alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DISMISS and Opinion Filed June 13, 2023 

# S

In The 

### Court of Appeals Fifth District of Texas at Dallas No. 05-22-01233-CV AKINO BRUMFIELD, Appellant V. LANDCARE USA L.L.C. & NAM BO GUADLUAPE, Appellees On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-11764 MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Smith Opinion by Justice Smith We questioned our jurisdiction over this appeal from the trial court’s summary judgment as the judgment appeared to have been signed outside the trial court’s plenary power, making the judgment void. See Freedom Commc’ns, Inc. v. Coronado , 372 S.W.3d 621, 623 (Tex. 2012) (per curiam) (appellate courts lack jurisdiction to address merits of appeal from void judgment); Pipes v. Hemingway , 358 S.W.3d 438, 445 (Tex. A pp.—Dallas 2012, no pet.) ( action taken by trial court outside plenary power is void). As refl ected in the clerk’s record, the underlying cause was initially dismissed for want of prosecution on Oc tober 11, 2021. A motion–2– to reinstate was timely filed, and the motion was granted on December 6, 2021. See
T EX
. R. C IV
. P. 165a3 (providing that motion to reinst ate must be filed within thirty days of dismissal order). The trial cour t then signed the appealed summary judgment on October 14, 2022. Although a timely filed motion to reinst ate extends a trial court’s plenary power over a case to seventy -five days from the date of judgment, the motion must be verified. See id. ; McConnell v. May , 800 S.W.2d 194, 194 (Tex. 1990) (orig. proceeding) (per curiam). The motion he re, however, was unverified, resulting in the trial court’s plenary power over the underlying case expiri ng November 12, 2021 and the appealed summary judgment being void. See T EX
. R. C IV
. P. 4, 329b(d); Pipes , 358 S.W.3d at 445. We informed the parties by letter that when an appeal is taken from a void judgment, we have jurisdic tion only to vacate the judgment and dismiss the appeal.
See In re M.K. , 514 S.W3d at 369, 390 (Tex. App. —Fort Worth 2017, no pet.). Although we gave the partie s an opportunity to show cau se why the appeal should be retained, more than ten days have passed, and the parties have not done so. Accordingly, on the record before us , we vacate the October 2022 summary judgment and dismiss the appeal. See id.

221233F.P05 /Crai g Smith / CRAIG SMITH JUSTICE–3– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT AKINO BRUMFIELD, Appellant
No. 05-22-01233-CV V.
LANDCARE USA L.L.C. & NAMBO GUADALUPE, Appellees On Appeal from the 193rd Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-21-11764. Opinion delivered by Justice Smith, Justices Molberg and Carlyle participating.
In accordance with this Cour t’s opinion of this date, we VACATE the trial court’s October 14, 2022 summary judgment and DISMISS the appeal.
We ORDER that appellees Landcare US A L.L.C. & Nambo Guadalupe recover their costs, if any, of this appeal from appellant Akino Brumfield.
Judgment entered June 13, 2023
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          50,510
<SECURITIES>                                         0
<RECEIVABLES>                                    9,736
<ALLOWANCES>                                     1,527
<INVENTORY>                                          0
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<PP&E>                                         288,612
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<TOTAL-ASSETS>                                  59,098
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<PREFERRED-MANDATORY>                                0
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<OTHER-SE>                                      53,764
<TOTAL-LIABILITY-AND-EQUITY>                    59,098
<SALES>                                              0
<TOTAL-REVENUES>                                18,134
<CGS>                                                0
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<OTHER-EXPENSES>                                14,389
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Centers for Disease Control and Prevention (CDC)/Agency for Toxic Substances and Disease Registry (ATSDR) Comments on the Interagency Science Consultation Draft IRIS Assessment of RDX (dated September 2014)

Date: December 9, 2014

CDC/ATSDR appreciates the opportunity to participate in the EPA’s IRIS Program. We have reviewed and provided comments on the draft Toxicology Review of RDX.

The attached comments were provided by The Division of Toxicology and Human Health Sciences.

**G eneral comments** 
Overall, the toxicology review of RDX appears complete. We are not aware of any additional data. The dose response analysis is well done; however, the details provided in the supplemental information make the discussion difficult to follo w. It would be helpful to recommend adding additional detail in the review, particularly when summarizing the selection of the proposed overall reference dose. It should be noted that ATSDR used the Crouse et al (2006) study and the Sweeney model to deriv e the acute and intermediate

duration minimal risk levels (MRLs).

