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

Court of Appeals 

First District of Texas 

NO. 01-14-00762-CV

IN THE MATTER OF B.D.S.

Appeal from the 313th District Court of Harris County. (Tr. Ct. No. 2013-06337J).

TO THE 313TH DISTRICT COURT OF HARRIS COUNTY, GREETINGS:

Before this Court, on the 16th day of June 2015, the case upon appeal to revise or 

to reverse your judgment was determined. This Court made its order in these words:

This case is an appeal from the final judgment signed 

by the trial court on August 14, 2014. After submitting the 

case on the appellate record and the arguments properly 

raised by the parties, the Court holds that the trial court’s 

judgment contains no reversible error. Accordingly, the 

Court affirms the trial court’s judgment.

The Court orders that this decision be certified below 

for observance.

Judgment rendered June 16, 2015.

Panel consists of Chief Justice Radack and Justices Higley 

and Massengale. Opinion delivered by Justice Higley.
WHEREFORE, WE COMMAND YOU to observe the order of our said Court 

in this behalf and in all things to have it duly recognized, obeyed, and executed.

August 28, 2015

Date CHRISTOPHER A. PRINE

 CLERK OF THE COURT
Missouri Court of Appeals

Southern District 

JULY 22, 2014 

THE FOLLOWING CASES WERE AFFIRMED PURSUANT TO RULE 84.16(b). 

1. Case No. SD33047 

 Re: PAUL ALLEN WILLIAMS, 

 Movant-Appellant, 

 vs. 

 STATE OF MISSOURI, 

 Respondent-Respondent.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 193 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
H. RES. 193

 Expressing support for the goals and ideals of ``World Hearing Day''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2023

Mr. Thompson of California (for himself and Mr. Fitzpatrick) submitted 
the following resolution; which was referred to the Committee on Energy 
                              and Commerce

_______________________________________________________________________

                               RESOLUTION

 
 Expressing support for the goals and ideals of ``World Hearing Day''.

