 16, 2014; 79 FR 55472) informs and supports the Preliminary and 

Final 2014 Effluent Guidelines Program Plans. Therefore, the following docket, “2012 Effluent 

Guidelines Program Plan,” EPA Docket Number: OW-2010-0824 is incorporated by reference 

through this memorandum into the public record for the “2014 Effluent Guidelines Program 

Plan,” EPA Docket Number: OW-2014-0170.
Undertaking

    


    October
1, 2010

    


    Havaya
Corp.

    


    Dear
Gentleman:

    


    Each of the undersigned Directors of
Havaya Corp. (“Company”) hereby undertakes to provide a loan of up to $5,000 to
the Company (for an aggregate loan of up to $10,000) to help the Company cover
its projected Federal securities laws compliance costs over the next twelve
months in the event that the Company has insufficient funds to meets such
costs.

    


    Please
contact us if you have any questions.

    


    Very
truly yours,

    


    
      
        
          
            	
                    /s/ Avraham Grundman

                  	 	
                    /s/ Benny Adler

                  
	
                    Mr.
      Avraham Grundman

                  	 	
                    Mr.
      Benny Adler
Exhibit
31.2





EQUITY
GENERAL PARTNER CERTIFICATION


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





I, Robert
McKinney, certify that:





1. I have
reviewed this quarterly report on Form 10-Q of National Property Analysts Master
Limited Partnership;





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(s) 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(s) 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:
                    November 12, 2009By:
                    Feldman International Inc., its equity general
      partnerBy:
                    /s/ Robert McKinneyName:
                    Robert
      McKinneyTitle:
                    President
United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

1924 Building - Room 2R90, 100 Alabama Street, S.W.

Atlanta, Georgia 30303-3104
<PAGE>

                                                                    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 National Property Analysts Master
Limited Partnership ("NPAMLP") on Form 10-Q for the period ending March 31, 2006
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Edward B. Lipkin, President of EBL&S, Inc., the Managing General
Partner of NPAMLP 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) Information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of NPAMLP.

                                        NATIONAL PROPERTY ANALYSTS MASTER
                                        LIMITED PARTNERSHIP
                                        (Registrant)

                                        Date: May 12, 2006

                                        By: EBL&S, Inc., its managing general
                                            partner


                                        By: /s/ Edward B. Lipkin
                                            ------------------------------------
                                        Name: Edward B. Lipkin
                                        Title: President
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-83,098-01

EX PARTE CHARLES LAMONT WALLER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1445688-A IN THE 208TH DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of 3,4

methlenedioxy methamphetamine (MDMA) and sentenced to imprisonment for two years. He did

not appeal his conviction. 

Applicant contends that his plea was involuntaryand that his conviction violates due process.

The evidence in his case was tested and found not to contain MDMA, even though the lab test shows

that the evidence contained cocaine and methamphetamine, different controlled substances.
2

The parties have entered agreed findings of fact and conclusions of law, and the trial court

has determined that Applicant’s decision to plead guilty in this case was not a voluntary and

intelligent choice. Applicant is entitled to relief. Ex parte Mable, 443 S.W.3d 129 (Tex. Crim. App.

2014).

Relief is granted. The judgment in cause number 1445688 in the 208th District Court of

Harris County is set aside, and Applicant is remanded to the custody of the Sheriff of Harris County

to answer the charges as set out in the information. The trial court shall issue any necessary bench

warrant within 10 days after the mandate of this Court issues.

Copies of this opinion shall be sent to the Texas Department ofCriminal Justice–Correctional

Institutions Division and Pardons and Paroles Division.

Delivered: May 4, 2016

Do not publish
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 Annual Report of CECO
Environmental Corp. (the Company) on Form 10-K for the period ending December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Dennis W. Blazer, Vice President-Finance
and Administration and Chief 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/ Dennis W. BlazerDennis W. BlazerVice President-Finance and Administration andChief Financial OfficerMarch 29, 2010
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-18-00780-CV

A. P., Appellant

v.

Texas Department of Family and Protective Services, Appellee

FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY 

NO. D-1-FM-16-005421, THE HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING

NO. 03-18-00781-CV

A. P. and J. P. C., Appellants

v.

Texas Department of Family and Protective Services, Appellee

FROM THE 419TH DISTRICT COURT OF TRAVIS COUNTY 

NO. D-1-FM-17-006849, THE HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING

O R D E R

PER CURIAM
2

Appellants A.P. and J.P.C. filed their notices of appeal on November 26, 2018. 

The appellate records were complete December 27, 2018, and appellants’ briefs were due

January 22, 2019. On January 23, 2019, counsel for A.P. filed a motion for extension of time to 

file appellant’s briefs.

