alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
17466

#### Madeline C. GRAY, Appellant, v. LAURENS MILL and Liberty Mutual Insurance Co., Respondents

(105 S. E. (2d) 409)

*R. L. Gray, Esq.,*of Laurens, *for Appellant,*

*422
      *O. L. Long, Esq.,*of Laurens, *for Respondents,*

October 27, 1958.

Stukes, Chief Justice.

Background of this case will be found in the report of a former appeal of it. 231 S. C. 488, 99 S. E. (2d) 36. It will be noted that after award of compensation to claimant by the Industrial Commission it was reversed by the circuit court. The latter judgment was reversed by this court and remand directed to the Commission for the taking of additional testimony which might be offered by the parties, and for the *423purpose of passing upon all questions raised. The grounds of reversal were that the Commission had not passed upon the “reasonable excuse” required by Code, Section 72-301 for the failure to give timely notice of accident and had not discussed the facts upon which the finding of lack of prejudice to the employer was predicated.

The parties elected not to offer additional evidence and the claim was reheard upon the existing record. The Hearing Commissioner found reasonable excuse for the failure of claimant to give the required notice of accident, and also found that the employer was not prejudiced by the delay, whereupon he reinstated the award. However, upon review the majority of the Commission reversed the award of the Hearing Commissioner and dismissed the claim for failure of compliance with the statutory requirement of notice of the accident and because of resulting prejudice to the employer, which the court affirmed upon appeal.

The latter judgment must be affirmed. As it con-eludes, the factual findings of the Commission are supported by competent evidence, which makes them binding upon the court. Code, Sec. 72-356. 19 S. C. Dig., Workmen’s Compensation, 1939, p. 576.

No useful purpose would be served by review of the evidence, especially because counsel argues not so much that there was no supporting evidence but rather that the original findings of the Commission became “the law of the case.” This is utenable because the remand was, quoting from the mandate of this court in the first appeal, “sending it back to the Industrial Commission for the taking of any additional testimony offered by the parties and passing upon all questions raised.” 231 S. C. 493, 99 S. E. (2d) 38. The quoted words are also contained in the Statement in the Transcript of Record for the instant appeal, by which the parties are bound.

Affirmed.

Taylor, Oxner, Legge and Moss, JJ., concur.
----

|     (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. |
|------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  November 16, 2009 | By:    | /s/  Christopher Gilcher                        |   |
|-------------------------------------|--------|------------------------------------------------------|--------|
|                                |   | Christopher Gilcher                                  |   |
|                                |   | Chief Financial Officer(Principal Financial Officer) |   |

----
Exhibit 99.1

                            Section 906 Certification
                CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER AND
                           PRINCIPAL FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

     In connection with the accompanying Quarterly Report on Form 10-Q of
Financial Federal Corporation for the quarter ended January 31, 2003, each of
the undersigned officers, being the Chief Executive Officer and the Chief
Financial Officer, respectively, of Financial Federal Corporation, hereby
certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:

     (1) such Quarterly Report on Form 10-Q for the quarter ended January 31,
     2003 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 such Quarterly Report on Form 10-Q for
     the quarter ended January 31, 2003 fairly presents, in all material
     respects, the financial condition and results of operations of Financial
     Federal Corporation.



March 12, 2003                          /s/ Paul R. Sinsheimer
--------------                          -------------------------------------
Date                                    Paul R. Sinsheimer
                                        Chief Executive Officer and President



March 12, 2003                          /s/ Steven F. Groth
--------------                          -------------------------------------
Date                                    Steven F. Groth
                                        Chief Financial Officer and
                                        Senior Vice President
ex10-43.htm



Exhibit 10.43




 


 


April 20, 2010


EXTENSION N2 TO THE


EMPLOYMENT AGREEMENT OF AUGUST 1, 2004







By and between Siberian Energy Group Inc., a Nevada corporation (the “Company”), and Elena Pochapski (“Employee”) entered into this 20th day of April 2010, and made effective as of January 1, 2010.







WHEREAS the Company and the Employee previously signed the Employment Agreement, which stated the term of employment to start on September 1, 2003 and to end on December 31, 2008 (the “Agreement”, a copy of which is attached hereto as Exhibit A), and the One year term extension agreement for 2009 services;







AND WHEREAS the Company and the Employee wish to further extend the term of the employment agreement;







NOW THEREFORE THIS AGREEMENT WITNESSETH, that the Company and the Employee agree as follows:







Point 4 “Term” of the employment Agreement to be revised and the term of the Agreement to be extended until June 30, 2010 (the “Extended Term”).







