alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
TITAN FISH TWO, LLC, Appellant, v. TRIAD BANK, McEagle Properties, LLC., McEagle EIP LLC, Create LLC., M Property Services LLC., McEagle Development, LLC., McEagle Realty, LLC., McEagle Property Services, LLC., Paul J. McKee, Jr., Glenn Mitchell, Marguerite Ann McKee & Paul J. McKee Jr. Trustees, Marguerite A. Brown, Trustee, Respondents.

No. ED 106463

Missouri Court of Appeals, Eastern District, DIVISION FOUR.

Filed: April 30, 2019

Anthony F. Rupp, 32 Corporate Woods Ste. 600, 9225 Indian Creek Parkway, Overland Park, KS 66210, Matthew D. Stroberg, 9 Corporate Woods Ste. 450, 9200 Indian Creek Parkway, Overland Park, KS 66210, For Plaintiff/Appellant.

David P. Stoeberl, Tina N. Babel, 120 S. Central Ave. Ste. 1800, Clayton, MO 63105, For Defendant/Respondent Triad.

Joseph R. Dulle, Howard S. Smotkin, Robert Hellwig, 7733 Forsyth Blvd. Ste. 500, Clayton, MO 63105, For Defendants/Respondents.

Before Kurt S. Odenwald, P.J., Gary M. Gaertner, Jr., J., and Colleen Dolan, J.

***ORDER***

PER CURIAM.

*762Titan Fish Two, LLC ("TFT") appeals the trial court's judgment entered in favor of Respondents on TFT's several claims. TFT offers four points on appeal. Finding that the trial court did not err as to the matters complained of in TFT's points on appeal, we affirm the judgment of the trial court.

No jurisprudential purpose would be served by a written opinion. However, we have provided the parties a memorandum setting forth the reasons for our decision. The judgment of the trial court is affirmed under Rule 84.16(b).
[No. 52389-9-I.

Division One.

June 1, 2004.]

#### Citizens for Des Moines, Inc., et al., *Respondents,*v. The City of Des Moines *on the relation of*Donald Wasson, et al., *Appellants.*

Appeal from a judgment of the Superior Court for King County, No. 02-2-06957-6, Jay V. White, J. Pro Tern., entered May 22, 2004. *Reversed*by unpublished opinion per Schindler, J., concurred in by Grosse and Agid, J.
## S IXTH 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________ Case No. 6D2 3

- 2395 Lower Tribunal No. 20 17DP

- 000153

_____________________________ In the Interest of D. L. B. , a child

.

D.B. , Appellant ,

v.
D EPARTMENT OF C HILDREN AND F AMILIES and S TATEWIDE G UARDIAN AD L ITEM O FFICE , Appellee s

.

_____________________________ Appeal from the Circuit Court for Polk County

.

Kelly P. Butz , Judge.
January 30, 2024

PER CURIAM

.
AFFIRMED

. STARGEL, NARDELLA and MIZE , JJ., c oncur.

Amanda Peterson , of Law Offices of Peterson, P.A. , Mulberry , for Appellant.
Andrew Feigenbaum , Appellate Counsel, of Children’s Legal Services, West Palm Beach , for Appellee , Department of Children and Families

. Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Amanda Victoria Glass , Senior Attorney, Appellate Division, of the Statewide Guardian ad Litem Office, Tallahassee, for Appellee, Statewide Guardian ad Litem Office

.

NOT FINAL UNTIL TIME EXPI RES TO FILE MOTION FOR REHEARING

AND DISPOSITION THEREOF IF TIMELY FILED
Exhibit
      23.2








CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We
      consent to the incorporation by reference in the Registration Statements No.
      333-18217, No. 333-37040, No. 333-91882, No. 333-91884 and No. 333-130355,
      each
      on Form S-8, and Registration Statement No. 333-128015 on Form S-3 for Vineyard
      National Bancorp, of our report dated March 14, 2006 with respect to the
      consolidated balance sheet of Vineyard National Bancorp and Subsidiary as of
      December 31, 2005, and the related consolidated statements of income,
      stockholders’ equity, and cash flows for each of the years in the two-year
      period ended December 31, 2005, which appears in the December 31, 2006 annual
      report on Form 10-K of Vineyard National Bancorp.








*/s/
      Vavrinek, Trine, Day & Co., LLP*


Rancho
      Cucamonga, California


June
      12,
      2007
#### The People of the State of New York, Respondent, v Ernest Taylor, Appellant.

