alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered February 16, 2023

In The 

### Court of Appeals Fifth District of Texas at Dallas
No. 05
- 23
- 00007
- CV JIM LAKE, INC. A/K/A JIM LAKE COMPANY , Appellant
V. STANTEC CONSULTING SERVICES, INC. , Appellee On Appeal from the 101st Judicial District Court

Dallas County, Texas Trial Court Cause No. DC
- 21
- 15852

O RDER Before the Court is appellant’s February 14, 2023 unopposed first motion for
extension of time to file its brief

. We note the brief deadline has been suspended pending the Court’s determination of its jurisdiction. Accordingly, we DENY the motion as moot. The Court will set a new deadline for the brief should it determine it has jurisdiction over the appeal.

/s/ KEN MOLBERG JUSTIC E
<PAGE>   1



                                                                      EXHIBIT 23

                    CONSENT OF INDEPENDENT AUDITORS' REPORT


The Board of Directors and Stockholders
Mazel Stores, Inc.:

We consent to the incorporation by reference in the Registration Statement No.
333-32275 on Form S-8 of Mazel Stores, Inc. of our report dated March 13, 2000,
relating to the consolidated balance sheets of Mazel Stores, Inc. and
subsidiaries as of January 29, 2000 and January 30, 1999 and the related
consolidated statements of operations, stockholders' equity and cash flows for
each of the years in the three-year period ended January 29, 2000, which report
appears in the January 29, 2000 Form 10-K of Mazel Stores, Inc.


KPMG LLP
Cleveland, Ohio


April 28, 2000
1

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 45973

STATE OF IDAHO,

Plaintiff-Respondent,

v.

KENNY THOMAS MC DONALD,

Defendant-Appellant.

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Filed: January 15, 2019

Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada

County. Hon. Jonathan Medema, District Judge. 

Judgment of conviction and unified sentence of forty years, with a minimum 

period of confinement of seventeen years, for robbery, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Justin M. Curtis, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney 

General, Boise, for respondent. 

________________________________________________

Before GRATTON, Chief Judge; HUSKEY, Judge;

and BRAILSFORD, Judge

________________________________________________

PER CURIAM 

Kenny Thomas McDonald pled guilty to robbery. Idaho Code §§ 18-6501, 18-6502. The 

district court sentenced McDonald to a unified term of forty years with seventeen years 

determinate. McDonald appeals asserting that the district court abused its discretion by imposing 

and excessive sentence.

Sentencing is a matter for the trial court’s discretion. Both our standard of review and the 

factors to be considered in evaluating the reasonableness of the sentence are well established and 

need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-

15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 
2

1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing 

the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver, 144 Idaho 

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record 

in this case, we cannot say that the district court abused its discretion.

Therefore, McDonald’s judgment of conviction and sentence are affirmed.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-85,993-01 & WR-85,993-02

EX PARTE ESEQUIEL MENDEZ JR., Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. 07-CR-756-D & 05-CR-262-D 

IN THE 103 DISTRICT COURT RD

FROM CAMERON COUNTY

Per curiam.

O R D E R

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 these applications for writs of habeas corpus. Ex

parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of theft in two

cases and was sentenced to two and four years’ imprisonment, respectively. 

The trial court entered findings of fact and conclusions of law recommending that

Applicant’s claims be denied. After a review of the record and the findings, we agree that

Applicant’s claims are without merit. Therefore, we deny relief. Ex parte Torres, 943 SW2d 469,

472 (Tex. Crim. App. 1997).
2

Applicant’s claims for pre-sentence jail time credit are dismissed. Ex parte Ybarra, 149

S.W.3d 147, 148-49 (Tex. Crim. App. 2004); Ex parte Florence, 319 S.W.3d 695 (Tex. Crim. App.

2010). 

DELIVERED: December 7, 2016

DO NOT PUBLISH
#### Alexander v. Alexander.

*Husband and wife*— Divorce—Affidavit *to libel*— Affidavit *must show that it was taken in the proper county*— Act *of June 1, 1915.*

Under the Act of March 13, 1815, P. L. 150, which, as amended by the Act of June 1, 1915, P. L. 674, requires the libellant to make affidavit to the libel before a judge or justice of the peace, or any person authorized to take acknowledgments, in the county where the injured party resides, the affidavit to the libel must show affirmatively that it was taken in the proper county.