Point 5.1 “Compensation” of the employment Agreement to be revised and annual salary of the Employee to be stated as US$75,000.







Point 6 “Stock Option” of the employment Agreement is to be removed. A new Stock Option agreement will be signed between the Company and the Employee upon the resolution of the Board of directors of the Company.







All other provisions of the Employment Agreement dated September 1, 2003 shall remain in full force and effect until the expiration of the Extended Term.







IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first above written.








	  	  
	
EMPLOYEE

	
COMPANY


	  	  
	  	  
	  	  
	/s/ Elena Pochapski	/s/ David Zaikin
	
Elena Pochapski

	
David Zaikin,


	 	
Chairman and CEO


	 	
Siberian Energy Group Inc.
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

44 TP 11-01451 PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND GORSKI, JJ.

IN THE MATTER OF ANWATZ HAQUE, PETITIONER,

V ORDER

JOHN LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY AND ALBERT PRACK, DIRECTOR, SPECIAL HOUSING, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENTS.

ANWATZ HAQUE, PETITIONER PRO SE.
ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (PETER H. SCHIFF OF COUNSEL), FOR RESPONDENTS.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Seneca County [Dennis F. Bender, A.J.], entered July 18, 2011) to review a determination of respondents. The determination found after a Tier II hearing that petitioner had violated various inmate rules.
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.

Entered: January 31, 2012 Frances E. Cafarell Clerk of the Court
EXHIBIT 5.1

          Opinion dated January 17, 1997
                  Newlan & Newlan
Relating to the Issuance of Shares of Common Stock
       Pursuant to the Consulting Agreement<PAGE>






                 January 17, 1997




Definition, Ltd.
1334 South Killian Drive
Unit 4
Lake Park, Florida 33403

  Re:Registration Statement on Form S-8 of Definition, Ltd. Common Stock
     Issued Pursuant to a Consulting Agreement with Digital Ad Media, Inc.

Gentlemen:

This opinion is submitted pursuant to the applicable rules of the Securities and
Exchange Commission (the "Commission") with respect to the registration by
Definition, Ltd., a Nevada corporation (the "Company"), of 200,000 shares of
Company common stock, $.001 par value per share (the "Common Stock"), issued
to Digital Ad Media, Inc., a Florida corporation, pursuant to a Consulting 
Agreement (the "Agreement") approved by resolution of the Company's Board of
Directors on January 14, 1997.

In our capacity as counsel to the Company, we have examined the original, 
certified, conformed, photostatic or other copies of the Agreement, the 
Company's Articles of Incorporation (as amended), Bylaws and corporate 
minutes provided to us by the Company.  In all such examinations, we have 
assumed the genuineness of all signatures on original documents, and the 
conformity to originals or certified copies of all copies submitted to us as
conformed, photostatic or other copies.  In passing upon certain corporate 
records and the documents of the Company, we have necessarily assumed the 
correctness and completeness of the statements made or included therein by 
the Company, and express no opinion thereon.

Based upon and in reliance upon the foregoing, it is our opinion that the Common
Stock issued pursuant to the Agreement is validly issued, fully paid and non-
assessable.  We hereby consent to the use of this opinion in the Registration
Statement on Form S-8 to be filed with the Commission.

     Very truly yours,


     /s/

     NEWLAN & NEWLAN
15960

#### HOLLY HILL LUMBER CO., INC., v. McCOY

(43 S. E. (2d) 143)

*441June 13, 1947.

See also 207 S. C. 428, 36 S. E. (2d) 140.

*Mr. M. W. Seabrook,*of Sumter, for Appellant, cites:

*Mr. T. B. Bryant, Jr.,*of Orangeburg, for Respondent, cites:

PER CURIAM.

The question involved in this appeal is whether or not appellant is entitled to a bond for $1,666.67 (this being the amount of the dower interest), and interest, secured by a mortgage on the property. For a full understanding of this case, the three former decisions of this Court should *442be read, which are reported respectively in 201 S. C. 427, 23 S. E. (2d) 372; 203 S. C. 59, 26 S. E. (2d) 175, 148 A. L. R. 285 and 205 S. C. 60, 30 S. E. (2d) 856.

In the third appeal, we find that exception No. 27 reads as follows: “His Honor, Judge Gaston, erred, it is respectfully submitted, in decreeing that if the defendant failed or refused to comply, and if the parties do not agree upon a plan to consummate and accomplish the aims of his decree, then plaintiff may pay $9,990.00 ($10.00 having already been paid) to the Clerk of Court, and that said Clerk shall forthwith deliver to plaintiff the deed heretofore deposited with him by Addison E. McCoy, and thereupon, fee-simple title to the premises shall vest in the plaintiff, and the inchoate right and claim of dower on the part of Sara S. McCoy in and to said premises shall be forever barred, and the Sheriff shall put the plaintiff in possession; which was error, because contrary to the evidence in the case, and the equities involved, and beyond the scope of the pleadings.”