**Minor comments**

**1. Page XXX Line 14 “Selection of the Proposed Overall Reference Dose”** 
For chronic duration, please note that the ATSDR MRL value is 1 x 10

- 1 mg/kg/day vs the proposed RfD of 9 x 10

- 4 mg/kg/day.

The chronic

- duration MRL was derived based on the NOAEL of 8 mg/kg/day for tremors/convulsions in the 2

- year Levine et al. (1983) study. BMD modeling could not be utilized because the investigators did not report incidence data for t he neurological effects. The Sweeney model was used to predict the peak brain concentrations in the rat and to estimate the HED. The NOAELHED of 4.223 mg/kg/day was divided by anuncertainty factor of 30 (3 for extrapolation from animals to humans and 10 for human variability), resulting in a chronic

- duration oral MRL of 0.1 mg/kg/day.

Please see: http://www.atsdr.cdc.gov/ToxProfiles/tp.asp?id=412&tid=72

**2. Page XXX Line 3 “Other T**  **oxicological Effects”**
The musculoskeletal effects entries are missing from Tables 1

- 14 and 1

- 15. The entries consisted of five or six case studies and a few animal studies which were negative. Please consider if these entries should be included.

For que stions pertaining to CDC/ATSDR’s comments please contact Michele Howard at (770) 488

- 3989 or mhoward@cdc.gov
Exhibit 10.1

 

	
Sonus   Networks, Inc.
    
	
4   Technology Park Drive
    
	
Westford,   MA 01886
    


 

October 25, 2011

 

Mr. Maurice Castonguay

<By Electronic Delivery>

 

Dear Moe:

 

This letter confirms a correction to your employment letter dated August 24, 2011 (your “Employment Letter”).  Terms not defined herein shall have the same meanings given to them in the Employment Letter.

 

Paragraph 3(d)(ii)(A) of the Employment Letter shall be deleted and replaced in its entirety with the following:

 

“the Company must achieve certain performance metrics between January 1, 2012 and December 31, 2012 (the “Performance Period”); and”

 

Except as expressly modified hereby, the terms of the Employment Letter shall remain in full force and effect.

 

Please confirm your acceptance by signing below.

 

 

	
Very   truly yours,
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
/s/   Ray Dolan
    	
 
    	
 
    
	
Ray   Dolan
    	
 
    	
 
    
	
Chief   Executive Officer
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
Accepted   by:
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
/s/   Maurice Castonguay
    	
 
    	
10/25/11
    
	
Maurice   Castonguay
    	
 
    	
Date
**EXHIBIT      32.1**

**CERTIFICATION      OF PRINCIPAL EXECUTIVE OFFICER**

**PURSUANT      TO 18 U.S.C. SECTION 1350**

| (1) | such                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 such Report fairly presents, in all material                respects, the financial condition and results of operations of Bridge                Capital Holdings. |
|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:                March 6, 2008 |   | /s/                Daniel P. Myers    |  |
|------------------------------------|--------|--------------------------------------------|--|
|                               |   | Daniel                P. Myers             |
|                               |   | President                                  |
|                               |   | Chief                Executive Officer     |
|                               |   | (Principal              Executive Officer) |

----
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Kevin Bauer, certify,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Exar Corporation on Form 10-Q for the period ended September 26, 2010 fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and that the information contained in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of
operations of Exar Corporation.

Date: November 4, 2010



|                                            
|--------------------------------------------
|/s/    Kevin Bauer                          
|Kevin Bauer                                 
|Vice President and Chief Financial Officer  
|(Principal Financial and Accounting Officer)
v237484_ex10-9 -- Converted by SECPublisher 2.1.1.8, created by BCL Technologies Inc., for SEC Filing
| (1) | such 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 such Report fairly presents, in all material respects, the financial condition and results of operations of Bridge Capital Holdings. |
|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date: March 7, 2011 | /s/ Daniel P. Myers           |   |
|---------------------|-------------------------------|--------|
|                | Daniel P. Myers               |   |
|                | President                     |   |
|                | Chief Executive Officer       |   |
|                | (Principal Executive Officer) |   |

----
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2709 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2709

  To extend the temporary suspension of duty on Bayderm Bottom DLV-N.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2012

   Mr. Casey introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To extend the temporary suspension of duty on Bayderm Bottom DLV-N.

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

SECTION 1. BAYDERM BOTTOM DLV-N.