[720 NYS2d 357]

Appeal by the defendant from an amended judgment of the County Court, Suffolk County (Vaughn, J.), rendered June 30, 1998, revoking a sentence of probation previously imposed by the same court, upon finding that he had violated certain conditions thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of grand larceny in the fourth degree.

Ordered that the amended judgment is affirmed.

We have reviewed the record and agree with the defendant’s *594assigned counsel that there are no non-frivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see, Anders v California,*386 US 738; *People v Paige,*54 AD2d 631; *cf., People v Gonzalez,*47 NY2d 606). Bracken, Acting P. J., Santucci, Altman and Florio, JJ., concur.
IV 

118TH CONGRESS 

1ST SESSION H. RES. 347 

Expressing support for designation of the month of April 2023 as 

‘‘Parkinson’s Awareness Month’’. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2023 

Ms. WEXTON (for herself and Mrs. KIGGANS of Virginia) submitted the following resolution; which was referred to the Committee on Energy and 

Commerce 

RESOLUTION 

Expressing support for designation of the month of April 

2023 as ‘‘Parkinson’s Awareness Month’’. 

Whereas Parkinson’s disease— 

(1) affects over 1,000,000 individuals in the United 

States; 

(2) is the fastest-growing and second most common 

neurodegenerative disease in the world; 

(3) is believed to be caused by a combination of genetic and environmental factors, but the exact cause in 

most individuals is still unknown; and 

(4) is the 14th leading cause of death in the United 

States, according to the Centers for Disease Control and 

Prevention; 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HRES 347 IH 

Whereas it is estimated that, by the year 2037, the number 

of individuals with Parkinson’s disease in the United 

States will nearly double, and the disease will cost the 

United States at least $80,000,000,000 annually; 

Whereas the symptoms of Parkinson’s disease can include dementia and cognitive impairment, tremors, slowness of 

movement and rigidity, gait and balance difficulties, 

speech and swallowing difficulties, depression, and a variety of other symptoms; 

Whereas there are millions of family caregivers, friends, and 

loved ones whose lives are greatly affected by Parkinson’s 

disease; and 

Whereas more research, education, and community support 

services are needed to— 

(1) find better treatments and a cure for Parkinson’s disease; and 

(2) maintain dignity for those living with the disease 

today: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) supports the designation of ‘‘Parkinson’s 

3 Awareness Month’’; 

4 (2) supports the goals and ideals of Parkinson’s 

5 Awareness Month; 

6 (3) continues to support research to find better 

7 treatments and a cure for Parkinson’s disease; 

8 (4) recognizes the individuals living with Par9 kinson’s disease who participate in vital clinical 

10 trials to advance the knowledge of the disease; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•HRES 347 IH 

1 (5) commends the dedication of organizations, 

2 volunteers, researchers, and millions of individuals 

3 across the country working to improve the quality of 

4 life of people living with Parkinson’s disease and 

5 their families. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
Exhibit  32.2








CERTIFICATION 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 Annual Report of Freedom Environmental Services Inc. on Form 10-K for the year ended December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael Borish, Interim Chief Financial Officer (principal Accounting Offcier) certify, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the  Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:





(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.











/s/  Michael Borish


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


Michael Borish


Interim Chief
Financial Officer


(Principal Accounting Officer)


Date: September 9, 2009
[No. 51147-5-I.

Division One.

June 1, 2004.]

#### The State of Washington, *Respondent,*v. Raymond Renaud Smith, *Appellant.*

Appeal from a judgment of the Superior Court for Rang County, No. 02-1-04024-8, Anthony P. Wartnik, J., entered September 4, 2002. *Affirmed*by unpublished opinion per Grosse, J., concurred in by Cox, C.J.; Becker J., dissenting.
Exhibit
32.1




CERTIFICATION




In
connection with the annual report of Liberator, Inc. (the “Company”) on Form
10-K for the fiscal year ended December 31, 2008 as filed with the Securities
and Exchange Commission (the “Report”), I, Louis S. Friedman, Chief Executive
Officer (Principal Executive Officer) of the Company, hereby certify as of the
date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the
United States Code, that to the best of my knowledge:




(1)
     The Report fully complies with the requirements of
Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods
indicated.