Whereas the World Health Organization (WHO) has designated March 3 as World 
        Hearing Day;
Whereas the theme for World Hearing Day 2023 is ``Ear and Hearing Care for 
        All'';
Whereas approximately 466 million people worldwide, including 34 million 
        children, have disabling hearing loss;
Whereas the WHO estimates that by 2050 over 900 million people--1 in every 10--
        will have disabling hearing loss;
Whereas approximately 48 million Americans have some degree of hearing loss and 
        people with hearing impairments wait on average 7 years before seeking 
        help;
Whereas hearing issues are the most common service-connected disability among 
        American veterans;
Whereas the number of adults in the United States 20 years or older with hearing 
        loss is expected to increase from 44.1 million in 2020 to 73.5 million 
        by 2060;
Whereas individuals with mild hearing loss are 3 times more likely to experience 
        a fall, and falls are the leading cause of fatal injury for Americans 
        over 65;
Whereas seniors with hearing loss are more likely to develop cognitive problems 
        and experience cognitive decline up to 40 percent faster than those 
        without hearing loss;
Whereas untreated hearing loss can lead to depression, anxiety, and social 
        isolation, especially during the coronavirus (COVID-19) pandemic;
Whereas uneven coverage of and access to hearing technology and services 
        contribute to significant disparities in hearing care; and
Whereas timely access to diagnosis and treatment for hearing and vestibular 
        conditions by qualified hearing health care professionals can improve 
        outcomes and reduce overall cost of care: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) supports the goals and ideals of ``World Hearing Day'';
            (2) encourages awareness about ways to prevent deafness and 
        hearing loss and promote ear and hearing care; and
            (3) supports efforts to improve access to hearing health 
        care and technology for all individuals.
                                 <all>
```
#### Christian Hepp *v.*Adam Jaenemann.

*Practice—Affirmance for Want of Abstract.*

This court declines to consider the merits and affirms the judgment of the court below for want of a sufficient abstract.

[Opinion filed June 7, 1887.]

Appeal from the County Court of Monroe County; the Hon. William Erd, Judge, presiding.

Mr. E. P. Slate, for appellant.

Messrs. Bickert *&*Biess, for appellee.

Pillsbury, J.

This case has twice been tried at the Circuit Court; the last time at the January term, 1887, when the verdict and judgment went in favor of the defendant.

The abstract filed herein, so far as'applies to the proceedings u pon the last trial, is as follows:

> Record Pages

> 10 January term, 1887, trial by jury and verdict for defendant.

> *45424-25 Motion for" a new trial by plaintiff, and motion refused.

We are asked by the assignment of error’s to ascertain whether the verdict of the jury is sustained by the evidence, and whether the court erred in its instructions to the jury and in overruling the motion for a new trial. This we decline to do for the reasons stated in the preceding case of the People, etc., v. Angerer, and affirm the judgment for want of an abstract of the record under rule 26 of this court.

*Judgment affirmed.*
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.                  

###### Department of the Treasury

# DATES:

Written comments should be received on or before April 22, 2009 to be assured of consideration. 

## Internal Revenue Service (IRS) 

*OMB Number*                     1545-1954.                

*Type of Review:*                     Extension.                 

*Form:*                     13704.                 

*Title:*                     Health Coverage Tax Credit Registration Update Form.                 

*Description:*                     Internal Revenue Code Sections 35 and 7527 enacted by Public Law 107-210 (see attachment) require the Internal Revenue Service to provide payments of the HCTC to eligible individuals beginning August 1, 2003. The IRS will use the Registration Update Form to ensure, that the processes and communications for delivering these payments help taxpayers determine if they are eligible for the credit and understand what they need to do to continue to receive it.                 

*Respondents:*                     Individuals or households.                 

*Estimated Total Burden Hours:*                     1,100 hours.                 

*Clearance Officer:*                     R. Joseph Durbala (202) 622-3634, Internal Revenue Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224.                 

*OMB Reviewer:*                     Shagufta Ahmed (202) 395-7873, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503.                 

Celina Elphage, 

Treasury PRA Clearance Officer.

[FR Doc. E9-6191 Filed 3-20-09; 8:45 am] 

BILLING CODE 4830-01-P
#### In the Matter of Eugene Hibbard, Petitioner, v New York State and Local Employees’ Retirement System, Respondent.

[719 NYS2d 767]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Comptroller which denied petitioner’s request for performance of duty disability retirement benefits.

On March 27, 1996, petitioner, a Deputy Chief/Fire Marshall with the City of Rochester, Monroe County, was diagnosed with cervical spondylosis and applied for performance of duty disability retirement benefits claiming to be permanently disabled as a result of an on-the-job injury occurring on September 18, 1990 and other subsequent trauma throughout his service as a firefighter. Petitioner’s application was denied by the *946Comptroller based upon his failure to demonstrate that his medical condition rendered him permanently incapacitated from the performance of his duties at the time that he retired. Petitioner thereafter commenced this proceeding pursuant to CPLR article 78, subsequently transferred to this Court, to challenge the Comptroller’s determination.