The $9,990.00 was paid to the Clerk of the Court by respondent, and the deed was in turn delivered by the Clerk to him. Appellant now seeks a bond for the amount of the dower secured by a mortgage on the property rather than the $1,666.67 which is on deposit with the Clerk of Court.

The above-quoted exception raised the same question as is attempted to be raised in this appeal. It was decided adversely to appellant by this Court in its opinion filed July 13, 1944, 205 S. C. 60, 30 S. E. (2d) 856, and from this decision there was no petition for a rehearing. The opinion, therefore, became the law of the case, and the question attempted to be raised is *res adjudicata.*This appeal is, therefore, dismissed.
<PAGE>

                                                                    EXHIBIT 99.1


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


     I, Moshe BenBassat, 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 of ClickSoftware Technologies Ltd. on Form 10-Q for the quarter ended
March 31, 2003 fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 and that information contained in such
Quarterly Report on Form 10-Q fairly presents in all material respects the
financial condition and results of operations of ClickSoftware Technologies
Ltd.


                                    By:     /s/ MOSHE BENBASSAT
                                         ----------------------
                                    Name:  Moshe BenBassat
                                    Title: Chairman and Chief Executive Officer



                                       28
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3929 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3929

  To provide an extension of the low-income housing credit placed-in-
          service date requirement for certain disaster areas.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 26, 2009

 Mr. Melancon introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To provide an extension of the low-income housing credit placed-in-
          service date requirement for certain disaster areas.

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

SECTION 1. EXTENSION OF LOW-INCOME HOUSING CREDIT RULES FOR CERTAIN 
              DISASTER AREAS.