Divorce. C. P. Allegheny Co., April T., 1920, No. 1311.

*James H. Gray,*for libellant.

Jan. 13, 1921.

Carpenter, J.,

It is unnecessary to discuss the evidence, as this cause is not properly before the court. The Act of March 13, 1815, P. L. 150, relating to divorces, requires the libellant to make oath before a judge or justice of the peace of the proper county; that is, the county where *26the injured party resides, etc. This act was amended by the Act of June 1, 1915, P. L. 674, and the affidavit to the libel may now be made before “any person in the county legally authorized to take acknowledgments.”

In Helt *v.*Helt, 7 Dist. R. 746, the affidavit was made before an alderman at New Castle, Pa., and it was held by Judge McClung that: “Assuming that he (the alderman) is *ex officio*a justice of the peace, he is not a justice of the peace of the proper county.”

It has been held repeatedly that the affidavit to a libel in divorce cannot be made outside the State.

In the case at bar there is nothing to indicate that the affidavit was taken in this county or in the State. True, it says “Allegheny — ss.,” but we cannot infer that “Allegheny” means the County of Allegheny, State of Pennsylvania.

Whether this defect is amendable we do not now decide. The question may be raised by petition for leave to amend. As the record now stands, we cannot decree a divorce. From Edwin L. Mattern. Pittsburgh, Pa.
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Agreements Adopted by the Traffic 

Conferences of the International Air 

Transport Association 

OST-2012-.;0035 

APPLICATION FOR APPROVAL OF AGREEMENTS 

BY THE 

INTERNATIONAL AIR TRANSPORT ASSOCIATION 

lATA AGREEMENT APPROVED & IMMUNIZED 

DOCKETOST-2012. 003 5 ACTiON DATE ^/l^^*<£At ^ / ^/^ ~ 

This approval and grant of antitrust immunity is subject, where applicable, 

to conditions previously imposed. 

Thir, action \-i directive after 7 days unle^-; a petition is filed under 

14 CFR 385.30 or a review is undertakeii on the Department's own motion. 

In view of the agreement's noncontrovei>:;al nature and the availability of 

the abov5,pnice4ure, the 2*-d^u^srMjii.''^ ^FR 303.42 is waived. 

^—y^ ,/4^., 

)irector. Office of Intemzraonal Aviation 

7 March 2012 

Communications with respect to 

this document should be sent to 

Douglas E. Lavin 

Regional Vice President - North America 

International Air Transport Association 

1776 K.St.N.W. #12* Floor 

Washington DC 20006
#### Commonwealth v. Donatello.

*Justice of the peace*— Transcript—Surety *of the peace*— Act *of March 18, 1909.*

The justice of the peace is required by the Act of March 18, 1909, P. L. 42, to find on the record in surety of the peace cases that the prosecutor’s danger of hurt is actual. This requirement is jurisdictional, and without such a finding malicious threats with intent to do harm are not sufficient, and the information, return and transcript will be quashed upon motion.

Motion to quash. Q. S. Dauphin Co., June Sess., 1921, No. 108.

*Philip S. Moyer,*District Attorney, and *John B. Geyer,*for Commonwealth.

*Paul A. Kunhel,*for defendant.

Sept. 13, 1921.

Hargest, P. J.,

This is a surety of the peace case and comes before us on a motion to quash the information, return and transcript of the justice of the peace. The reasons assigned in support of this motion are that the information fails to show, as required by the Act of March 18, 1909, P. L. 42, that the defendant threatened to injure the prosecutrix, either in body or estate; that it fails to set forth any words that the defendant may have spoken; and that the record fails to show that the ‘“prosecutrix’s danger of being hurt in body or estate is actual, and that threats were made by the defendant maliciously and with the intent to do harm.”