    (a) In General.--Heading 9902.22.19 of the Harmonized Tariff 
Schedule of the United States (relating to aqueous polyurethane 
dispersions containing 38 percent to 42 percent solids content of 
propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-,polymer with 2-
[(2-aminoethyl)amino]ethanesulfonic acid monosodium salt, 1,6-
diisocyanatohexane, dimethyl carbonate, 1,2-ethanediamine, 1,6-
hexanediol, hydrazine, and a- hydro-v-hydroxypoly[oxy(methyl-1,2-
ethanediyl)], polyethylene-polypropylene glycol monobutyl ether 
blocked) is amended by striking the date in the effective period column 
and inserting ``12/31/2015''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
<PAGE>
                                                                    Exhibit 99.2


                                CERTIFICATION OF
                           PRINCIPAL FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350


            In connection with the Quarterly Report of QNB Corp. (the "Company")
on Form 10-Q for the period ending June 30, 2002, as filed with the Securities
and Exchange Commission (the "Report"), I, Bret H. Krevolin, Chief Accounting
Officer, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

      1.    The 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 as of the dates and for the periods expressed in the
            Report.



                                                  /s/ Bret H. Krevolin
                                                  -----------------------------
                                                  Chief Accounting Officer

 Date:   August 13, 2002
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 Quarterly Report of Sierra Health Services, Inc. (the Company) on Form 10-Q for the period endingJune 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Paul H. Palmer, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that: 

The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and 

The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
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, Vicente B. Wright, in my capacity as the President and ChiefExecutive Officer of California Steel Industries, Inc., for purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, hereby certify that: 

the quarterly report on Form 10-Q for the six month period ending June 30, 2003, filed by California Steel Industries, Inc., on August 11, 2003, fully complies with the requirements of Section 13(a) or Section 15(d) ofthe Securities Exchange Act of 1934; and the information contained in such quarterly report fairly presents, in all material respects, the financial condition and results of operation of California Steel Industries, Inc. 

 

| Dated:    August 12, 2003 |   |      |
|-----------------------------------------------|--------|-----------|
|                                               |   | By:  | /s/ VICENTE B. WRIGHT |
|                                          |   |      |  |
|                                          |   |      | **Vicente** **B.** **Wright,****Chief** **Executive** **Officer** **and** **President** |
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2815 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2815

    To extend the temporary suspension of duty on certain untwisted 
                            filament yarns.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2012

   Mr. Kerry introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
    To extend the temporary suspension of duty on certain untwisted 
                            filament yarns.

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

SECTION 1. CERTAIN UNTWISTED FILAMENT YARNS.

    (a) In General.--Heading 9902.01.91 of the Harmonized Tariff 
Schedule of the United States (relating to certain untwisted filament 
yarns) is amended by striking the date in the effective period column 
and inserting ``12/31/2015''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2681 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2681

 To suspend temporarily the duty on mixtures containing fluopyram and 
                         application adjuvants.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2012

   Mr. Casey introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To suspend temporarily the duty on mixtures containing fluopyram and 
                         application adjuvants.

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

SECTION 1. MIXTURES CONTAINING FLUOPYRAM AND APPLICATION ADJUVANTS.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00        Mixtures            Free            No change      No change      On or before     ''.
                          containing N-{2-                                                  12/31/2015
                          [3-chloro-5-
                          (trifluoromethyl)-
                          2-
                          pyridinyl]ethyl}-
                          a,a,a-trifluoro-o-
                          toluamide
                          (fluopyram) (CAS
                          No. 658066-35-4)
                          and application
                          adjuvants
                          (provided for in
                          subheading
                          3808.91.50)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
----

            COMMISSION REGULATION (EC) No 1452/2005

of 6 September 2005         

amending Annex I to Council Regulation (EC) No 234/2004 concerning certain restrictive measures in respect of Liberia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 234/2004 of 10 February 2004 concerning certain restrictive measures in respect of Liberia and repealing Regulation (EC) No 1030/2003 (1), and in particular Article 9(a) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 234/2004 is hereby amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 September 2005.

For the Commission

Eneko LANDÁBURU            

Director-General of External Relations

----

(1)OJ L 40, 12.2.2004, p. 1. Regulation as last amended by Commission Regulation (EC) No 1489/2004 (OJ L 273, 21.8.2004, p. 16).

----

ANNEX

Annex I to Regulation (EC) No 234/2004 is amended as follows:

----
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2858 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2858

   To suspend temporarily the duty on paraquat dichloride and inerts.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2012

   Mr. Pryor introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on paraquat dichloride and inerts.

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

SECTION 1. PARAQUAT DICHLORIDE AND INERTS.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00      Mixtures of         Free         No change        No change        On or before 12/  ''.
                        paraquat                                                           31/2015.......
                        dichloride and
                        inerts (CAS No.
                        1910-42-5)
                        (provided for in
                        subheading
                        3808.93.15)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```