alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Cite as 2013 Ark. App. 581

ARKANSAS COURT OF APPEALS

DIVISION III

No. CV-13-75

 

TIMOTHY ROGER SIMPSON, AS

PERSONAL REPRESENTATIVE OF

THE ESTATE OF EDITH LAVERNE

SIMPSON, DECEASED

APPELLANT

V.

BOBBY SIMPSON ET AL.

 APPELLEES

Opinion Delivered October 9, 2013

APPEAL FROM THE CRAIGHEAD

COUNTY CIRCUIT COURT,

WESTERN DISTRICT

[NO. PR-10-131]

HONORABLE PAMELA

HONEYCUTT, JUDGE

REBRIEFING ORDERED

WAYMOND M. BROWN, Judge

 Appellant Timothy Roger Simpson, as the personal representative of the Estate of

Edith Laverne Simpson, deceased, appeals the September 5, 2012 order of the Craighead

Circuit Court setting aside Edith’s May 8, 2006 will.1 Appellant argues that the court erred

by setting the will aside. We do not reach the merits of appellant’s arguments due to

deficiencies in the abstract and brief.2

1The order lists the date of the will as May 8, 2010, but it is clear that the will set aside

was created in 2006. 

2There are also deficiencies in appellant’s addendum, but appellees were diligent in

supplementing the addendum with the missing documents.
Cite as 2013 Ark. App. 581

Arkansas Supreme Court Rule 4-2(a)(3)3 requires the appellant to list and separately

number the points relied upon for reversal of the judgment or decree. These points must be

concise and without argument. Here, appellant has failed to include the points on appeal in

the brief. We note that the index includes a page number for the points on appeal, but the

points are not found in the brief. Additionally, the second page of appellant’s jurisdictional

statement is missing from the brief. 

Arkansas Supreme Court Rule 4-2(a)(5) requires an abstract of stenographically

reported material that is essential for the appellate court to understand the case and to decide

the issues on appeal. The abstract must not contain a verbatim reproduction of the transcript

or use a question-and-answer format. Additionally, when abstracting the testimony the first

person (“I”) rather than the third person (“He or She”) must be used. Here, appellant has

included verbatim portions of the transcript in the abstract, including the question-and-answer

format, which is expressly forbidden. Appellant has also failed to use the first person when

abstracting some of the testimony. 

We order appellant to submit a substituted brief, abstract, and addendum correcting

the above-referenced deficiencies within fifteen days. We encourage appellant to review Rule

4-2 of the Rules of the Arkansas Supreme Court and Court of Appeals to ensure that the

substituted abstract, brief, and addendum comply with the rules and that no additional

deficiencies are present. After service of the substituted abstract, brief, and addendum,

3

(2012).

2
Cite as 2013 Ark. App. 581

appellees shall have an opportunity to revise or supplement its brief in the time prescribed by

the clerk, or to rely on the brief that it previously filed in this appeal.

Rebriefing ordered.

HARRISON and WYNNE, JJ., agree.

Dover and Zolper, by: Dennis M. Zolper, and Chrestman Group, PLLC, by: Keith L.

Chrestman, for appellant.

Dick Jarboe, for appellee.

3
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 86

_____________________________
L AUREN M. C OUBERT , Appellant,

v.

J AMES B ARNETT a nd R ICHARD B ARNETT , Appellee s

.

_____________________________

On appeal from the Circuit Court for Walton County

. Jeffrey E. Lewis , Judge

. December 19, 2018

P ER C URIAM

.
A FFIRMED

.
B.L. T HOMAS , C.J ., and W ETHERELL and W INSOR , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 J. Christopher Klotz of Stevenson Klotz, LLP, Pensacola
, for Appellant.

No appearance for Appellees.
# C_2019020EN.01000202.xml

| 16.1.2019 | EN | Official Journal of the European Union | C 20/2 |
| --- | --- | --- | --- |

16.1.2019

EN

Official Journal of the European Union

C 20/2

---

Non-opposition to a notified concentration

(Case M.9173 — Astorg Asset Management/Montagu Private Equity/Nemera Capital)

(Text with EEA relevance)

(2019/C 20/04)

On 4 January 2019, 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:

| — | 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 32019M9173. 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 32019M9173. EUR-Lex is the online access to European law.

---

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

---
#### State v. Croft

105,597

06/29/2015

Denied.