    Section 1400N(c)(5) of the Internal Revenue Code of 1986 is amended 
by striking ``January 1, 2011'' and inserting ``January 1, 2013''.
                                 <all>
```
# New York National Guard meets face to face to strengthen South Africa relationships

/ Published Sept. 25, 2012

PRETORIA, South Africa - Senior military leaders from New York and South Africa met to share perspectives and build relationships during an international trade and air show Sept. 19-24.

Representatives from the New York National Guard took advantage of being at the Africa Aerospace and Defense Airshow and Exhibition here to meet with their counterparts from the South African National Defense Forces.

"New York's partnership has been strengthening over the past nine years, and meeting face to face is an important aspect to continue building these relationships," said Col. Franz Michel, who oversees the State Partnership Program. 

Maj. Gen. Roy Andersen, chief of the South African National Defence Reserve Forces, echoed these same sentiments.

"We have built a strong relationship with New York and having these personal meetings allows us to plan for future opportunities."

"This interaction is very important.  Meeting in person and establishing a level of trust and respect allows us to be effective," Andersen added.

The State Partnership Program is a National Guard initiative that encourages relationships, enhances international security and builds capacity across all levels of society with developing nations.  Each state and territorial National Guard is partnered with the military of a developing friendly nation.

Participation in this air show is part of the New York National Guard's ongoing relationship with South Africa.

The air show is hosted every two years and is comprised of nearly 60 civilian and military aircraft and vehicle demonstrations from some of the biggest names in aviation and the defense industry. 

In addition to sharing aircraft and equipment capabilities, the meeting participants discussed several areas of interest, to include the New York National Guard's emergency management capabilities and reintegration programs.

"We have found the National Guard's resiliency and Yellow Ribbon programs to be exceptional and we wish to model these initiatives," Andersen said.

Identifying the interest and recognizing the mutual benefit, New York has invited representatives to meet with program experts in the future. 

"Based on these meetings, our plan is to get our folks together to advise and help them develop a program that meets their specific needs," Michel said.

"Our primary focus is identifying future training opportunities that will benefit both our services," said Maj. Gen. Verle Johnston, commander of the New York Air National Guard.  "I'm pleased that we were able to accomplish this."
-----Glenn P Johnson <glenn.p.johnson@dom.com> wrote: ----- 

To: Jezebele Alicea/DC/USEPA/US@EPA 

From: Glenn P Johnson <glenn.p.johnson@dom.com> 

Date: 07/09/2010 02:35PM 

cc: Pamela Faggert <pamela.faggert@dom.com>, Cathy C Taylor <cathy.c.taylor@dom.com>, 

Karen K Canody <karen.k.canody@dom.com>, JAMES R BELL <james.r.bell@dom.com>, Michael

B Gregory <michael.b.gregory@dom.com> 

Subject: Dominion Facilities Extension Request 

Dear Ms. Alicea: 

 

Please find attached, an electronic copy of the extension request for the twenty (20) Dominion 

facilities that have received Information Collection Requests for the Steam Electric Power 

Generating Effluent Guidelines. Thank you for consideration of our request. 

 

Sincerely, 

 

Glenn Johnson

Supervisor, Environmental Regulation

Dominion Resources Services, Inc.

5000 Dominion Boulevard, Glen Allen, VA 23060

Phone: 804-273-2946

Tie Line: 8-730-2946

 

CONFIDENTIALITY NOTICE: This electronic message contains information which may be 

legally confidential and or privileged and does not in any case represent a firm ENERGY 

COMMODITY bid or offer relating thereto which binds the sender without an additional express 

written confirmation to that effect. The information is intended solely for the individual or entity 

named above and access by anyone else is unauthorized. If you are not the intended recipient, 

any disclosure, copying, distribution, or use of the contents of this information is prohibited and 

may be unlawful. If you have received this electronic transmission in error, please reply 

immediately to the sender that you have received the message in error, and delete it. Thank you.

Page 1 of 1

file://C:\Documents and Settings\TMedley\Local Settings\Temp\XPgrpwise\4C3C0456DO... 8/12/2011
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

 FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

DYCK-O'NEAL, INC.,

Appellant,

v. Case No. 5D17-1059

ROBERT GERMANY AND LINDA K. 

PLANT-GERMANY,

Appellees.

________________________________/

Opinion filed February 23, 2018

Appeal from the Circuit Court 

for Putnam County,

Scott C. Dupont, Judge.

David M. Snyder, of David M Snyder, PA, 

Tampa, Susan B. Morrison, of Law Offices 

of Susan B. Morrison, P.A., Tampa, and 

Joshua D. Moore, of Law Offices of Daniel 

C. Consuegra, Tampa, for Appellant.

Douglas N. Burnett, and M. Aaron Dukes, 

St. Johns Law Group, St. Augustine, for 

Appellee Linda K. Carroll.

No appearance for other Appellee. 

EDWARDS, J.

Dyck-O’Neal, Inc. (“DONI”) appeals the summary judgment granted in favor of 

Appellee, Linda Carroll f/k/a Linda K. Plant-Germany. DONI correctly argues that the trial 
2

court erred in finding DONI’s action time-barred. See Chrestensen v. Eurogest, Inc., 906 

So. 2d 343, 344 (Fla. 4th DCA 2005) (holding that the statute of limitations to seek a 

deficiency judgment does not begin to run until after the entry of foreclosure judgment 

and subsequent foreclosure sale). We also decline Appellee’s suggestion that we affirm 

the final summary judgment based on a ground that she did not raise below. See Trainor

v. PNC Bank, Nat’l Ass’n, 211 So. 3d 366, 368 (Fla. 5th DCA 2017).1 

Therefore, we reverse the summary judgment entered in favor of Appellee and 

remand for further proceedings consistent with this opinion. We also deny Appellee’s 

motion for attorney’s fees.

REVERSED AND REMANDED. 

PALMER and LAMBERT, JJ., concur.

 

1 Kinney v. Countrywide Home Loans Servicing, L.P., 165 So. 3d 691 (Fla. 2015),

is inapplicable to this case; thus, Appellee should not have offered it as a legal basis for

summary judgment, and the trial court erred in relying upon it.
EXHIBIT 99.2

                    SECTION 906 CERTIFICATION OF LINDA BRYSON


                        CERTIFICATION OF PERIODIC REPORT

     In  connection  with the Periodic  Report of Quantum  Companies,  Inc. (the
"Company") on Form 10-QSB for the period ending March 31, 2004 as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, Linda
Bryson, Chief Financial Officer of the Company,  certify,  pursuant to 18 U.S.C.
ss.  1350,  as adopted  pursuant to ss. 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.

Date: June 28, 2004          By: /s/ Linda Bryson
                                 -----------------
                                     Linda Bryson
                                     Chief Financial Officer
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                                   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  Superclick,   Inc.  (the
"Company") on Form 10-QSB for the quarter ending July 31, 2004 as filed with the
Securities and Exchange  Commission on the date hereof (the "Periodic  Report"),
I, Todd M. Pitcher, 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:

      1. the Periodic  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 Periodic Report fairly  presents,  in
all material respects,  the financial condition and results of operations of the
Company.

Dated:  September 7, 2004              /s/ Claude Smith
                                       -----------------------
                                       Name  Claude Smith
                                       Title Chief Financial Officer