alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Thomas M. OVERTON, Appellant, v. STATE of Florida, Appellee.

No. SC17-1435

Supreme Court of Florida.

[February 2, 2018]

Neal Dupree, Capital Collateral Regional Counsel, Marie-Louise Samuels Parmer, Special Assistant Capital Collateral Regional Counsel, and Scott Gavin, Assistant Capital Collateral Regional Counsel, Southern Region, Fort Lauderdale, Florida, for Appellant

Pamela Jo Bondi, Attorney General, Tallahassee, Florida, and Ilana Mitzner, Assistant Attorney General, West Palm Beach, Florida, for Appellee

PER CURIAM.

*239We have for review Thomas M. Overton's appeal of the circuit court's order denying Overton's motion filed pursuant to Florida Rule of Criminal Procedure 3.851. This Court has jurisdiction. *See* art. V, § 3(b)(1), Fla. Const.

Overton's motion sought relief pursuant to the United States Supreme Court's decision in *Hurst v. Florida*, --- U.S. ----, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016), and our decision on remand in *Hurst v. State* (*Hurst* ), 202 So.3d 40 (Fla. 2016), *cert. denied*, --- U.S. ----, 137 S.Ct. 2161, 198 L.Ed.2d 246 (2017). This Court stayed Overton's appeal pending the disposition of *Hitchcock v. State*, 226 So.3d 216 (Fla. 2017), *cert. denied*, --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017). After this Court decided *Hitchcock*, Overton responded to this Court's order to show cause arguing why *Hitchcock* should not be dispositive in this case.

After reviewing Overton's response to the order to show cause, as well as the State's arguments in reply, we conclude that Overton is not entitled to relief. After a jury convicted Overton of two counts of first degree murder, he was sentenced to death on both counts following a jury's recommendation for death by a vote of nine to three on one count and a vote of eight to four on another count. *Overton v. State*, 801 So.2d 877, 888-89 (Fla. 2001). Overton's sentences of death became final in 2002. *Overton v. Florida*, 535 U.S. 1062, 122 S.Ct. 1929, 152 L.Ed.2d 835 (2002). Thus, *Hurst* does not apply retroactively to Overton's sentences of death. *See**Hitchcock*, 226 So.3d at 217. Accordingly, we affirm the denial of Overton's motion.

The Court having carefully considered all arguments raised by Overton, we caution that any rehearing motion containing reargument will be stricken. It is so ordered.

LABARGA, C.J., and QUINCE, POLSTON, and LAWSON, JJ., concur.

PARIENTE, J., concurs in result with an opinion.

LEWIS and CANADY, JJ., concur in result.

PARIENTE, J., concurring in result.

I concur in result because I recognize that this Court's opinion in *Hitchcock v. State*, 226 So.3d 216 (Fla. 2017), *cert. denied*, --- U.S. ----, 138 S.Ct. 513, 199 L.Ed.2d 396 (2017), is now final. However, I continue to adhere to the views expressed in my dissenting opinion in *Hitchcock*.
Lensky M. JEANBART, Appellant, v. STATE of Florida, Appellee.

No. 4D16-2521

District Court of Appeal of Florida, Fourth District.

[November 9, 2017]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
CERTIFICATION

      I, Stephan V. Benediktson, certify that:

      1. I have reviewed this First Amendment to Quarterly Report on Form 10-QSB
of Daleco Resources Corporation for the period ending March 31, 2005 ("quarterly
report").

