alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Third District Court of Appeal

State of Florida

Opinion filed May 24, 2023.

Not final until disposition of timely filed motion for rehearing.

No. 3D23-649

Lower Tribunal No. F13-27250

Orlier Suarez Albo,

Appellant,

vs.

The State of Florida,

Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from 

the Circuit Court for Miami-Dade County, Marisa Tinkler Mendez, Judge.

Orlier Suarez Albo, in proper person.

Ashley Moody, Attorney General, for appellee.

Before FERNANDEZ, C.J., and HENDON and GORDO, JJ. 

PER CURIAM.
2

Affirmed. See Persaud v. State, 838 So. 2d 529, 531-32 (Fla. 2003) 

(“[The Florida Supreme Court] does not have jurisdiction to review per curiam 

decisions of the district courts of appeal that merely affirm with citations to 

cases not pending review in [the court.]”); Beaty v. State, 701 So. 2d 856, 857 

(Fla. 1997) (holding that where the District Court of Appeal issues an opinion 

with a citation to a case or cases that are not pending before the Florida 

Supreme Court, the time for filing a rule 3.850 motion begins to run from the 

time that the District Court issues its mandate and is not affected by a petition 

before the Florida Supreme Court seeking discretionary review.).
<PAGE>

EXHIBIT 99.1

--------------------------------------------------------------------------------
                  Certification of the Chief Executive Officer
                           Pursuant to 18 U.S.C. 1350,
                             As Adopted Pursuant to
                  Section 906 of the Sarbanes-Oxley Act of 2002


         In connection with the Quarterly Report of Sulphco, Inc. (the
"Company") on Form 10-QSB for the period ended September 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Rudolph W. Gunnerman, Chief Executive 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:

         1) The Report fully complies with the requirements of Section 13(a) or
         15(d) of the Securities Exchange Act (15 U.S.C. 78m or 78o (d)); and

         2) The information contained in the Report fairly presents, in all
         material aspects, the financial condition and results of operations of
         the Company.

Dated: November 15, 2002.                          /s/ Rudolph W. Gunnerman
                                                   --------------------------
                                                   By: Rudolph W. Gunnerman
                                                   Its: Chief Executive Officer
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3089 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3089

To extend the temporary suspension of duty on staple fibers of viscose 
    rayon, not carded, combed, or otherwise processed for spinning, 
    measuring 1.67 to 16.67 decitex and having a fiber length each 
              measuring 20 mm or more but not over 150 mm.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2012

  Mrs. Hagan 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 staple fibers of viscose 
    rayon, not carded, combed, or otherwise processed for spinning, 
    measuring 1.67 to 16.67 decitex and having a fiber length each 
              measuring 20 mm or more but not over 150 mm.

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

SECTION 1. STAPLE FIBERS OF VISCOSE RAYON, NOT CARDED, COMBED, OR 
              OTHERWISE PROCESSED FOR SPINNING, MEASURING 1.67 TO 16.67 
              DECITEX AND HAVING A FIBER LENGTH EACH MEASURING 20 MM OR 
              MORE BUT NOT OVER 150 MM.