Date:
      February 4, 2010
            /s/
      Louis S. FriedmanLouis
      S. FriedmanChief
      Executive Officer (Principal Executive Officer)
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

NO. 03-1443

CECIL GATES, APPELLANT,

V.

R. JAMES NICHOLSON,

SECRETARY OF VETERANS AFFAIRS, APPELLEE.

Before KASOLD, MOORMAN, and SCHOELEN, Judges.

O R D E R

On July 25, 2003, Cecil Gates appealed through counsel a July 14, 2003, decision of the

Board of Veterans' Appeals (Board) that determined that there was no clear and unmistakable error

(CUE) in a November 19, 2002, Board decision. In an unopposed motion to dismiss, the Secretary

notes that on January 7, 2003, Mr. Gates filed a motion for reconsideration as to the November 2002

Board decision, which the Board Chairman has yet to act upon, and on January 23, 2003, filed a

second motion for reconsideration as to the same Board decision, which the Board Chairman denied

on April 2, 2003. The Secretary argues that the November 2002 Board decision was not final when

the July 2003 Board rendered its decision and that the July 2003 Board decision should be vacated.

The Court agrees. A CUE claim cannot lie as to a Board decision that is still open to direct review.

See May v. Nicholson, 19 Vet.App. 310, 320 (2005).

Moreover, to the extent that Mr. Gates argues that a January 10, 2003, letter to the Court

constituted a Notice of Appeal (NOA) of the November 2002 Board decision, the Court notes that

it does not have jurisdiction over that decision because of the outstanding motion for reconsideration.

See Linville v. West, 165 F.3d 1382, 1386 (Fed. Cir. 1999) (adopting Rosler v. Derwinski, 1 Vet.App.

241 (1991)). Inasmuch as the outstanding motion for reconsideration was filed within 120 days of

the November 2002 Board decision, in the event that the Board Chairman denies the outstanding

motion for reconsideration, Mr. Gates will have 120 days after that Board Chairman's decision to file

an NOA. See Linville, supra; see also Losh v. Brown, 6 Vet.App. 87, 90 (1993).

Upon consideration of the foregoing it is

ORDERED that the July 14, 2003, Board decision denying the CUE claim is VACATED.

It is further

ORDERED that the Secretary's motion to dismiss for lack of jurisdiction is granted and the

appeal of the November 19, 2002, Board decision is DISMISSED. 

DATED: December 2, 2005 PER CURIAM.
exv10w5



 





Exhibit 10.5



November 14, 2007



PERSONAL AND CONFIDENTIAL



Ms. Kei Tolliver, VP, Business Development & Company Operation

4520 East West Highway, 3rd Floor

Bethesda, Maryland 20814



     Re:     Amendment to Employment Agreement


Dear Ms. Tolliver:



     This letter will reflect the agreement between you and Sucampo Pharmaceuticals, Inc. (the
“Company”) upon certain amendments to the terms of the Employment Agreement between you and the
Company dated June 16, 2006.



     Effective as of the first payroll period in June 2007, your Base Salary has been increased to
the annual rate of $124,000. In addition, effective immediately, your Compensation Upon Severance
in the event the Company terminates (or elects not to renew) your Employment Agreement “without
cause,” or upon disability pursuant to Section 4.2 of the Agreement, or in the event you terminate
the Agreement for “good reason” has been altered to increase your lump-sum severance to a payment
equal to six (6) months of your then-current base salary. Your Compensation Upon Severance has also
been altered to extend the period for which you are entitled to receive reimbursement for the cost
of continued health insurance coverage to a maximum of six (6) months after termination.



     Consistent with the requirements for modification set forth in Section 6.3 of the Employment
Agreement, this letter will document the mutual agreement between you and the Company to amend (1)
Section 3.1(a) of your Employment Agreement to reflect the foregoing increase in Base Salary, (2)
Section 4.4(a)(iii) of that agreement to reflect the foregoing increase in your Compensation Upon
Severance, and (3) Section 4.1(a) of that agreement to alter the definition of “Benefit Period” to
mean “six (6) month period” rather than “two (2) month period.”



     The foregoing are the only changes to the terms of the Employment Agreement to be made at this
time. Please indicate your agreement to these modifications of the Employment Agreement by
countersigning the enclosed copy of this letter in the space provided below and returning the same
to me for the Company’s files.



     Thank you for your cooperation.



