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

San Antonio, Texas

November 29, 2016

No. 04-15-00390-CR

Rebecca Fayelayne NELSON,

Appellant

v.

The STATE of Texas,

Appellee

From the 216th Judicial District Court, Gillespie County, Texas

Trial Court No. 5543

Honorable N. Keith Williams, Judge Presiding

ORDER

Sitting: Sandee Bryan Marion, Chief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

Rebeca C. Martinez, Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Jason K. Pulliam, Justice

The en banc court has considered Appellant Rebecca Fayelayne Nelson’s motion for en banc 

reconsideration; the motion is DENIED. See TEX. R. APP. P. 49.7.

_________________________________

Patricia O. Alvarez, Justice

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

court on this 29th day of November, 2016.

___________________________________

Keith E. Hottle

Clerk of Court
#### Wakeley vs. Mohr.

The omission of the words “as the fact is’’ in that clause of a tax deed executed under chap. 66, Laws of 1864, which declares that the’owner of the land described in the deed has not redeemed, &c., renders the deed void, although those words are duly inserted in the clause which relates to the *sale*of the land.

APPEAL from the County Court of *Dane*County.

This was an action under secs. 35 et seq., ch. 22, Laws of 1859, to quiet the plaintiff’s title under a tax deed, to land in said county. *Mohr*demurred to the complaint on the grounds that it did not state facts sufficient to constitute a cause of action, and that several causes of action were improperly joined therein. The court sustained the demurrer, and the plaintiff appealed. A former decision of this court, overruling the order appealed from, will be found in the 15th volume of this series, pp. 609-611. The respondent moved for a rehearing on the ground that the tax deed under which the plaintiff claimed was invalid, the words “as the fact is” being omitted from that clause which declares that “ it further appears that the owner of said lots of land has not redeemed from said sale the said lots of land which were sold as aforesaid ; and said lots of land are now unredeemed from such sale, whereby ” &c. A rehearing was granted, and the cause was re-argued at the January term, 1864.

*J. C. Hopkins,*for respondent.

*Walceleys & Vilas,*for appellant:

The reasons assigned in the opinion in *Lain v. Cook*do not apply to the omission of the words “ as the fact is ” in the last place where they occur in the statute form of the tax deed. *322The court say that those words are intended as a positive assertion, in tbe first place, that tbe land was sold ; and in tbe second place, that tbe owner &c. bas not redeemed it. This we concede. But in tbe last place tbe added words “ and said lands are now unredeemed from sucb sale ” are a positive and unqualified assertion that *no person*bas redeemed tbe lands. Tbe sentence is not to be read as if tbe word “ that ” preceded tbe words just above quoted, and connected them with “ appears but, by tbe most familiar rules of grammatical construction, tbe quoted words are of tbemselves a distinct and positive assertion that “ said lands are now unredeemed from sucb sale.” If so, then a form of deed omitting tbe words “ as tbe fact is ” in tbe last place is “ equivalent ” to one containing tbem.

*By the Court,*

DixoN, C. J.

A rebearing was granted in this case upon tbe point decided in *Lain v.*Cook, 15 Wis., 446, and not presented in tbe first argument, namely, that tbe tax deed set out in tbe complaint is void for tbe omission of the words “ as tbe fact is,” required by chapter 66, Laws of 1854. Counsel struggled to distinguish this case from *Lain v.*Cook, and to show that tbe recitals of tbe deed are equivalent in substance to tbe words used in tbe statute. It is bard, however, to struggle against tbe positive requirements of a statute, and we think tbe learned counsel felt tbe difficulty. Tbe deed contains no words of equivalent signification, and tbe cases are not distinguishable.

Order affirmed.
**Exhibit 31.2****CERTIFICATION**I, Clay C. Williams, certify that:(1) I have reviewed this annual report on Form 10-K/A of National Oilwell Varco, Inc. for thefiscal year ended December 31, 2007; and(2) Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report.Date: March 13, 2008         By:   */s/ Clay C. Williams*        Clay C. Williams    Senior Vice Presidentand Chief Financial Officer
# C_2015039EN.01000301.xml

| 5.2.2015 | EN | Official Journal of the European Union | C 39/3 |
| --- | --- | --- | --- |

5.2.2015

EN

Official Journal of the European Union

C 39/3

---

Call for proposals

EIBI’s fourth Social Innovation Tournament

(2015/C 39/03)

EIB Institute organises its fourth Social Innovation Tournament

The Social Innovation Tournament established by the EIB Institute in 2012 is the flagship initiative of its Social Programme. The Tournament seeks to promote the generation of innovative ideas and identify and reward opportunities that hold out the promise of substantial societal benefits or demonstrate best practice with tangible, scalable outcomes. It targets the creation of social value in the fight against social exclusion. It thus covers projects in a wide range of fields, from education and healthcare to the natural and urban environments, through new technologies, new systems and new processes. Improvements in these fields are critical to business success, and social innovation could have a substantial social impact. With the introduction of a Special Category Prize in 2013, additional emphasis will be given to a specific field each year. In 2015 the Special Category Prize will be awarded to projects addressing the topic of equal opportunities with a special emphasis on people with disabilities.