Unpublished
Release Date: November 16, 2012

comparison of EIA and STB data

Year STB EIA STB EIA

(nominal) 

EIA 

(real)

EIA STB EIA 

2001 $11.83 - $13.04 - - - - - 33.0% - 

2002 $11.66 - $12.64 - - - - - 34.0% - 

2003 $11.88 - $12.62 - - - - - 33.9% - 

2004 $12.34 - $12.75 - - - - - 36.0% - 

2005 $13.64 - $13.64 - - - - - 36.8% - 

2006 $14.50 - $14.04 - - - - - 34.3% - 

2007 $15.75 - $14.82 - - - - - 34.3% - 

2008 $16.34 $16.68 $15.05 $15.36 2.1% $41.15 $37.90 40.5% 33.7% 82.9%

2009 $15.97 $15.80 $14.56 $14.40 -1.1% $43.59 $39.73 36.2% 35.3% 89.0%

2010 - $17.25 - $15.54 - $44.74 $40.31 38.6% - 90.0%

Annual Percent Change

First to

Last Year 3.8% 1.7% 1.4% 0.6% - 4.3% 3.1% - - - 

Latest 2 

Years -2.3% 9.2% -3.3% 7.9% - 2.6% 1.5% - - - 

- = No data reported or value not applicable

STB Data Source: The Surface Transportation Board's 900-Byte Carload Waybill Sample

EIA Data Source: Form EIA-923 Power Plant Operations Report

Real values derived using the GDP Chain-type Price Index, 2005 = 100.

Transportation cost

per short ton 

(nominal)

Transportation cost

per short ton 

(real)

Total

delivered cost

per short ton

Shipments with 

transportation

rates over

total shipments

(percent)

Table 1. Estimated rail transportation rates for coal, U.S. averages

Percent 

transportation 

cost is of total 

delivered cost

EIA

Percent 

difference

EIA vs. STB
[Federal Register Volume 63, Number 72 (Wednesday, April 15, 1998)]
[Presidential Documents]
[Page 18815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10194]



[[Page 18813]]

_______________________________________________________________________

Part VII





The President





_______________________________________________________________________



Presidential Determination No. 98-20 of April 3, 1998--Use of 
Nonproliferation, Anti-Terrorism, Demining and Related Programs Account 
Funds for the U.S. Contribution to the Korean Peninsula Energy 
Development Organization (KEDO)


                        Presidential Documents 



Federal Register / Vol. 63, No. 72 / Wednesday, April 15, 1998 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 18815]]

                Presidential Determination No. 98-20 of April 3, 1998

                
Use of Nonproliferation, Anti-Terrorism, Demining 
                and Related Programs Account Funds for the U.S. 
                Contribution to the Korean Peninsula Energy Development 
                Organization (KEDO)

                Memorandum for the Secretary of State

                Pursuant to the authority vested in me by section 
                614(a)(1) of the Foreign Assistance Act of 1961, as 
                amended, 22 U.S.C. 2364(a)(1), I hereby determine that 
                it is important to the security interests of the United 
                States to furnish up to $30 million in funds made 
                available under the heading ``Nonproliferation, Anti-
                Terrorism, Demining and Related Programs'' in title II 
                of the Foreign Operations, Export Financing, and 
                Related Programs Appropriation Act, 1998 (Public Law 
                105-118) for the United States contribution to the 
                Korean Peninsula Energy Development Organization 
                without regard to any provision of law within the scope 
                of section 614(a)(1). I hereby authorize the furnishing 
                of such assistance.

                You are hereby authorized and directed to transmit this 
                determination to the Congress and to arrange for its 
                publication in the Federal Register.

                    (Presidential Sig.)<Clinton1><Clinton2>

                THE WHITE HOUSE,

                    Washington, April 3, 1998.

[FR Doc. 98-10194
Filed 4-14-98; 9:17 am]
Billing code 4710-10-P
#### State v. Silcott

105,424

08/19/13

Denied.

Unpublished
### BILL OF COSTS

TEXAS COURT OF APPEALS, SIXTH DISTRICT, AT TEXARKANA

No. 06

- 15

- 00098

- CV

In the Interest of J.K.V., a Child

(No. 2014

- 873

- DR IN 307TH DISTRICT COURT OF GREGG COUNT Y)

TYPE OF FEE CHARGES PAID BY

MOTION FEE

MOTION FEE

MOTION FEE

CLERK'S RE CORD

REPORTER'S RECORD

FILING $15.00 $10.00 $10.00 $208.00 $410.00 $205.00 EXEMPT

EXEMPT

INDIGENT

INDIGENT

INDIGENT

INDIGENT TDFPS

TDFPS
EBB MOBLEY, APPT ATT Y

EBB MOBLEY, APPT ATT Y

Balance of costs owing to the Sixth Court of Appeals, Texarkana, Te xas: 0.00

Court costs in this cause shall be paid as per the Judgment issued by this Court.