The rules of judicial administration accelerate the final disposition of appeals 

from suits for termination of parental rights. See Tex. R. Jud. Admin. 6.2(a) (providing 180 days 

for court’s final disposition). The accelerated schedule constrains this Court’s leeway in granting 

extensions. In this instance, we will grant appellant’s motion and on this Court’s own motion 

order John M. Sigman, counsel for A.P., and Robert Galvin, counsel for J.P.C., to file appellants’ 

briefs no later than February 11, 2019. If the briefs are not filed by that date, counsel may be 

required to show cause why they should not be held in contempt of court.

It is ordered on January 31, 2019.

Before Justices Goodwin, Baker, and Triana
<PAGE>




                                   Exhibit 32
                      18 U.S.C. Section 1350 Certification

I hereby certify pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906
of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that
the accompanying Form 10-QSB of Cecil Bancorp, Inc. ("Bancorp") for the
quarterly period ended June 30, 2004, fully complies with the requirements of
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or
78o(d)); and that the information contained in this Form 10-QSB fairly presents,
in all material respects, the financial condition and results of operations of
Bancorp.


By: /s/ Mary B. Halsey                                  August 14, 2004
   ---------------------------------------    -------------------------
Mary B. Halsey                                              Date
President, Chief Executive Officer and Chief
Financial Officer
(Principal Executive Officer and Principal Financial Officer)



                                    Page 21
ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 52 and 70 [EPA-R07-OAR-2009-0913; FRL ] Approval and Promulgation of Implementation Plans; State of Nebraska AGENCY: Environmental Protection Agency (EPA) . ACTION: Proposed rule. SUMMARY: EPA is proposing to approve revisions to the State Implementation Plan (SIP) and Operating Permits Programto revise the state definition of volatile organic compounds; clarify language and incorporate rules related to construction permits to incorporate application fees and include a mechanism to use construction permits to accomplish other permitting needs; and clarify language related to open fires and explicitly include an exemption for fires used for religious activities. Approval of these revisions will ensure consistency between the state and Federally-approved rules. DATES: Comments on this proposed action must be received in writing by [insert date 30 days fromthe date of publication in the Federal Register] . ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-OAR-2009-0913, by mail to Chrissy Wolfersberger, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101 .2

Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register. FOR FURTHER INFORMATION CONTACT: Chrissy Wolfersberger at 913- 551-7864 or by e-mail at Wolfersberger.chris@epa.gov. SUPPLEMENTARY INFORMATION: In the final rules section of the Federal Register, EPA is approving revisions to .the state's SIP and Operating Permits Programas a direct final rule without prior proposal because the Agency views this as a noncontroversial revision amendment and anticipates no relevant adverse comments to this action. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed if

action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed fromthe remainder of the rule, EPA may adopt as final3

those parts of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this Federal Register. 

### Dated: 2/ ZO/0

Julv 21. 2010 illiamRice, Acting RegionalAdministrator, Region7.
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

I, Matthew B.
Smith, state and attest that:



|1. | I am the President of Main Place Funding, LLC (the Registrant).
|-- | -----------------------------------------------------------------



|2. | I hereby 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 on Form 10-Q of the Registrant for the quarter ended March 31, 2008 (the Report) containing financial statements fully complies with
the requirements of Section 13(a) or 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 Registrant for the periods presented.



|                    
|--------------------
|/s/ Matthew B. Smith
|Matthew B. Smith    
|President           
|May 14, 2008
<PAGE>
 
                                   EXHIBIT 11

             STATEMENT REGARDING COMPUTATION OF EARNINGS PER SHARE

<TABLE>
<CAPTION>
 
 
                                             Three Months         Nine Months
                                                 Ended               Ended
                                          December 31, 1996    December 31, 1996
                                          -----------------    -----------------
<S>                                       <C>                  <C>
Net Income                                    $ 48,890                32,403
                                                ======                ======
 
Weighted average shares outstanding            231,928               231,250
 
Reduction for common shares not yet released 
  by Employee Stock Ownership Plan             (15,778)              (16,084)
 
Common stock equivalents due to dilutive 
  effect of stock options                         *                     *
                                               -------               -------
 
Total weighted average common shares and
  equivalents outstanding                      216,150               215,166
                                               =======               =======
 
Primary earnings per share                    $   0.23                  0.15
                                                  ====                  ====
 
Total weighted average common shares and
  equivalents outstanding for primary
  computation                                  216,150               215,166
 
Additional dilutive shares using the end of
  period market value versus the average 
  market value when applying the treasury 
  stock method                                    **                    **
                                               -------               -------
 
Total weighted average common shares and
  equivalents outstanding for fully diluted
  computation                                  216,150               215,166
                                               =======               =======
 
Fully diluted earnings per share              $   0.23                  0.15
                                                  ====                  ====

</TABLE>

*    Note:  The market value of the stock at December 31, 1996 was $10.00, the
            same as the stock option exercise price; therefore, no common stock
            equivalents are computed.

**   Note:  If average share price is greater than ending price, use average
            price for both primary and fully diluted calculation. This
            adjustment does not apply because the average price and the ending
            price at December 31, 1996 are the same as the option exercise price
            of $10.00 per share.



                                     -15-