Although there is no dispute that petitioner is permanently incapacitated from performing strenuous physical activity due to his cervical condition, the issue is whether his disability prevented him from performing his duties as Deputy Chief/ Fire Marshall, which duties the Comptroller found to be administrative. Given the undisputed medical testimony, especially from the physician who testified on behalf of respondent, that petitioner should avoid “engag[ing] in activity where there is some risk of injury,” we conclude that the record does not support the Comptroller’s conclusion that petitioner was not totally incapacitated from the performance of his duties *(see, Matter of Arimento v McCall, 211*AD2d 958). While the job specifications detailing petitioner’s duties as Deputy Chief/Fire Marshall did not require that he fight fires or respond to all three-alarm fires, it was undisputed that he was required to “investigate the cause, origin and circumstances” of every suspicious fire and those involving injury or death. According to petitioner’s testimony, determining the origin and cause of a fire often involved moving debris, lifting and crawling. No evidence was offered to refute petitioner’s description of this aspect of his job.

We find that it is unreasonable to conclude, given the medical testimony from both parties, that such duty would not involve physical activity which would expose petitioner to some risk of injury. Notwithstanding the fact that petitioner’s duties were largely administrative in nature, we conclude that there were, nonetheless, aspects of his duties which required some degree of physical activities which were beyond petitioner’s capabilities due to his cervical spondylosis.

Cardona, P. J., Peters, Spain, Mugglin and Rose, JJ., concur. Adjudged that the determination is annulled, with costs, petition granted and matter remitted to respondent for further proceedings not inconsistent with this Court’s decision.
# EXHIBIT 32.1

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

I, Gilbert G. Lundstrom, Chairman of
the Board and Chief Executive Officer of TierOne Corporation (Company), hereby
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section
1350, that:

| | (1) | The
Quarterly Report on Form 10-Q of the Company for the quarterly period ended
          March 31, 2006 (Report) fully complies with the requirements of
          Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)
          or 78o(d)); 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:  May 3, 2006 | By:  /s/ Gilbert G. Lundstrom              
|------------------ | -------------------------------------------
|                   | Gilbert G. Lundstrom, Chairman of the Board
|                   | and Chief Executive Officer
Exhibit 99.2


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

The undersigned  hereby certifies in her capacity as Chief Financial  Officer of
Belrose Capital Fund LLC (the "Fund"), that:

     (a)  the  Quarterly  Report of the Fund on Form 10-Q for the quarter  ended
          March 31, 2003 (the "Report") fully complies with the  requirements of
          Section 13(a) of the Securities Exchange Act of 1934, as amended; and

     (b)  the  information  contained  in the  Report  fairly  presents,  in all
          material  respects,   the  financial  condition  and  the  results  of
          operations of the Fund for such period.

A SIGNED  ORIGINAL OF THIS  WRITTEN  STATEMENT  REQUIRED BY SECTION 906 HAS BEEN
PROVIDED  TO THE FUND  AND WILL BE  RETAINED  BY THE FUND AND  FURNISHED  TO THE
SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.

Dated:  May 15, 2003



                                            /s/ Michelle A. Alexander
                                            -----------------------------
                                                Michelle A. Alexander
                                                Chief Financial Officer
# EXHIBIT 32.2

# CERTIFICATION PURSUANT
TO18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF
2002

I, Eugene B. Witkowicz, Executive
Vice President, Chief Financial Officer and Corporate Secretary of TierOne Corporation
(Company), hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, that:

| | (1) | The
Quarterly Report on Form 10-Q of the Company for the quarterly period ended
               September 30, 2008 (Report) fully complies with the
requirements of                Section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a)                or 78o(d)); 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:  November 7, 2008 | By:  /s/ Eugene B. Witkowicz         
|----------------------- | -------------------------------------
|                        | Eugene B. Witkowicz, Executive Vice  
|                        | President and Chief Financial Officer
EXHIBIT 32.2

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


The undersigned  hereby certifies in his capacity as Chief Financial  Officer of
Belrose Capital Fund LLC (the Fund), that based on his knowledge:

(a)  the  Quarterly  Report of the Fund on Form 10-Q for the quarter ended March
     31, 2005 (the Report) fully complies with the requirements of Section 13(a)
     of the Securities Exchange Act of 1934, as amended; and

(b)  the information  contained in the Report fairly  presents,  in all material
     respects, the financial condition and the results of operations of the Fund
     for such period.

Date:  May 10, 2005

                                   /s/ James L. O'Connor
                                   ---------------------
                                   James L. O'Connor
                                   Chief Financial Officer




A signed  original of this  written  statement  required by Section 906 has been
provided  to the Fund  and will be  retained  by the Fund and  furnished  to the
Securities and Exchange Commission or its staff upon request.
IN THE SUPREME COURT OF PENNSYLVANIA

IN RE: REAPPOINTMENT TO MINOR

COURT RULES COMMITTEE 

:

:

:

NO. 388

MAGISTERIAL DOCKET

 O R D E R

PER CURIAM:

AND NOW, this 20th day of July, 2015, Magisterial District Judge Isaac H. 

Stoltzfus, Lancaster County, is hereby reappointed as a member of the Minor Court 