The information charges that the defendant “did maliciously and with intent to do harm threaten to injure her and followed her on the public highway, continuing to make all manner of threats against her.” The record shows that, before the hearing, “the 3rd section of the Act of March 18, 1909, P. L. 42, was read to the parties and the opportunity afforded and the suggestion of compromising made, the parties being unable to agree. After hearing the evidence and considering the character of the defendant, the defendant was placed under $150 bond to appear at court.”

Section 1 of the act of assembly referred to provides that the justice shall bind over the defendant only when the evidence shows to his satisfaction that the prosecutor’s or prosecutrix’s danger of being hurt in body or estate is actual, and also that the threats were made maliciously and with the intent to do harm. While the information charges that the threats were made maliciously and with intent to do harm, there is no finding by the justice that there was any actual danger to the prosecutrix in body or estate.

In the case of Com. *v.*Keener, 30 Dist. R. 641, 24 Dauphin Co. Reps. 183, this court has held that this is a jurisdictional fact and should appear upon the record.

For this reason, the defendant’s motion must prevail, and the information, return and transcript are hereby quashed.

From William Jenkins Wilcox, Harrisburg, Pa.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and section 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than April 15, 2015.

A. Federal Reserve Bank of Minneapolis (Jacquelyn K. Brunmeier, Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:

                    1.                     *The Belva H. Rasmussen 2012 Irrevocable Trust, Roseville, Minnesota, Pamela M. Harris, Falcon Heights, Minnesota, and Eva B. Rasmussen, Edina, Minnesota, individually and as trustees, and Benjamin T. Rasmussen, Edina, Minnesota, to retroactively join the Rasmussen Family Control Group;*                     to acquire voting shares of Northeast Securities Corporation, Minneapolis, Minnesota; and thereby indirectly acquire voting shares of Northeast Bank, Minneapolis, Minnesota.                

Board of Governors of the Federal Reserve System, March 26, 2015.

Michael J. Lewandowski,

Associate Secretary of the Board.

[FR Doc. 2015-07296 Filed 3-30-15; 8:45 am]

BILLING CODE 6210-01-P
#### Rickey *against*Bowne.

Though^)-;-*cZmíTmíybe*cSS^in a“n act!o“ of ,“c*count at*¿aw, yet the *Courts 0f Justices of*tfe *Peace*have of an action of any“other Ac-partneryaga?ñst thereiSng no ““balanced mittedbe-tween them, is not sustainable

Where a jury is demanded, and a *venire*issued at the instance of one of the parties, the *costs*of the *venire*abide the event of the trial before the Justice,

IN ERROR, on *certiorari,*to a Justice’s Court. *B.*brought an action of trespass on the case, against *R,,*who pleaded the general issue, with notice of a set-off. The plaintiff and defendant, with one *George*Weeks, made a . ' 07 joint contract, as carpenters, to build a barn for *A.,*for which *^*' they were to receive 150 dollars. They worked together, lurnisned materials and provisions, and paid money to la-bourers, upon the job, in unequal proportions, and the accounts between them were unsettled. The object of the suit was to recover a balance claimed to be due to the plaintiff, from the defendant, on account of that joint contract or partnership. * r *

*132There was a verdict and judgment in the Court below". for foe plaintiff, for 18 dollars and 48 cents, with costs.

On the return to the certiorari, the exceptions taken were, 1 • That a suit at law will not lie for the balance, it being a partnership transaction. 2. That the judgment for costs included the *venire*which issued upon the request of the plaintiff below.

*Per Curiam.*

Partnership accounts may be adjusted and closed, either by a suit *in equity,*or by an action of *account*at law. The acts constituting the Courts of Justices of the Peace, give jurisdiction only in actions of *“ debt, detinue, covenant, trespass,*and *trespass on the*cased’ The action of *account*is not comprised in this enumeration; and the peculiar mode of trial by *auditors,*is not provided for in those acts. The Justice, therefore, had no jurisdiction.

As to the second objection, we think it not founded. The Costs óf a *venire*must always abide the event.

Judgment reversed.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Aeronautics and Space Administration

          - [Notice (15-024)]

# AGENCY:

National Aeronautics and Space Administration.

# ACTION:

Notice of availability of inventions for licensing.