      2. Based on my knowledge, this First Amendment quarterly report does not
contain any untrue statement of a material fact or omit to state a material fact
necessary to make the statements made, in light of the circumstances under which
such statements were made, not misleading with respect to the period covered by
this quarterly report;

      3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

      4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

            (a) designed such disclosure controls and procedures to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this quarterly report is being prepared;

            (b) evaluated the effectiveness of the registrant's disclosure
controls and procedures as of a date within 90 days prior to the filing date of
this quarterly report (the "Evaluation Date"); and

            (c) presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures based on our evaluation
as of the Evaluation Date;

      5. The registrant's other certifying officers and I have disclosed, based
on our most recent evaluation, to the registrant's auditors and the audit
committee of registrant's board of directors (or persons performing the
equivalent functions):

            (a) all significant deficiencies in the design or operation of
internal controls which could adversely affect the registrant's ability to
record, process, summarize and report financial data and have identified for the
registrant's auditors any material weakness in internal controls; and

            (b) any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal
controls; and

      6. The registrant's other certifying officers and I have indicated in this
quarterly report whether there were significant changes in internal controls or
in other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.


Date December 16, 2005             /s/ Stephan V. Benediktson
                                   ---------------------------
                                   Stephan V. Benediktson
                                   Chief Executive Officer
Iris Monroe DIXON, Appellant, v. WELLS FARGO BANK, N.A., as Trustee FOR SOUNDVIEW HOME LOAN TRUST 2007-OPT3, ASSET-BACKED CERTIFICATES, SERIES 2007-OPT3, Appellee.

No. 4D15-4872

District Court of Appeal of Florida, Fourth District.

[January 11, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit 32.2

CERTIFICATION OF PERIODIC REPORT

I, Robert Klein, Secretary, Treasurer, and the Chief Financial Officer of Avalon
Gold Corporation, a Nevada Corporation (the "Company"), 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, 2004 (the "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 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.

Dated: May 21, 2004

/s/ Robert Klein
------------------
Robert Klein

Secretary, Treasurer and Chief Financial Officer
Exhibit 32.2
 
 
 CERTIFICATE 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 (the “Report”) on the Form 10-K of Buka Ventures Inc. (the “Company”) for the year ended October 31, 2010, as filed with the Securities and Exchange Commission on the date hereof, I, Ranjana Bharat, Chief Accounting Officer, Chief Financial Officer and Director, 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 and Exchange Act of 1934, as amended; and
 
 2.    The information contained in this Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
 
 
 Date:  March 8, 2011
 RANJANA BHARAT
 Ranjana Bharat
 Chief Accounting Officer,
 Chief Financial Officer and Director
 
 
 
 -1-
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.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         January 4, 2018.                    

# FOR FURTHER INFORMATION CONTACT:

Elizabeth A. Reed, 202-268-3179.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on December 28, 2017, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Contract 417 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2018-112, CP2018-154.                

Elizabeth A. Reed,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2017-28449 Filed 1-3-18; 8:45 am]

 BILLING CODE 7710-12-P
### THE THIRTEENTH COURT OF APPEALS

13

- 15

- 00451

- CR

Edward Salcedo v. The State of Texas
On Appeal from the 28th District Court of Nueces County , Texas Trial Cause No. 07

- CR

- 2335

- A

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause on appeal, concludes the appeal should be DISMISSED

. The Court orders the appeal
DISMISSED in accordance with its opinion

. We further order this decision certified below for observance. November 19, 2015
Supplemental Indenture - Senior Floating Rate Notes



 Exhibit 10.7 
 QUALITY DISTRIBUTION, LLC 
 and 
 QD CAPITAL CORPORATION 
 as Issuers, 
 the GUARANTORS named in the Indenture (as defined herein), 
 BOASSO AMERICA CORPORATION