    (a) In General.--Heading 9902.23.33 of the Harmonized Tariff 
Schedule of the United States (relating to staple fibers of viscose 
rayon, not carded, combed, or otherwise processed for spinning, 
measuring 1.67 to 16.67 decitex and having a fiber length each 
measuring 20 mm or more but not over 150 mm) 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>
```
EXHIBIT
 32



CERTIFICATION
 OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER 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 report on Form 10-Q ofAsia8,
 Inc. for the quarterly period endedSeptember
 30, 2008 as filed with the Securities and Exchange Commission on the date hereof, I,
 Eric Montandon, do hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of
 2002, that, to the best of my knowledge and belief:



| | (1) | This 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 this report fairly represents, in all material respects, the financial condition of the small business issuer at the end of the period covered by this report and results of operations of the small business issuer for the period covered by this report.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date:November
 14, 2008

/s/
 Eric Montandon

Eric
 Montandon

Chief
Executive Officer and Chief Financial Officer



This
 certification accompanies this report pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent
 required by the Sarbanes-Oxley Act of 2002, be deemed filed by the small business issuer for the purposes of §18 of the
 Securities Exchange Act of 1934, as amended. This certification shall not be incorporated by reference into any filing under the
 Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of this
 report), irrespective of any general incorporation language contained in such filing. A signed original of this written
 statement required by §906 has been provided to the small business issuer and will be retained by the small business issuer and
 furnished to the Securities and Exchange Commission or its staff upon request.



30
# Official Journal L 55/2019

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 55 |
| | |
| English edition | Legislation | Volume 6225 February 2019 |

ISSN 1977-0677

Official Journal

of the European Union

L 55

English edition

Legislation

Volume 6225 February 2019

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Delegated Regulation (EU) 2019/320 of 12 December 2018 supplementing of Directive 2014/53/EU of the European Parliament and of the Council with regard to the application of the essential requirements referred to in Article 3(3)(g) of that Directive in order to ensure caller location in emergency communications from mobile devices | 1 |
| | * | Commission Implementing Regulation (EU) 2019/321 of 18 February 2019 concerning the classification of certain goods in the Combined Nomenclature and repealing Implementing Regulation (EU) 2017/1232 | 4 |
| | | DECISIONS |
| | * | Decision (EU) 2019/322 of the European Central Bank of 31 January 2019 on delegation of the power to adopt decisions regarding supervisory powers granted under national law (ECB/2019/4) | 7 |
| | * | Decision (EU) 2019/323 of the European Central Bank of 12 February 2019 nominating heads of work units to adopt delegated decisions regarding supervisory powers granted under national law (ECB/2019/5) | 16 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Delegated Regulation (EU) 2019/320 of 12 December 2018 supplementing of Directive 2014/53/EU of the European Parliament and of the Council with regard to the application of the essential requirements referred to in Article 3(3)(g) of that Directive in order to ensure caller location in emergency communications from mobile devices

1

*

Commission Implementing Regulation (EU) 2019/321 of 18 February 2019 concerning the classification of certain goods in the Combined Nomenclature and repealing Implementing Regulation (EU) 2017/1232

4

DECISIONS

*

Decision (EU) 2019/322 of the European Central Bank of 31 January 2019 on delegation of the power to adopt decisions regarding supervisory powers granted under national law (ECB/2019/4)

7

*

Decision (EU) 2019/323 of the European Central Bank of 12 February 2019 nominating heads of work units to adopt delegated decisions regarding supervisory powers granted under national law (ECB/2019/5)

16

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
**EXHIBIT
      31.1**





Certifications





I,
      Su,
      Jie, Chief Executive Officer of GFR Pharmaceuticals, Inc. certify
      that:





1.
      I have
      reviewed this quarterly report on Form 10-QSB of GFR Pharmaceuticals,
      Inc.





2.
      Based
      on my knowledge, the 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 consolidated financial statements, and other financial
      information included in this quarterly report, fairly present in all material
      respects our consolidated financial condition, results of operations and cash
      flows as of, and for, the periods presented in this quarterly report;





4.
      Our
      other certifying officers and I am responsible for establishing and maintaining
      disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(c)
      and 15d-(e)) for us and have:





a) Designed