# SUMMARY:

Patent applications on the inventions listed below assigned to the National Aeronautics and Space Administration, have been filed in the United States Patent and Trademark Office, and are available for licensing.

# DATES:

April 1, 2015.

# FOR FURTHER INFORMATION CONTACT:

James J. McGroary, Patent Counsel, Marshall Space Flight Center, Mail Code LS01, Huntsville, AL 35812; telephone (256) 544-0013; fax (256) 544-0258.

NASA Case No.: MFS-33161-1: Method of System for Predicting Rocket Nozzle Deformation During Engine Start-Up and Shut-Down Transients;

NASA Case No.: MFS-32931-1: Reconfigurable Sensor Monitoring System.

Sumara M. Thompson-King,

General Counsel.

[FR Doc. 2015-07458 Filed 3-31-15; 8:45 am]

 BILLING CODE 7510-13-P
**Exhibit      31.1**

**CERTIFICATIONS**

**Chief      Executive Officer Certification pursuant to **

**Section      302 of the Sarbanes-Oxley Act of 2002**

| 1.   | I                have reviewed this annual report on Form 10-K/A (Amendment No. 1)                of                Impsat Fiber Networks, 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                statement made, in light of the circumstances under which such statement                were made, not misleading with respect to the period covered by this                report. |
|----------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | /s/                  Ricardo                  A. Verdaguer**Ricardo                  A. Verdaguer****President                  and Chief Executive                  Officer** |
|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED DECEMBER 8, 2016

NO. 03-15-00447-CV

Appellant, Austin Capital Collision, LLC// Cross-Appellant, Barbara Pampalone

v.

Appellee, Barbara Pampalone// Cross-Appellees, Austin Capital Collision, LLC 

and Eric Hinojosa

APPEAL FROM THE 419TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE CHIEF JUSTICE ROSE, JUSTICES GOODWIN AND BOURLAND

AFFIRMED -- OPINION BY JUSTICE GOODWIN

This is an appeal from the judgment signed by the trial court on June 18, 2015. Having reviewed 

the record and the parties’ arguments, the Court holds that there was no reversible error in the 

trial court’s judgment. Therefore, the Court affirms the trial court’s judgment. Each party shall 

bear their own costs relating to this appeal, both in this Court and in the court below.
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-40349

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ROSENDO NAJERA-MEJIA,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 4:99-CR-67-1

- - - - - - - - - -

December 14, 2000

Before DAVIS, STEWART, and PARKER, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Rosendo

Najera-Mejia moves for leave to withdraw and has filed a brief as

required by Anders v. California, 386 U.S. 738 (1967). Mejia has

received copies of counsel’s motion and brief, but he has not

filed a response. Our independent review of counsel’s Anders

brief and the record discloses no nonfrivolous issue for appeal. 

Accordingly, counsel’s motion for leave to withdraw is GRANTED,

counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. 5th Cir. R. 42.2.
<PAGE>
                                                                      EXHIBIT 99


                            PINNACLE BANCSHARES, INC
                                1811 2ND AVENUE
                                JASPER, ALABAMA

                                 March 28, 2002

Securities and Exchange Commission
450 Fifth Street, N. W.
Washington, D.C. 20549-0408

Re: LETTER TO SECURITIES AND EXCHANGE COMMISSION
    PURSUANT TO TEMPORARY NOTE 3T

Ladies and Gentlemen:

Pursuant to Temporary Note 3T to Article 3 of Regulation S-X, Pinnacle
Bancshares, Inc. has obtained a letter of representation from Arthur Andersen
LLP ("Andersen"), its independent public accountants, stating that the December
31, 2001 audit was subject to Andersen's quality control system for the U. S.
accounting and auditing practice to provide reasonable assurance that the
engagement was conducted in compliance with professional standards and that
there was appropriate continuity of Andersen personnel working on the audit and
availability of national office consultation to conduct the relevant portions of
the audit. Availability of personnel at foreign affiliates of Andersen is not
relevant to this audit.


                               Very truly yours,

                            Pinnacle Bancshares, Inc

                            /s/ Robert B. Nolen, Jr.

                             Robert B. Nolen , Jr.
                               President and CEO