fight against social exclusion

education

healthcare

natural and urban environments

equal opportunities

people with disabilities

For details of the 2015 Social Innovation Tournament please visit the Tournament’s website at http://institute.eib.org/programmes/social/social-innovation-tournament/

For details of the 2015 Social Innovation Tournament please visit the Tournament’s website at

---
# C_2016058EN.01000201.xml

| 13.2.2016 | EN | Official Journal of the European Union | C 58/2 |
| --- | --- | --- | --- |

13.2.2016

EN

Official Journal of the European Union

C 58/2

---

Non-opposition to a notified concentration

(Case M.7869 — Macquarie/Dolomiti Energia/Hydro Dolomiti Enel)

(Text with EEA relevance)

(2016/C 58/03)

On 8 February 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M7869. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M7869. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
# C_2015390EN.01000102.xml

| 24.11.2015 | EN | Official Journal of the European Union | C 390/1 |
| --- | --- | --- | --- |

24.11.2015

EN

Official Journal of the European Union

C 390/1

---

Non-opposition to a notified concentration

(Case M.7708 — ALSO/PCF)

(Text with EEA relevance)

(2015/C 390/02)

On 21 October 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No. 139/2004 (1). The full text of the decision is available only in German language and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7708. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7708. EUR-Lex is the online access to the European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
LARRY ALLEN MCDONALD,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

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. 1D15-4199

_____________________________/

Opinion filed November 17, 2016.

An appeal from the Circuit Court for Duval County.

Waddell A. Wallace, Judge.

Nancy A. Daniels, Public Defender, and Barbara J. Busharis, Assistant Public 

Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Robert Charles Lee, Assistant Attorney 

General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

WOLF, BILBREY, and M.K. THOMAS, JJ., CONCUR.
# C_2015421EN.01000102.xml

| 17.12.2015 | EN | Official Journal of the European Union | C 421/1 |
| --- | --- | --- | --- |

17.12.2015

EN

Official Journal of the European Union

C 421/1

---

Non-opposition to a notified concentration

(Case M.7848 — ATP/AXA/Club Quarters/Cleavon)

(Text with EEA relevance)

(2015/C 421/02)

On 10 December 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7848. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7848. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
lbuy_ex48.htm

EXHIBIT 4.8
  
  
  
  
 	 
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	17
**Exhibit 31.1****CERTIFICATION**I, Merrill A. Miller, Jr., certify that:(1) I have reviewed this annual report on Form 10-K/A of National Oilwell Varco, Inc. for thefiscal year ended December 31, 2007; and(2) Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report.Date: March 13, 2008         By:   */s/ Merrill A. Miller, Jr.*       Merrill A. Miller, Jr.
SUBSIDIARIES OF FAMOUS DAVES OF AMERICA, INC.
 Entity
    
    FEIN
    
    % of OwnershipD&D of Minnesota, Inc.
    
    41-1856702
    
    
    100
    %Famous Daves Ribs of Maryland, Inc.
    
    41-1958496
    
    
    96
    %Famous Daves Ribs, Inc.
    
    41-1884517
    
    
    100
    %Famous Daves Ribs-U, Inc.
    
    41-1884548
    
    
    100
    %FDA Properties, Inc.
    
    36-4379010
    
    
    100
    %Lake & Hennepin BBQ and Blues, Inc.
    
    41-1834594
    
    
    100
    %Minwood Partners, Inc.
    
    51-0396229
    
    
    100
    %
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Subjecti Intell1gen.ce Concel'D1Dg Secur1t7 ot 

Coamm1oat1ona 

In oompll&nce v1th parapaph 2a ot J'O\D' Jlemoram111111 

or ' Jlarcb 1945, aubJect: as above, m.. V1111am P. 

Pr1edlaD, Director ot ComunicaUona Reaearch, SBA, 1• 

dea18D&te4 to C81'1'J' out the reapODB1b111t1ea ot SSA. 

COPY 

w. Preston Cor4e:rmn 

Colonel, Signal Corps Cbiet, 81111&1 Secur1t7 Agenc7
<PAGE>   1
                                                                    Exhibit 28.2

                             SERVICER'S CERTIFICATE

                            (Pursuant to Section 3.5
           of the Pooling and Servicing Agreement referred to below)

                            AFCO CREDIT CORPORATION

                 MELLON BANK PREMIUM FINANCE LOAN MASTER TRUST

                  The undersigned, a duly authorized representative of AFCO
Credit Corporation ("AFCO"), as Servicer, pursuant to the Pooling and Servicing
Agreement dated as of December 1, 1996 (as may be amended and supplemented from
time to time, the "Agreement"), among Mellon Bank, NA, as Transferor, AFCO
Credit Corporation, as Servicer, AFCO Acceptance Corporation, as Servicer,
Premium Financing Specialists, Inc., as Bank-up Servicer, Premium Financing
Specialists of California, Inc., as Back-up Servicer and The First National
Bank of Chicago, as Trustee, does hereby certify that:

     1.   AFCO is, as of the date hereof, Servicer under the Agreement.
          Capitalized terms used in this Certificate have their respective
          meanings as set forth in the Agreement.