Rules Committee for a term for three years commencing August 9, 2015.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT CHRISTOPHER CURTIS MANLEY, ) ) Appellant, ) ) v. ) Case No. 2D16-2272 ) STATE OF FLORIDA, ) ) Appellee. ) ________________________________ ) Opinion filed May 1, 2019. Appeal from the Circuit Court for Lee County; Margaret O. Steinbeck, Judge. Howard L. Dimmig, II, Public Defender, and James Dickson Crock, Special Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

In 2014, the State charged Christopher Curtis Manley with one count of second-degree murder with a firearm and two counts of aggravated battery with a firearm. Manley unsuccessfully moved to dismiss the information, claiming immunity from prosecution under Florida’s Stand Your Ground law, section 776.032, Florida- 2 -

Statutes (2013). He was tried before a jury in 2016 and found guilty of all three charges. Manley has appealed the resulting judgment and sentences, arguing among other things that the 2017 amendment to section 776.032, see ch. 2017-72, § 1, Laws of Fla., applies retroactively to pending cases and that therefore the trial court should reconsider his immunity claim in light of that amendment.

In Martin v. State, 43 Fla. L. Weekly D1016, D1017 (Fla. 2d DCA May 4, 2018), review pending, No. SC18-789, this court held that the 2017 amendment to section 776.032 applies retroactively to pending cases. See also Drossos v. State, 43 Fla. L. Weekly D2764 (Fla. 2d DCA Dec.14, 2018), review pending, No. SC19-83. As we did in Martin, here we reverse Manley's judgment and sentences and remand for a new immunity hearing under the 2017 statute. If, following the hearing, the trial court determines that Manley is entitled to statutory immunity, it shall enter an order to that effect and dismiss the information with prejudice. See Martin, 43 Fla. L. Weekly at D1018. If the court determines that Manley is not entitled to immunity, it shall enter an order so reflecting and reinstate Manley’s conviction and sentences. See id. We find no merit to the other issues raised in Manley’s appeal.

The Third and Fourth District Courts of Appeal have held that section 776.032, as amended, does not apply retroactively to pending cases. Accordingly, we certify that this decision is in direct conflict with Hight v. State, 253 So. 3d 1137 (Fla. 4th DCA 2018), review pending, No. SC18-1653, and Love v. State, 247 So. 3d 609 (Fla. 3d DCA 2018), review granted, No. SC18-747, 2018 WL 3147946 (Fla. June 26, 2018).

Reversed and remanded with instructions; conflict certified.- 3 -

NORTHCUTT, SLEET, and ATKINSON, JJ., Concur.
# Fourth Court of Appeals San Antonio, Texas

May 22, 2019

No. 04

- 18

- 00893

- CR

Ryan Stephen KIDD, Appellant

v.

The STATE of Texas, Appellee

From the 175th Judicial District Court, Bexar County, Texas

Tria l Court No. 2017CR7803 Honorable Catherine Torres

- Stahl, Judge Presiding



### O R D E R

CORRECTED ORDER

After we granted Appellant’s first and second motion s for extension of time to file the brief, A ppellant’s brief was due on May 16, 2019

. See T EX

. R. A PP

. P. 38.6(a). After the twice

extended due date, Appellant filed the brief and a motion for a three

- day extension of time to file
the brief

. Appellant’s third motion is GRANTED . Appellant’s brief is deemed timely filed

.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of May, 2019

.___________________________________ KEITH E. HOTTLE

, Clerk of Court
#### In the Matter of Michael Watt, Petitioner, v Brian J. Wing et al., Respondents.

[719 NYS2d 258]

Proceeding pursuant to CPLR article 78, *inter alia,*to review a determination of the respondent Commissioner of the New York State Office of Temporary and Disability Assistance, dated December 11, 1998, which, after a hearing, in effect, denied as untimely the petitioner’s request for a fair hearing to review a determination of the Suffolk County Department of Social Services dated June 10, 1998, discontinuing his food stamp benefits.

Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, without costs or disbursements.

The respondent Commissioner of the New York State Office of Temporary and Disability Assistance properly determined that he lacked jurisdiction to entertain the petitioner’s request for a fair hearing, and, in effect, denied as untimely the petitioner’s request for such a hearing. The petitioner did not make the request within the 90-day Statute of Limitations period, which is jurisdictional *(see,*18 NYCRR 358-3.5 [b] [2]; *Matter of Fieldston Lodge Nursing Home v DeBuono,*261 AD2d 543). Substantial evidence supports both the determination that the petitioner received the June 10, 1998, notice terminating his food stamp benefits but failed to request a fair hearing to review that determination within the 90-day period, and the determination not to toll the 90-day period because of the petitioner’s alleged mental illness. The petitioner testified that he received the notice and decided not to follow through with his application for food stamp benefits because he was seeking employment.

The petitioner’s remaining contention has not been considered, since it was raised for the first time in the reply brief. Bracken, Acting P. J., Altman, Krausman and Friedmann, JJ., concur.
IN the INTEREST OF: I.W., Plaintiff,

Juvenile Officer, Respondent, v. C.W. (Father), Appellant.

WD 81304

Missouri Court of Appeals, Western District.

Order filed: September 18, 2018 Motion for Rehearing and/or Transfer to Supreme Court Denied October 23, 2018

Mary S. Mann, for Respondent I.Q.W.

Kathleen M. Hunter, for Respondent Juvenile Officer.

Edward E. Moore, Kansas City, Co-counsel for Respondent Juvenile Officer.

James R. Craft, for Appellant.

Before Division Two: Mark D. Pfeiffer, Presiding Judge, Lisa White Hardwick, Judge and Edward R. Ardini, Jr., Judge

***ORDER***

PER CURIAM:

Father appeals the trial court's judgment terminating his parental rights to his minor child, I.W. Finding no error, we affirm. Because a published opinion would have no precedential value, a memorandum of law has been provided to the parties. Rule 84.16(b).