I, DEBRA AUTREY, CLERK OF THE SIXTH COURT OF APPEALS OF THE STATE OF TEXAS, do hereby certify that the above and foregoing is a true and correct copy of the co st bill of THE COURT OF APPEALS FOR THE SIXTH DISTRICT OF TEXAS, showing the charges and payments, in the above numbered and styled cause, as the same appears of record in this office.

IN TESTIMONY WHEREOF, witness my hand and the Seal of

the COURT OF AP PEALS for the Sixth District of Texas, this July 6, 2016

.

DEBRA AUTREY, CLERK

By ___________________________
Deputy
#### State v. Matthiesen

110,087

07/24/2015

Denied

Unpublished
-1- United States Court of Appeals Fifth Circuit 

## FILED June 27, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-60833 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff - Appellee

v. JAMES O. OGLE,

Defendant - Appellant
Appeal from the United States District Court for the Southern District of Mississippi

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
PER CURIAM:In our previous opinion in this case, we affirmed DefendantAppellant Ogle’s conviction and sentence. See United States v. Ogle , No. 03-60833, 2004 WL 78109 (5th Cir. 2004) (per curiam) (unpublished). Following our judgment, Ogle filed a petition for certiorari, in which he challenged for the first time the constitutionality of the Sentencing Guidelines as applied to him. The Supreme Court granted Ogle’s petition for certiorari, vacated our judgment, and remanded the case to this court for further1 See Proctor & Gamble Co. v. Amway Corp. , 376 F.3d 496, 499

(5 th Cir. 2004)(party waived argument not included in original brief to panel); Yokey v. Collins , 985 F.2d 222, 225 (5 th Cir. 1993). See also 16A C. W RIGHT , A. M ILLER & E. C OOPER , F EDERAL P RACTICE AND P ROCEDURE § 3974.1 at 501 (1999)(issues not raised in appellant’s initial brief normally will not be considered by the court); F ED . R. A PP . P. 28 (a)(9)(A) which states that an appellant’s brief must contain “appellant’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies.” -2- consideration in light of United States v. Booker , 125 S. Ct. 738 (2005). We now reconsider the matter in light of Booker and decide to reinstate our previous judgment affirming Ogle’s conviction and sentence. Because Ogle did not raise any Booker -related challenges to his sentence until his petition for certiorari, we will not review his claim absent extraordinary circumstances. United States v. Taylor , No. 03-10167, 2005 WL 1155245, at *1 (5th Cir. May 17, 2005). Our cases make it clear that an argument not raised in appellant’s original brief as required by F ED . R. A PP . P. 28 is waived. 1 Appellant argues that based on remarks made by the trial judge at sentencing, he can satisfy the plain-error test discussed in United States v. Mares , 402 F.3d 511, 520-22 (5th Cir. 2005). Even if appellant can satisfy the plain error test, he has not met the even more exacting test required to show the presence of extraordinary circumstances, which requires appellant to show a “possibility of injustice so grave as to warrant disregard of usual procedural rules.” McGee v. Estelle , 722 F.2d 1206, 1213 (5 th Cir. 1984) (footnote omitted).-3-

Accordingly, we decline to consider the merits of his Booker challenge. Having reconsidered our decision pursuant to the Supreme Court’s instructions, we REINSTATE OUR JUDGMENT affirming Ogle’s conviction and sentence.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                       4,660,333
<SECURITIES>                                         0
<RECEIVABLES>                               30,684,090
<ALLOWANCES>                                 3,250,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                            41,385,052
<PP&E>                                     205,815,463
<DEPRECIATION>                              43,355,879
<TOTAL-ASSETS>                             305,793,296
<CURRENT-LIABILITIES>                       39,882,521
<BONDS>                                     63,858,441
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       251,796
<OTHER-SE>                                 161,544,482
<TOTAL-LIABILITY-AND-EQUITY>               305,793,296
<SALES>                                              0
<TOTAL-REVENUES>                            55,192,677
<CGS>                                                0
<TOTAL-COSTS>                               34,495,790
<OTHER-EXPENSES>                            12,352,723
<LOSS-PROVISION>                               761,895
<INTEREST-EXPENSE>                             983,498
<INCOME-PRETAX>                              6,478,371
<INCOME-TAX>                                 4,596,000
<INCOME-CONTINUING>                          1,882,371
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,882,371
<EPS-PRIMARY>                                      .08
<EPS-DILUTED>                                      .07
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE>      5
       