 as Guarantor 
 and 

THE BANK OF NEW YORK TRUST COMPANY, N.A., 
 as Trustee 
  

 SUPPLEMENTAL INDENTURE 
  

 Dated as of December 18, 2007 
 Senior Floating Rate Notes due 2012 







 THIS SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), entered into as of
December 18, 2007, among QUALITY DISTRIBUTION, LLC, a Delaware limited liability company (the “Company”) and QD CAPITAL CORPORATION, a Delaware corporation (“QD Capital” and together with the Company, the
“Issuers”), BOASSO AMERICA CORPORATION (the “Undersigned”) and THE BANK OF NEW YORK TRUST COMPANY, N.A., as trustee (the “Trustee”). 
 RECITALS 
 WHEREAS, the Company, the Guarantors party thereto and the Trustee
entered into the Indenture, dated as of January 28, 2005 (the “Indenture”), relating to the Company’s Senior Floating Rate Notes due 2012 (the “Notes”); 
 WHEREAS, as a condition to the Trustee entering into the Indenture and the purchase of the Notes by the Holders, the Company agreed pursuant to the
Indenture to cause any newly acquired Domestic Restricted Subsidiaries to provide Guaranties in certain circumstances. 
 AGREEMENT 

 NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained and intending to be legally bound, the parties to
this Supplemental Indenture hereby agree as follows: 
 Section 1. Capitalized terms used herein and not otherwise defined herein are
used as defined in the Indenture. 
 Section 2. The Undersigned, by its execution of this Supplemental Indenture, agrees to be a
Guarantor under the Indenture and to be bound by the terms of the Indenture applicable to Guarantors, including, but not limited to, Article Ten thereof. 
 Section 3. This Supplemental Indenture shall be governed by and construed in accordance with the laws of the State of New York. 
 Section 4. This Supplemental Indenture may be signed in various counterparts which together will constitute one and the same instrument. 
 Section 5. This Supplemental Indenture is an amendment supplemental to the Indenture and the Indenture and this Supplemental Indenture will
henceforth be read together. 
  

 1 








 IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Indenture to be duly executed as of
the date first above written. 
  

			
	 QUALITY DISTRIBUTION, LLC, as Issuer

		
	By:	 	 /s/ TIMOTHY B. PAGE

	Name:	 	Timothy B. Page
	Title:	 	Senior Vice President and Chief Financial Officer
	
	 QD CAPITAL CORPORATION, as Issuer

		
	By:	 	 /S/ TIMOTHY B. PAGE

	Name:	 	Timothy B. Page
	Title:	 	Senior Vice President and Chief Financial Officer
	
	 BOASSO AMERICA CORPORATION, as Guarantor

		
	By:	 	 /S/ TIMOTHY B. PAGE

	Name:	 	Timothy B. Page
	Title:	 	Senior Vice President
	
	 THE BANK OF NEW YORK TRUST COMPANY, N.A., as Trustee

		
	By:	 	 /s/ CHRISTIE LEPPERT

	Name:	 	Christie Leppert
	Title:	 	Assistant Vice President


  

 2
T. B., a Child, Petitioner, v. DEPARTMENT OF JUVENILE JUSTICE, Respondent.

CASE NO. 1D17-3879

District Court of Appeal of Florida, First District.

Opinion filed October 19, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Writ of habeas corpus is denied.
Rocco A. MIGLIAZZO, Appellant/Petitioner(s), v. WELLS FARGO BANK, N.A., Appellee/Respondent(s).

CASE NO.: 2D17-1352

District Court of Appeal of Florida, Second District.

June 15, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Granted. Dismissed.
Demarco WOLFE v. STATE of Mississippi

2016-CT-00401-COA

Supreme Court of Mississippi.

Filed: December 12, 2017 Closed: February 8, 2018

Motion Desc: Petition for Writ of Certiorari.

Certiorari - Denied.
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

February 27, 2006 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 127549(32) Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, FARM BUREAU GENERAL INSURANCE Justices 

COMPANY, Subrogee of JAMIE and LAURA 

GYOMORY, 

Plaintiff-Appellee, 

v SC: 127549 

 COA: 248576 

Sanilac CC: 02-028555-NZ 

DETROIT EDISON COMPANY,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the motion for reconsideration of this Court's order of July 

26, 2005 is considered, and it is DENIED, because it does not appear that the order was 

entered erroneously. 

d0221 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

February 27, 2006 

Clerk
[No. 22143-1-III.

Division Three.