	 	 	 	 	 
	 	Sincerely,

 	 
	 	/s/ RYUJI UENO
 	 
	 	Ryuji Ueno, M.D., Ph.D 	 
	 	President 	 
	 



Acknowledged and accepted this 5th day of December, 2007.



	 	 	 	 	 
	 	 	 
	/s/ KEI TOLLIVER
 	 	 
	Kei Tolliver
# NAVAJO COUNTY Board ofSupervisors JonathanM. Nez • Jesse Thompson • J.R. DeSpain • DavidTenney • Jerry Brownlow 

## uProudly Serving, Continuously Improving"

19 July 2012 Regional Administrator Jared Blumenfeld, U.S. EPA Region 9 75 Hawthorne Street, San Francisco, CA 94105

re: EPA-R09-0AR-2012-0021, FRL Dear Administrator Blumenfeld: On behalf of Navajo County, we write to respectfully request an extension of the public comment period and the scheduling ofa public hearing in Navajo County for the EPA to receive regional input onthe proposed regional haze plan that was recently proposed for Arizona. The proposal that was announced on July 2nd by the EPA, including several rules that too our knowledge have not even been published in the Federal Register, related to regional haze in Arizona will be disastrous to the economy of Navajo County, our region and the State of Arizona. As we understand it, the proposal would require "best available retrofit technology" emission limits for NOx emissions from many coal-fired power plants in Arizona, including our region

. The potential impacts ofwhat we understand ofthe proposed rules will have significant negative implications for the economy of communities in Navajo county, our region and the State of Arizona. We are very concerned about the reliability of electricity, the cost to energy to our citizens and businesses and the negative impacts onjobs and our local economies

. We understand that the EPA has scheduled one public hearing on July 31 s t in Phoenix and the deadline for written comments on the proposed rule is August 31 , 2012. We respectfully ask that you postpone the currently scheduled July 31 s thearing until a reasonable time after the rules are actually released, that the deadline for comments on the proposed rules be extended to 90 days after they are actually published in the Federal Register and to schedule a public hearing in the NE Arizona Region We feel strongly that the livelihoods ofmany ofour families and the health ofthe economy of our communities and our region are at stake with the ultimate decision of the EPA

. We respectively request that you schedule and hold a hearing in Navajo County. Specifically, we would like to see a public hearing in this region. Having a hearing on a Tuesday in Phoenix will not accommodate the voice of those most impacted by this drastic change in policy and a decision that is not based on public health benefits.



### • 928.524.4000 • Fax: 928.524.4239 • P.O. Box 668 • Holbrook, AZ 86025 • • www.navajocountyaz.gov •Sincerely,

\ 

# . . ·.,.\
- <:

# ~ 

# ::t ;;;3 J.R

.DeSpain, C

# ~an Navajo County Board ofSupervisors Supervisor, District III

cc: Lisa Jackson IAdministrator, U.S. EPA 11200 PennsylvaniaAve, N.W., Washington, DC 20460 Gina McCarthy 

### IAssistant Administrator 

### IUSEPA Office ofAir and Radiation 

### IUSEPA Headquarters, Ariel Rios Building, 1200 PennsylvaniaAvenue, N. W. Mail Code 6101A Washington, DC 20460
Certification Pursuant to Title 18, United States
          Code, Section 1350, as Adopted Pursuant to Section  906
          Of The Sarbanes-Oxley Act Of 2002


In  connection with the Quarterly Report of Estelle  Reyna,  Inc.
("Estelle Reyna") on Form 10-QSB for the three-month period ended
June  30,  2003,  as  filed  with  the  Securities  and  Exchange
Commission  on  the date hereof (the "Report"),  I,  Michelle  R.
Quinlan, President and Chief Executive Officer of Estelle  Reyna,
and I, Michael G. Quinlan, Principal Financial Officer of Estelle
Reyna, certify, pursuant to Title 18, United States Code, Section
1350,  as  adopted pursuant to Section 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 Estelle Reyna

Date: October 14, 2003

/s/ Domonique Einhorn
------------------------
Domonique Einhorn
President and Chief Executive Officer

Date: October 14, 2003

/s/ Mike Markwell
----------------------
Mike Markwell
Principal Financial Officer
<PAGE>

                                                                    Exhibit 10.2

[PLATINUM LOGO]                                The Belvedere Building
                                               69 Pitts Bay Road, Pembroke HM 08
                                               P.O. Box HM 3012
                                               Hamilton HM MX, Bermuda

                                               Tel: (441) 295-7195
                                               Fax: (441) 295-4605

May 19, 2004

The St. Paul Companies, Inc.
385 Washington Street
St. Paul, MN 55102

Attention: Mr. Mark Wigmore

RE: MASTER SERVICES AGREEMENT - LETTER AGREEMENT

Gentlemen:

Reference is made to the Master Services Agreement, dated as of November 1, 2002
as amended (the "Agreement") between The St. Paul Companies, Inc. ("St. Paul")
and Platinum Underwriters Holdings, Ltd. ("Platinum"). Capitalized terms used
but not defined herein have the meanings specified in the Agreement.

