alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DISMISS; and Opinion Filed August 14, 2019.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-19-00582-CR

DARIN BERNARD JOHNSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 292nd Judicial District Court

Dallas County, Texas

Trial Court Cause No. F17-75869-V

MEMORANDUM OPINION

Before Justices Myers, Molberg, and Carlyle

Opinion by Justice Molberg

Before the Court is appellant’s August 12, 2019 motion to withdraw the appeal. In the 

motion, appellant states the trial court granted the motion for new trial and asks to withdraw the 

appeal. The motion is signed by appellate counsel but is not signed by appellant. See TEX. R. APP.

P. 42.2(a) (appellant and his attorney must sign written motion to dismiss). Therefore, we deny 

the motion.

Also before the Court is a copy of the trial court’s July 19, 2019 order granting appellant’s 

motion for new trial. When the trial court grants a motion for new trial, the case is restored to its 

position before the former trial. TEX. R. APP. P. 21.9(b). Because there is no sentence to be 

appealed, we have no jurisdiction over the appeal. See Waller v. State, 931 S.W.2d 640, 643–44 

(Tex. App.–Dallas 1996, no pet.).
–2–

We dismiss this appeal for want of jurisdiction.

Do Not Publish

TEX. R. APP. P. 47.2(b)

190582F.U05

/Ken Molberg/

KEN MOLBERG

JUSTICE
–3–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

DARIN BERNARD JOHNSON, Appellant

No. 05-19-00582-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the 292nd Judicial District 

Court, Dallas County, Texas

Trial Court Cause No. F17-75869-V.

Opinion delivered by Justice Molberg, 

Justices Myers and Carlyle participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want of 

jurisdiction. 

Judgment entered this 14th day of August, 2019.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted
from the Unaudited Statements of Operations and Accumulated
Deficit for the Nine Months Ended September 30, 2000 and the
Unaudited Balance Sheet at September 30, 2000 and is qualified in
its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                         511,074
<SECURITIES>                                         0
<RECEIVABLES>                                  309,077
<ALLOWANCES>                                         0
<INVENTORY>                                    222,565
<CURRENT-ASSETS>                             1,043,002
<PP&E>                                         417,782
<DEPRECIATION>                                 409,005
<TOTAL-ASSETS>                               1,051,779
<CURRENT-LIABILITIES>                           93,881
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     10,000
<COMMON>                                       122,824
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 1,051,779
<SALES>                                      1,039,949
<TOTAL-REVENUES>                             1,056,036
<CGS>                                          603,588
<TOTAL-COSTS>                                  938,654
<OTHER-EXPENSES>                                 4,857
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              15,810
<INCOME-PRETAX>                                 96,715
<INCOME-TAX>                                    87,691
<INCOME-CONTINUING>                             87,691
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    87,691
<EPS-BASIC>                                      .00
<EPS-DILUTED>                                      .00


</TABLE>
*Monday, June 21, 1999*

MOTION DOCKET

95-42.

#### State v. Wogenstahl.

Hamilton App. No. C-930222. On April 9, 1997, this court stayed the execution of sentence in this cause pending exhaustion of state post-conviction remedies. It appearing to the court that this court declined jurisdiction and dismissed the appeal in case No. 99-632, appellant’s post-conviction appeal, on June 2,1999,

IT IS ORDERED by the court, *sua sponte,*that the stay of execution entered in this cause on April 9,1997, be and is hereby revoked.

IT IS HEREBY ORDERED by this court that said sentence be carried into execution by the Warden of the Southern Ohio Correction Facility or, in his absence, by the Deputy Warden on *1410Monday, the 20th day of September 1999, in accordance with the statutes so provided.

IT IS FURTHER ORDERED that a certified copy of this entry and a warrant under the seal of this court be duly certified to the Warden of the Southern Ohio Correctional Facility and that said Warden shall make due return thereof to the Clerk of the Court of Common Pleas of Hamilton County.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1343 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1343

 To require the Administrator of the National Oceanic and Atmospheric 
Administration to maintain a project to improve hurricane forecasting, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 14, 2015

 Mr. Rubio (for himself and Mr. Nelson) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
 To require the Administrator of the National Oceanic and Atmospheric 
Administration to maintain a project to improve hurricane forecasting, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. HURRICANE FORECAST IMPROVEMENT PROJECT.