      such disclosure controls and procedures, or caused such disclosure controls
      and
      procedures to be designed under our supervision, to ensure that material
      information relating to us, including its consolidates subsidiaries, is made
      known to us by others within those entities, particularly during the period
      in
      which this report is being prepared;





b) Evaluated
      the effectiveness of our disclosure controls and procedures, and presented
      in
      this report our conclusions about the effectiveness of the disclosure controls
      and procedures, as of the end of the period covered by this report based on
      such
      evaluation; and





c) Disclosed
      in this report any change in our internal control over financial reporting
      that
      occurred during our most recent fiscal period that has materially affected,
      or
      is reasonably likely to materially affect, our internal control over financial
      reporting; and





5.
      Our
      other certifying officers and I have disclosed, based on our most recent
      evaluation, to our auditors and the audit committee of our 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 our ability to record, process, summarize and report
      financial data and have identified for our auditors any material weaknesses
      in
      internal controls (all of which do not apply); and





b)
      any
      fraud, whether or not material, that involves management or other employees
      who
      have a significant role in our internal controls, (all of which do not apply);
      and





Date:
      May
      20, 2007








/s/
      Su, Jie


Su,
      Jie
ex10-7.htm


 


 

















 


 


John M. Zilliken


 


Executive Vice President, Chief Operating Officer Las Vegas Railway Express, Inc.


 


October 24, 2011


 


Michael A. Barron, President and CEO


 


Board of Directors, Las Vegas Railway Express, Inc.


 


It is with great regret and a heavy heart to inform you that I am resigning my position as Executive Vice President and Chief Operating Officer as of October 28, 2011 in order to pursue another opportunity.


 


From the very beginning of our founding, I am confident that I fulfilled the various positions within the Company to the best of my abilities and every effort was made to fulfill my responsibilities with our shareholders' interests specifically in mind.


 


 


Yours most sincerely,

















/s/ John M. Zilliken


John M. Zilliken






















6650 Via Austi Parkway – Suite 170 – Las Vegas, NV 89119
II 

112TH CONGRESS 

2D SESSION S. 3106 

To extend the temporary suspension of duty on Reactive Black 5. 

IN THE SENATE OF THE UNITED STATES 

MAY 10, 2012 

Mrs. HAGAN 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 Reactive 

Black 5. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REACTIVE BLACK 5. 

4 (a) IN GENERAL.—Heading 9902.24.91 of the Har5 monized Tariff Schedule of the United States (relating to 

6 Reactive Black 5) is amended by striking the date in the 

7 effective period column and inserting ‘‘12/31/2015’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 


srobinson on DSK4SPTVN1PROD with BILLS
2 

•S 3106 IS

1 warehouse for consumption, on or after the 15th day after 

2 the date of the enactment of this Act. 

Æ 


srobinson on DSK4SPTVN1PROD with BILLS
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03
- 21
- 00198
- CR

Ex parte Gary Griffin

FROM THE 22ND DISTRICT COURT OF HAYS COUNTY NO. CR
- 14
- 0432
- A
- WHC2 , THE HONORABLE R. BRUCE BOYER , JUDGE PRESIDING

O R D E R A N D M E M O R A N D U M O P I N I O N

PER CURIAM Appell ant Gary Griffin appeal s from the trial court ’ s ord er denying his applica tion for writ of habeas corpus. See Tex. Code Cr im. Proc. art. 11.072 , § 8. The clerk ’ s record was ori ginally due to be filed in this case on June 4, 202 1

. As of the date of this order, the record has not been filed. The trial and appellate courts a re join tly respo nsible for ensuring tha t the appellate record is timely filed. See Tex. R. App. P. 35.3 (c)

. It is the dut y of the trial cou rt clerk
to prepare, ce rti fy, and ti mely file the clerk ’ s record in a cr iminal case i f a noti ce of appeal has been filed , and the trial court has certified the defend ant ’ s right of appeal. S ee i d

. 35.3(a) ; s ee also id

. 2 5.2(a) ( obligating trial court to e nter certif ication of defendant ’ s right of appeal “each time it enters a judgment of guilt or other appealable order ”) , (d) (requiring record to include trial
court ’ s certification ) , 34.5(a)(12) (same) ; Ex parte Gutierrez , No. 03

- 17

- 00644

- CR , 2017 WL
52475 16 , at *2 ( Tex. App.

— Austin Nov. 7, 2017, no pet.) (mem. op., not designated for2 publication) (specifying that “ [a]n order denying habeas corpus relief under Article 11.072 is an appealable order ” ). Accord ingly , we abate this appeal and remand the case to the tr ia l court to allo w for the filing of the clerk ’ s record, including a cer tification of Griffin ’ s right of appeal

. See Tex. R. App. P. 25.2(a)(2) , ( d) , 37.3 (a)(2) (requiring appellate court , if the clerk ’ s record has no t been filed, to “ make whatever order is appropriate to avoid further de lay and to preserve the parties ’ right s ” ). The tr ial court is instructed to f ile the record no late r than July 29, 2022.