This letter confirms the agreement between St. Paul and Platinum to modify the
Agreement by (i) extending the Maximum Service Period for the Services provided
by St. Paul or its Post-closing Subsidiaries from June 30, 2003 until June 30,
2005.

The Agreement shall expire June 30, 2005, subject to the provisions of Section
1(c) of the Agreement. All other terms and conditions of the Agreement will
remain in full force and effect.

Sincerely,

PLATINUM UNDERWRITERS HOLDINGS, LTD.

By: /s/ Gregory E.A. Morrison
    --------------------------------
    Gregory E.A. Morrison
    President and Chief Executive Officer

ACKNOWLEDGED, ACCEPTED AND AGREED:

THE ST. PAUL COMPANIES, INC.

By: /s/ Mark Wigmore
    --------------------------------
    Mark Wigmore
    Senior Vice President
EXHIBIT
      32





CERTIFICATION
      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 Ideal Accents, Inc., a Florida
      corporation (the “Company”) on Form 10-QSB for the period ending March 31, 2007,
      as filed with the Securities and Exchange Commission on the date hereof (the
      “Report”), Karim Suleman, Chief Executive Officer, President, Director and Chief
      Financial Officer of the Company, certifies to the best of his knowledge,
      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 result of operations of the
                Company.





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Ideal Accents, Inc., and will be retained by Ideal Accents, Inc. and furnished
      to the Securities and Exchange Commission or its staff upon
      request.











*/S/
      Karim
      Suleman*


Karim
      Suleman, Chief Executive Officer,


President,
      Director and Chief Financial


Officer





Date:
      May
      15, 2007
June 26, 2014



### JUDGMENT 

## The Fourteenth Court of Appeals

MINDI M. , INDIVIDUALLY AND A S NEXT FRIEND OF S.M ., A CHILD , Appellant

NO. 14

- 13

- 00515

- CV V.
THE FLAGSHIP HOTEL, LTD, FLAGSHIP HOSPIT ALITY, INC., INDIVIDUALLY AND D/B /A FLAGSHIP HOTEL , Appellee s

________________________________ This cause, an appeal from the judgment in favor of appellee s , The Flagship Hotel, Ltd, Flagship Hospitality, Inc., Ind ividually a nd d/b/a Flagship Hotel, signed January 28, 2013, was heard on the transcript of the record. We have inspected the record and find that the trial court erred by disposing of the claim for negligent hiring, retention, and supervision . We therefor e order that the portions of the judgment that dispose of the claim for negligent hiring, retention, and supervision

are REVERSED and ordered severed and REMANDED for proceedings in accordance with this court ’ s opinion. Further, we find no error in the remainder of the judgment and order it AFFIRMED

. We order that each party shall pay its costs by reason of this appeal.

We further order this decision certified below for observance.
# ---- -111-- 

# -- ... MILE-POST 7 TAIUNGS BASIN PJMPHOUSE 12



# --- CONCENlRATOR BUILDING 

# III&EI'-- PUMPHOUSEof! 400' CLARIFIER 

# 22-3158
# Third District Court of Appeal

State of Florida

Opinion filed July 2, 2014

. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D13-3199

Lower Tribunal No. 08-66142

________________



### Edgar Nivia

, Appellant,

vs.



### Aurora Loan Services, LLC

,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Victoria S.

Sigler

, Judge.

Edgar Nivia

, in proper person.

McCalla Raymer, LLC, and Charles P. Gufford (Orlando)

, for appellee.

Before WELLS, LOGUE, and SCALES, JJ.

PER CURIAM.Upon consideration of the initial brief, and finding no preliminary basis for

reversal has been demonstrated, the order below is summarily affirmed pursuant to

Florida Rule of Appellate Procedure 9.315(a).

Affirmed.

2