    (a) In General.--The Administrator of the National Oceanic and 
Atmospheric Administration, in collaboration with the American weather 
industry and such academic entities as the Administrator considers 
appropriate, shall maintain a project to improve hurricane forecasting.
    (b) Goal.--The goal of the project maintained under subsection (a) 
shall be to develop and extend accurate hurricane forecasts and 
warnings in order to reduce loss of life, injury, and damage to the 
economy, with a focus on--
            (1) improving the prediction of rapid intensification and 
        track of hurricanes;
            (2) improving the forecast and communication of storm 
        surges from hurricanes; and
            (3) incorporating risk communication research to create 
        more effective watch and warning products.
    (c) Project Plan.--Not later than 1 year after the date of the 
enactment of this Act, the Administrator, acting through the Director 
of the National Weather Service and in consultation with the Assistant 
Administrator for Oceanic and Atmospheric Research and the Assistant 
Administrator for the National Ocean Service, shall develop a plan for 
the project maintained under subsection (a) that details the specific 
research, development, and technology transfer activities, as well as 
corresponding resources and timelines, necessary to achieve the goal 
set forth in subsection (b).
                                 <all>
```
<PAGE>   1
                                                         EXHIBIT 23.1





                        Consent of Independent Auditors

The Board of Directors
CNET, Inc.



We consent to incorporation by reference in the registration statement on Forms
S-8 (File Nos. 333-07667, 333-34491 and 333-67325) and Forms S-3 (File Nos.
333-46203, 333-56633 and 333-73023) of CNET, Inc. of our report dated February
9, 1999, except as to paragraph 5 of footnote 5 and footnote 10 which are as of
March 22, 1999, and our report on Schedule dated March 22, 1999, relating to
consolidated balance sheets of CNET, Inc. and subsidiaries as of December 31,
1998 and 1997, and the related consolidated statements of operations,
stockholders' equity (deficit), and cash flows for each of the years in the
three-year period ended December 31, 1998, which report appears in the December
31, 1998 annual report on Form 10-K/A of CNET, Inc.


                                                           /s/ KPMG LLP


San Francisco, California

August 2, 1999
II 

114TH CONGRESS 

1ST SESSION S. 1196 

To amend the Mineral Leasing Act to authorize the Secretary of the Interior 

to grant rights-of-way on Federal land. 

IN THE SENATE OF THE UNITED STATES 

MAY 5, 2015 

Mr. CASSIDY (for himself, Mr. INHOFE, and Mrs. CAPITO) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Mineral Leasing Act to authorize the Secretary of the Interior to grant rights-of-way on Federal 

land. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Land Access 

5 Act’’. 

6 SEC. 2. RIGHTS-OF-WAY THROUGH NATIONAL PARK SYS7 TEM LAND AUTHORIZED. 

8 Section 28(b)(1) of the Mineral Leasing Act (30 

9 U.S.C. 185(b)(1)) is amended— 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•S 1196 IS

1 (1) in the first sentence, by striking ‘‘(b)’’ and 

2 all that follows through ‘‘the purposes of this sec3 tion’’ and inserting the following: 

4 ‘‘(b) DEFINITIONS.—In this section: 

5 ‘‘(1) FEDERAL LANDS.— 

6 ‘‘(A) IN GENERAL.—The term’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(2) INCLUSION.—For purposes of granting an 

9 application for a natural gas pipeline right-of-way, 

10 the term ‘Federal lands’ means all lands owned by 

11 the United States, except those lands held in trust 

12 for an Indian or Indian tribe and lands on the outer 

13 Continental Shelf.’’. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS
<PAGE>   1
                                                                  EXHIBIT 10.V.1

                             AMENDMENT NO. 1 TO THE
                           EL PASO ENERGY CORPORATION
                    1999 OMNIBUS INCENTIVE COMPENSATION PLAN

         Pursuant to Section 16.1 of the El Paso Energy Corporation 1999 Omnibus
Incentive Compensation Plan, effective as of January 20, 1999 (the "Plan"), the
Plan is hereby amended as follows, effective February 7, 2001:

         WHEREAS, the Certificate of Incorporation of El Paso Energy
Corporation, a Delaware corporation, was amended to change the name of the
corporation to El Paso Corporation effective February 7, 2001.

         NOW THEREFORE, the name of the Plan is hereby changed to the "El Paso
Corporation 1999 Omnibus Incentive Compensation Plan" and all references in the
Plan to "El Paso Energy Corporation" or the "Company" shall mean "El Paso
Corporation."

         IN WITNESS WHEREOF, the Company has caused this amendment to be duly
executed on this 7th day of February 2001.