It is ordered on July 22, 2022

.

Before Chief Jus tice Byrne, Justices Triana, Smith Abated and Rema nded Filed: July 22, 2022 Do Not Publish
Exhibit 10.40


 


February 8, 2008


 


Mr. Carl
Pelzel


 


Dear
Carl:


 


I
refer you to the employment offer letter between you and Depomed, Inc.
dated as of August 24, 2007 (the “Offer Letter”).


 


This
letter is to confirm our agreement that: 
(a) the option to purchase 62,500 shares required to be issued to
you under the Offer Letter not later than March 31, 2008 at an exercise
price equal to $1.98 was granted to you on January 25, 2008, with an
exercise price equal to $3.60 per share; and (b) to compensate you for the
incremental increase in the exercise price of that stock option, the Company
will issue you a 30,000 share fully vested stock award under the Company’s 2004
Equity Incentive Plan (the “2004 Plan”) on the earlier to occur of (i) January 9,
2009; and (ii) immediately prior to the occurrence of an event of “Change in Control”, as so determined by
the Company’s Board of Directors pursuant to Section 10.4 of the Company’s
2004 Equity Incentive Plan.


 


Except
as modified by this letter, all other provisions of the Offer Letter remain in
effect.


 


Please
countersign where indicated below to indicate that the foregoing correctly sets
forth our agreement


 


On
behalf of the


Board
of Directors,


 


	
  /s/
  Craig R. Smith, M.D.

  	
   

  
	
   

  
	
  Craig
  R. Smith, M.D.

  
	
  Chairman
  of the Board of Directors

  



 


	
   

  	
  Acknowledged
  and Agreed:

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  /s/
  Carl A. Pelzel

  
	
   

  	
  Carl
  A. Pelzel

  
	
   

  	
   

  
	
   

  	
  Date:
  February 19, 2008
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

APRIL E. DIGGS, 

Plaintiff-Appellant, 

 v. 

GREENPOINT MORTGAGE FUNDING 

INC., Its Successors and/or Assigns, 

Defendant-Appellee.

No. 16-55709 

D.C. No. 5:15-cv-02583-AG-KK 

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Andrew J. Guilford, District Judge, Presiding

Submitted May 24, 2017**

Before: THOMAS, Chief Judge, and SILVERMAN and RAWLINSON, 

Circuit Judges. 

April E. Diggs appeals pro se from the district court’s order denying her 

motion to vacate the judgment in her action alleging violations of the Truth in 

Lending Act (“TILA”) and state law. We have jurisdiction under 28 U.S.C. 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JUN 6 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 16-55709 

§ 1291. We review de novo a district court’s order denying a motion to vacate 

judgment under Fed. R. Civ. P. 60(b)(4). Fid. Nat. Fin., Inc. v. Friedman, 803 

F.3d 999, 1001 (9th Cir. 2015). We affirm.

The district court properly denied Diggs’s motion to vacate the judgment 

under Rule 60(b)(4) because Diggs failed to establish that the judgment was void. 

See United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260, 270-71 (2010) 

(explaining that a judgment is not void “simply because it is or may have been 

erroneous,” rather, “Rule 60(b)(4) applies only in the rare instance where a 

judgment is premised either on a certain type of jurisdictional error or on a 

violation of due process that deprives a party of notice or the opportunity to be 

heard” (citations omitted)).

We do not consider arguments and allegations raised for the first time on 

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.
CERTIFICATION
OF CHIEF EXECUTIVE OFFICER AND
 CHIEF
FINANCIAL OFFICER
 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 accompanying Quarterly Report on Form 10-QSB of
Planet411.com Inc., for the quarter ended September 30, 2004, I, Victor Cantore,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, to my knowledge, that:
  (1)
    the
      Quarterly Report on Form 10-QSB of Planet411.com Inc. for the quarter
      ended September 30, 2004 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 Quarterly Report on Form 10-QSB for the
      quarter ended September 30, 2004, fairly presents in all material
      respects, the financial condition and results of operations of
      Planet411.com Inc.
  By:
 
 
 /s/ Victor
Cantore
 Name:          Victor
Cantore
 Title:            
Principal and Chief Executive and
 Financial Officer, President and
 Director
 
 
 Date:              March
8, 2005
exhibit 23

G. BRAD BECKSTEAD
Certified Public Accountant
                                              330 E. Warm Springs
                                              Las Vegas, NV 89119
                                                     702.528.1984
                                               702.362.0540 (fax)





July 11, 2002


To Whom It May Concern:

I  have issued my report dated January 17, 2002, accompanying the
financial statements of FreePCSQuote.com, Inc. on Form 10-KSB for
the period of February 18, 1999 (inception date) through December
31, 2001.  I hereby consent to the incorporation by reference  of
said  report  in the Annual Report of FreePCSQuote.com,  Inc.  on
Form 10-KSB (File No. 000-26293).

Signed,

/s/ Brad Beckstead

G. Brad Beckstead, CPA