     2.   The undersigned is a Servicing Officer who is duly authorized
          pursuant to the Agreement to execute and deliver this Certificate to
          Trustee.

     3.   A review of the activities of Servicer during the fiscal year ended
          December 31, 1996, and of its performance under the Agreement was
          conducted under my supervision.

     4.   Based on such review, Servicer has, to the best of my knowledge,
          performed in all material respects its obligations under the
          Agreement throughout such year and no default in the performance of
          such obligations has occurred or is continuing.

                  IN WITNESS WHEREOF, the undersigned has duly executed this
Certificate this 27th day of March, 1997.

                                         AFCO CREDIT CORPORATION,
                                           Servicer

                                         By  FREDERICK B. OLLETT, III
                                             ----------------------------------
                                             Name:  Frederick B. Ollett, III
                                             Title: Vice President & Chief
                                                    Financial Officer
<TABLE> <S> <C>



<ARTICLE>                       5


<MULTIPLIER>                    1
<CURRENCY>                      U.S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>               DEC-31-1997
<PERIOD-START>                  JAN-01-1997
<PERIOD-END>                    MAR-31-1997
<EXCHANGE-RATE>                         1
<CASH>                          2,727,971
<SECURITIES>                    4,179,695
<RECEIVABLES>                     795,902
<ALLOWANCES>                       45,150
<INVENTORY>                       802,383
<CURRENT-ASSETS>                8,620,998
<PP&E>                          2,568,308
<DEPRECIATION>                    718,261
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<TOTAL-LIABILITY-AND-EQUITY>   10,471,045
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<CGS>                             704,425
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<OTHER-EXPENSES>                   35,935
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<INCOME-TAX>                       87,500
<INCOME-CONTINUING>                     0
<DISCONTINUED>                          0
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<EPS-PRIMARY>                        0.08
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</TABLE>
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

	NO. 2-08-094-CR

TYRONE ALLEN	APPELLANT

	V.

THE STATE OF TEXAS	STATE

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

	FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY

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

	MEMORANDUM OPINION1

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

	Appellant Tyrone Allen appeals his conviction and sentence for possession of heroin.  We affirm.  

	Appellant entered an open plea of guilty before the trial court and received three years’ deferred adjudication probation.  The State subsequently petitioned the trial court to proceed to adjudication, alleging that appellant had violated five conditions of his probation.  At a hearing on the State’s petition, appellant pleaded “not true” to four of the allegations and “true” to one of them.  The trial court adjudicated appellant guilty and sentenced him to twelve months’ confinement in state jail.

	Appellant’s court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion.  In the brief, counsel avers that, in his professional opinion, the appeal is frivolous.  In accordance with Anders v. California,2 counsel presents as potential issues for review whether the trial court abused its discretion in adjudicating appellant guilty and whether the trial court abused its discretion by refusing appellant’s request to replace his court-appointed attorney.  We gave appellant the opportunity to file a pro se brief but he has not filed one.  The State also has not filed a brief.

	 Once an appellant’s court-appointed attorney files a motion to withdraw on the ground that the appeal is frivolous and fulfills the requirements of Anders, this court is obligated to undertake an independent examination of the record.3  Only then may we grant counsel’s motion to withdraw.4 

	After having carefully reviewed the record and counsel’s brief, we agree with counsel that this appeal is wholly frivolous and without merit.5  Accordingly, we grant counsel’s motion to withdraw and affirm the trial court’s judgment. 

								PER CURIAM

PANEL:  CAYCE, C.J.; McCOY and MEIER, JJ.

DO NOT PUBLISH	

Tex. R. App. P. 47.2(b)

DELIVERED:  February 19, 2009
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS AS OF AND FOR THE THREE MONTHS ENDED JUNE 30,
1998, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL 
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
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<PERIOD-END>                               SEP-30-1998
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                    4,300
<ALLOWANCES>                                     (143)
<INVENTORY>                                      5,028
<CURRENT-ASSETS>                                 9,379
<PP&E>                                           4,095
<DEPRECIATION>                                 (3,560)
<TOTAL-ASSETS>                                  10,516
<CURRENT-LIABILITIES>                            8,283
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           218
<OTHER-SE>                                       1,805
<TOTAL-LIABILITY-AND-EQUITY>                    10,516
<SALES>                                          3,193
<TOTAL-REVENUES>                                 4,488
<CGS>                                            2,762
<TOTAL-COSTS>                                    4,902
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 115
<INCOME-PRETAX>                                  (529)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (529)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (529)
<EPS-PRIMARY>                                   (0.09)
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</TABLE>