                                       EL PASO CORPORATION

                                       By:      /s/ Joel Richards III
                                           ----------------------------------
                                           Joel Richards III
                                           Executive Vice President
                                           Human Resources and Administration


Attest:

    /s/ David L. Siddall
------------------------------
    Corporate Secretary
----

            COMMISSION REGULATION (EC) No 839/2006

of 7 June 2006         

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 8 June 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 June 2006.

For the Commission

J. L. DEMARTY            

Director-General for Agriculture and Rural Development

----

(1)OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

----

ANNEX

to Commission Regulation of 7 June 2006 establishing the standard import values for determining the entry price of certain fruit and vegetables

----

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘            999            ’ stands for ‘of other origin’.

----
#### In re Belgium-Holland Drainage District: Jacobi and others, Respondents, vs. Kruen and others, Appellants.

*March 5*

March *23, 1915.*

*Drains: Preliminary report of commissioners.*

The findings in the preliminary report of drainage commissioners made pursuant to sec. 1379 — 16, Stats. 1911, are *held*to. he supported by the evidence.

*346Appeal from an order of the circuit court for Ozaukee county: MaetiN L. Lue.ck, Circuit Judge.

*Affirmed.*

For the appellants there were briefs by *Collins •& Collins,*and oral argument by *W. B. Collins.*

*William F. Schanen,*for the respondents.

KeewiN, J.

This is an appeal from an order of the circuit court for Ozaukee county confirming the preliminary report of the drainage commissioners of the Belgium-Holland drainage district.

The commissioners found that the proposed work was necessary and would be of utility in carrying out the purpose of the petition; that said work would promote public health and public welfare; and that the total benefits from said proposed work would exceed the cost thereof, together with the damages resulting therefrom.

A remonstrance was filed, and after hearing the remonstra-tors the court made an order confirming the report of the commissioners. The remonstrators appealed, and it is the claim of said appellants that the evidence produced at the hearing on the preliminary report did not warrant the court below in making the order confirming such report, hence the petition should have been dismissed.

The contentions here are: (1) that a majority of adult owners of swamp or overflowed lands who represent one third of the area within said district to be reclaimed have not signed a petition, and that said owner or owners of more than one half of the land within said district have not signed a petition for the construction of the proposed drain; (2) that the total benefits arising from the proposed drain will not exceed the cost of construction, together with the damages resulting therefrom; (3) that the construction of said drain is impractical and will not promote public welfare; (4) that the construction of the drain will not promote public health.

The learned trial judge bolow filed a written decision, which *347is in the record, discussing these several propositions, and held that the evidence was sufficient to warrant all the findings of the commissioners as set forth in the preliminary report. After a careful examination of the record we are convinced that the findings are supported by the evidence and that the court below was right in confirming said report.

*By the Court.*— The order appealed from is affirmed.
Exhibit 10.21

                        AMENDMENT TO EMPLOYMENT AGREEMENT


This amendment  ("Amendment") to the Employment Agreement ("Agreement") executed
between Exigent International,  Inc. and Bernie R. Smedley dated 11 June 1997 is
entered into as of 13 May 1998 between Exigent International,  Inc. ("Exigent"),
a  corporation  duly  authorized  and  existing  under  the laws of the State of
Delaware  with a principal  place of  business  at 1225 Evans  Road,  Melbourne,
Florida 32904 and Bernie R. Smedley ("Employee"), an individual domiciled at 295
A1A, #205, Satellite Beach, FL 32937.

NOW, THEREFORE,  for one dollar and other good and valuable  consideration,  the
receipt and  sufficiency of which is hereby mutually  acknowledged,  Exigent and
Employee hereby agree as follows:

1.   Option Price in Agreement.  Section 3(c) in the Agreement is hereby deleted
     and replaced with the following:

     "Provided that Employee has not been terminated for due cause (as that term
     is defined below in Section 8, in addition to the compensation provided for
     in Section 3(a) above,  Company shall grant to Employee options to purchase