April 15, 2004.]

#### Randal L. Phibbs, et al., *Respondents,*v. Robert O’Dell, et al., *Appellants,*Nicholas Petrilli, et al., *Respondents.*

Appeal from a judgment of the Superior Court for Spokane County, No. 02-2-05771-8, Jerome J. Leveque, J., entered May 8, 2003. *Affirmed*by unpublished opinion per Schultheis, J., concurred in by Kato, C.J., and Kurtz, J.
From: <Alicea.Jezebele@epamail.epa.gov> To: "Tondo, Rocco" <RTondo@rrienergy.com> Date: 7/20/2010 3:26 PM Subject: Re: RRI Energy Niles Power Plant Request Attachments: pic32488.gif; US EPA Niles Request.pdf

Greetings,

EPA has reviewed your extension requ est for the steam electric effluent guidelines questionnaire for the RRI Energy's Niles facility. The deadline for your plant to submit Version 2 of the completed questionnaire is extended to October 15, 2010.

If you need assistance during the completion of the steam electric questionnaire, please contact the steam electric helpline via e-mail at steamhelp@erg.com or by phone at 1-877-353-7560.

Sincerely,

(Embedded image moved to file: pic32488.gif)

From: "Tondo, Rocco" <RTondo@rrienergy.com>

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

Cc: "Smith, James R. (Randy)" <JRSmith@rrienergy.com>, "Whelan, Kerry M." <KWhelan@rrienergy.com>, "Frank, Stephen" <SFrank@rrienergy.com>, <DIANE.R.MARTINI@Sargentlundy.com>, "Macey, Francis E" <fmacey@rrienergy.com>, "Cunningham, Allison" <ACunningham@rrienergy.com>, "Greek, Matt E." <MGreek@rrienergy.com>, "Brown, Steven W." <SwBrown@rrienergy.com>, "Senedak, Thomas C." <TCSenedak@rrienergy.com>

Date: 06/30/2010 08:41 AM

Subject: RRI Energy Niles Power Plant Request

Dear Ms. Alicea,

Please see the attached request for a due date extension on the Steam Electric Questionnaire from the RRI Energy Niles power station. If you have any questions please feel free to contact me.Thank you,

Rocky Tondo RRI Energy General Manager Niles Power Plant 1047 Belmont Ave Niles, OH 44446 Office 330-505-4327 Cell 330-301-2788 (See attached file: US EPA Niles Request.pdf)
<PAGE>
                                                                    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, Gregory E. A. Morrison, President and Chief Executive Officer of Platinum
Underwriters Holdings, Ltd., hereby certify to the best of my knowledge and
belief that this Quarterly Report on Form 10-Q 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 that the information contained in this
Quarterly Report on Form 10-Q fairly represents, in all material respects, the
financial condition and results of operations of Platinum Underwriters Holdings,
Ltd.


Date: November 13, 2003              /s/  GREGORY E. A. MORRISON
                                     -------------------------------------
                                     By: Gregory E. A. Morrison
                                     President and Chief Executive Officer
Exhibit 10(c)








CONSENT OF
INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 




We hereby consent to the
incorporation by reference in this Amendment No. 23 to the BlackRock Fundamental Growth
Protected Fund of BlackRock Principal Protected Trust’s Registration Statement on Form
N-1A of our report dated February 22, 2007, except with respect to our opinion on the
Consolidated Financial Statements insofar as it relates to the effects of changes in
segments discussed in Note 20, for which the date is May 23, 2007, relating to the
financial statements, management’s assessment of the effectiveness of internal control
over financial reporting and the effectiveness of internal control over financial
reporting, which appears in Bank of America Corporation’s Current Report on Form 8-K. 





/s/ PriceWaterhouse Coopers LLP 



Charlotte, North Carolina 
December
21, 2007
[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Notices]
[Page 676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00054]


=======================================================================
-----------------------------------------------------------------------

ELECTION ASSISTANCE COMMISSION


Notice of Meeting of the EAC Board of Advisors

AGENCY: U.S. Election Assistance Commission.