<S>                                     <C>
<PERIOD-TYPE>                          YEAR
<FISCAL-YEAR-END>                      DEC-31-1996 
<PERIOD-END>                           DEC-31-1996
<CASH>                                 15412077
<SECURITIES>                           25189951
<RECEIVABLES>                          874223
<ALLOWANCES>                           10863
<INVENTORY>                            41784
<CURRENT-ASSETS>                       18644104
<PP&E>                                 330653
<DEPRECIATION>                         171250
<TOTAL-ASSETS>                         43669578
<CURRENT-LIABILITIES>                  3662703         
<BONDS>                                0
<PREFERRED-MANDATORY>                  0
<PREFERRED>                            0
<COMMON>                               540189
<OTHER-SE>                             31879110
<TOTAL-LIABILITY-AND-EQUITY>           43669578
<SALES>                                3796568
<TOTAL-REVENUES>                       9199033
<CGS>                                  1131174
<TOTAL-COSTS>                          3802406
<OTHER-EXPENSES>                       0
<LOSS-PROVISION>                       0
<INTEREST-EXPENSE>                     0
<INCOME-PRETAX>                        6472458
<INCOME-TAX>                           1800441
<INCOME-CONTINUING>                    4672017
<DISCONTINUED>                         0
<EXTRAORDINARY>                        0
<CHANGES>                              0
<NET-INCOME>                           4699564
<EPS-PRIMARY>                          .89
<EPS-DILUTED>                          .89
[Federal Register Volume 62, Number 65 (Friday, April 4, 1997)]
[Notices]
[Pages 16156-16157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8664]


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

FEDERAL EMERGENCY MANAGEMENT AGENCY
[FEMA-1170-DR]


Illinois; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major 
disaster for the State of Illinois (FEMA-1170-DR), dated March 21, 
1997, and related determinations.

EFFECTIVE DATE: March 21, 1997.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Response and Recovery

[[Page 16157]]

Directorate, Federal Emergency Management Agency, Washington, DC 20472, 
(202) 646-3260.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter 
dated March 21, 1997, the President declared a major disaster under the 
authority of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), as follows:

    I have determined that the damage in certain areas of the State 
of Illinois, resulting from severe storms and flooding beginning on 
March 1, 1997, and continuing, is of sufficient severity and 
magnitude to warrant a major disaster declaration under the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (``the 
Stafford Act''). I, therefore, declare that such a major disaster 
exists in the State of Illinois.
    In order to provide Federal assistance, you are hereby 
authorized to allocate from funds available for these purposes, such 
amounts as you find necessary for Federal disaster assistance and 
administrative expenses.
    You are authorized to provide Individual Assistance and Hazard 
Mitigation in the designated areas. Public Assistance may be added 
at a later date, if warranted. Consistent with the requirement that 
Federal assistance be supplemental, any Federal funds provided under 
the Stafford Act for Public Assistance or Hazard Mitigation will be 
limited to 75 percent of the total eligible costs.

    The time period prescribed for the implementation of section 
310(a), Priority to Certain Applications for Public Facility and Public 
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed 
six months after the date of this declaration.
    Notice is hereby given that pursuant to the authority vested in the 
Director of the Federal Emergency Management Agency under Executive 
Order 12148, I hereby appoint Dan Bement of the Federal Emergency 
Management Agency to act as the Federal Coordinating Officer for this 
declared disaster.
    I do hereby determine the following areas of the State of Illinois 
to have been affected adversely by this declared major disaster:

    The counties of Alexander, Gallatin, Hardin, Massac, and Pope 
for Individual Assistance and Hazard Mitigation.

(Catalog of Federal Domestic Assistance No. 83.516, Disaster 
Assistance)
James L. Witt,
Director.
[FR Doc. 97-8664 Filed 4-3-97; 8:45 am]
BILLING CODE 6718-02-P
|                                                                      
|----------------------------------------------------------------------
|                                                                      
|View History:  Monthly  Annual Download Data (XLS File)              
|View History:  Monthly  Annual                                        
|View History:  Monthly  Annual                                        
|View History:                                                         
|                                                                      
|Kansas Natural Gas Industrial Price  (Dollars per Thousand Cubic Feet)
|                                                                      
|                                                                      
|Kansas Natural Gas Industrial Price  (Dollars per Thousand Cubic Feet)
|                                                                      

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|1990's                                                                                                                            |        |        |        |        |        |        |        | 3.32   | 3.17   | 2.93  
|2000's                                                                                                                            | 4.00   | 4.97   | 3.62   | 4.95   | 6.41   | 7.71   | 6.83   | 7.17   | 9.42   | 4.59  
|2010's                                                                                                                            | 5.49   | 5.28   | 3.87   | 4.86   | 5.68   | 4.24   | 3.69   | 4.16   | 4.38   | 3.93  
|2020's                                                                                                                            | 3.38   | 5.22   | 8.36   | NA     |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 5/31/2024                                                                                                          
|Next Release Date: 6/28/2024