     an additional  125,000 shares of Common Stock at an exercise price of $2.25
     per share provided the Company shall achieve:

     (i)  earnings of at least 2.9 million dollars; or

     (ii) new funding for the  Company of at least 5 million  dollars  including
          long  term  (at  least 5  years)  subordinated  debt or  equity,  or a
          combination of both.

     The Board of Directors of the Company  may, in its sole  discretion,  award
     part or all of the options to purchase such 125,000  shares of Common Stock
     even if the  foregoing  conditions  are  partially  achieved on or prior to
     February 1, 1998 in accordance with the Executive  Incentive Plan for 1998.
     If and to the extent any such options are awarded  pursuant to this Section
     3(c),  they shall be awarded in accordance  with the  prevailing  terms and
     conditions  described in Executive  Incentive Plan and the governing  Stock
     Option  Plan (6NQ)  adjusted to reflect  the amount  which the  Employee is
     actually awarded by the  Compensation  Committee for the Board of Directors
     of the Company."



<PAGE>


2.   Ratification  and Approval.  In all other  respects the Agreement is hereby
     ratified by Exigent and Employee  and remains in full force and effect,  as
     previously amended.

IN WITNESS  WHEREOF,  this  Amendment  has been duly executed as of the date set
forth above and is retroactively effective from April 16, 1998.

For Exigent:                                        For Employee:

Exigent International, Inc.                         Bernie R. Smedley


By: /s/ Don F. Riordan, Jr.                         By: /s/ B.R. Smedley
    ------------------------                            ------------------------
                  (signature)                                    (signature)

Name:   Don F. Riordan, Jr.
      ---------------------

Title:  CFO
# C_2005087EN.01000201.xml

| 9.4.2005 | EN | Official Journal of the European Union | C 87/2 |
| --- | --- | --- | --- |

9.4.2005

EN

Official Journal of the European Union

C 87/2

---

Amendment to the notice of invitation to tender for the reduction in the import duty on maize imported from non-member countries

(
  Official Journal of the European Union C 325 of 31 December 2004
  )

(
  Official Journal of the European Union C 325 of 31 December 2004

(2005/C 87/02)

On page 8, the text of point 2 under heading I ‘Subject’ is amended as follows:

| ‘2. | The total quantity in respect of which the reduction in the import duty may be fixed is 1 000 000 tonnes.’ |
| --- | --- |

‘2.

The total quantity in respect of which the reduction in the import duty may be fixed is 1 000 000 tonnes.’

---
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The HONORABLE D. BROOK BARTLETT, Chief Judge, United States

1

District Court for the Western District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 97-1376

___________

Charles Loewe, *

 *

Appellant, *

 *

Appeal from the United States

v. *

District Court for the

 *

Western District of Missouri.

United States of America; U.S. *

Marshall Service, * 

 [UNPUBLISHED]

 *

Appellees. *

___________

 Submitted: November 5,

1997

 Filed: November

12, 1997

___________

Before WOLLMAN, LOKEN, and HANSEN, Circuit Judges.

___________

PER CURIAM.

Charles Loewe appeals from the district court&s

1

orders denying his post-judgment motions in this 28

U.S.C. § 2241 proceeding. After careful review of the
-2-

record for abuse of discretion, we affirm for the reasons

stated by the district court. See 8th Cir. R. 47B.
-3-

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
----

            DECISION No 1/2006 OF THE EC-DENMARK/FAEROE ISLANDS JOINT COMMITTEE         

of 13 July 2006         

amending Tables I and II of the Annex to Protocol 1 to the Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faeroe Islands, of the other part

(2006/561/EC)

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faeroe Islands, of the other part (1) hereinafter referred to as ‘the Agreement’ and in particular Article 34(1) thereof,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

Table I of the Annex to Protocol 1 to the Agreement shall be amended by the inclusion of the following row:

Article 2

Table II of the Annex to Protocol 1 to the Agreement shall be amended as follows:

Article 3

This Decision shall take effect on the first day of the second month following its adoption.

Done at Tórshavn, 13 July 2006.

For the Joint Committee

The President

Herluf SIGVALDSSON            

----

(1)OJ L 53, 22.2.1997, p. 2.

(2)  In 2007 the annual volume shall be 4 000 tonnes. From 1 January 2008 onwards the yearly volume shall be increased by 1 000 tonnes to a maximum level of 6 000 tonnes provided that at least 80 % of the total amount of the previous quota has been used by 31 December of that year.’         

----