ACTION: Notice of public meeting for EAC Board of Advisors.

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

    Date and Time: Monday, January 22, 2018, 8:30 a.m.-5:00 p.m. and 
Tuesday, January 23, 2018, 8:15-11:30 a.m.
    Place: Hyatt Regency Coral Gables, 50 Alhambra Plaza, Coral Gables, 
FL 33134, Phone: (305) 441-1234.
    Purpose: In accordance with the Federal Advisory Committee Act 
(FACA), Public Law 92-463, as amended (5 U.S.C. Appendix 2), the U.S. 
Election Assistance Commission (EAC) Board of Advisors will meet to 
address its responsibilities under the Help America Vote Act of 2002 
(HAVA), to present its views on issues in the administration of Federal 
elections, formulate recommendations to the EAC, and receive updates on 
EAC activities.
    Agenda: The Board of Advisors will receive an overview and updates 
on EAC programs and agency operations. The Board of Advisors will 
receive updates on the Voluntary Voting System Guidelines (VVSG) 2.0 
and on equipment certification. The Board will consider a resolution(s) 
on VVSG recommendations. The Board will hear a panel discussion on 
Election Security.
    The Board of Advisors will conduct committee breakout sessions and 
hear committee reports. The Board of Advisors will elect officers, 
appoint Board of Advisors committee members and chairs, and consider 
other administrative matters.
    Supplementary: Members of the public may submit relevant written 
statements to the Board of Advisors with respect to the meeting no 
later than 5:00 p.m. EDT on Tuesday, January 16, 2018. Statements may 
be sent via email at <a href="/cdn-cgi/l/email-protection#4127202220232e20332532012420226f262e37"><span class="__cf_email__" data-cfemail="680e090b090a07091a0c1b280d090b460f071e">[email protected]</span></a>, via standard mail addressed to 
the U.S. Election Assistance Commission, 1335 East West Highway, Suite 
4300, Silver Spring, MD 20910, or by fax at 301-734-3108.
    This meeting will be open to the public.
    Person To Contact for Information: Bryan Whitener, Telephone: (301) 
563-3961.

Bryan Whitener,
Director, National Clearinghouse on Elections, U.S. Election Assistance 
Commission.
[FR Doc. 2018-00054 Filed 1-4-18; 8:45 am]
 BILLING CODE 6820-KF-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Ronald GUNN, Respondent/Cross-Appellant, v. HOLLEY PERFORMANCE PRODUCTS, INC., Appellant/Cross-Respondent.

No. ED 106744

Missouri Court of Appeals, Eastern District, DIVISION THREE.

Filed: July 16, 2019

FOR APPELLANTS, W. Bevis Schock, 7777 Bonhomme Avenue, Suite 1300, Clayton, Missouri 63105.

FOR RESPONDENT/CROSS-APPELLANT, Jonathan C. Pleban, 2010 South Big Bend Boulevard, St. Louis, Missouri 63117.

Before Sherri B. Sullivan, P.J., James M. Dowd, J., and Robin Ransom, J.

*ORDER*

PER CURIAM

Holley Performance Products, Inc., appeals the judgment entered after a jury trial finding that it was strictly liable for failing to warn of a defect in its product. Ronald Gunn cross-appeals.

We affirm. Because an extended opinion would have no precedential value, the parties have been furnished with a memorandum for their information only, setting *419forth the reasons for this order pursuant to Rule 84.16(b).
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-5041

_____________________________

PAMELA JOYCE WILSON,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Duval County.

Marianne L. Aho, Judge.

August 10, 2018

PER CURIAM.

AFFIRMED.

MAKAR, OSTERHAUS, and JAY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Pamela Joyce Wilson, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Holly N. Simcox, Assistant 

Attorney General, Tallahassee, for Appellee.