alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Linda M. SANDS, Appellant, v. DEUTSCHE BANK, NATIONAL TRUST COMPANY, Appellee.

Case No. 5D17-1213

District Court of Appeal of Florida, Fifth District.

Opinion filed August 31, 2018

Patrick J. Deese, of Patrick J. Deese, P.A., Melbourne, for Appellant.

David Rosenberg, Cynthia L. Comras, and Jarrett Cooper, of Robertson, Anschutz & Schneid, P.L., Boca Raton, for Appellee.

PER CURIAM.

*360Appellant, Linda Sands, appeals the Final Judgment of Foreclosure entered in favor of Appellee, Deutsche Bank National Trust Company. Appellant alleges that Appellee lacked standing to foreclose and failed to present competent, substantial evidence to support the amount awarded in the Final Judgment. Appellee acknowledges that reversal in part is required because the amount awarded for attorney's fees was not supported by testimony from an attorney regarding the work done in this case. Therefore, we reverse the amount awarded in attorney's fees and remand with instructions to the trial court to conduct an evidentiary hearing to determine the reasonableness of the rate and time claimed. *See**Petrovsky v. HSBC Bank, USA*, 185 So.3d 700, 701 (Fla. 4th DCA 2016) (reversing portion of final judgment awarding attorney's fees where attorney's fees affidavit filed before trial was insufficient to support fee award and trial court failed to hold evidentiary hearing); *Newman v. Newman*, 121 So.3d 661, 662 (Fla. 1st DCA 2013) (reversing award of attorney's fees where court failed to hold hearing and allow appellant opportunity to dispute reasonableness of rate and time claimed). We affirm without discussion the remaining issues on appeal.

AFFIRMED in part, REVERSED in part, and REMANDED with instructions.

SAWAYA, ORFINGER, and WALLIS, JJ., concur.
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Gormas, Michael (Osn 

From: 

Sent: 

To: 

Cherise Lister < nordichouse@live.com > 

Friday, November 14, 2014 2:17PM 

EAS (OSn 

Subject: Essential Air Service To Petersburg Alaska 

Follow Up Flag: 

Flag Status: 

November 14, 2014 

Follow up 

Completed 

Mr. Kevin Schlemmer, Chief, EAS Division 

Office of Aviation Analysis 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Re: Continuation of Alaska Airlines' Essential Air Service at Cordova, Gustavus, Petersburg, Wrangell, and 

Yakutat, Alaska, Docket OST-1998-4899 

Dear Mr. Schlemmer : 

This letter is to express strong support for the selection of Alaska Airlines to continue to provide essential air 

service to our community. 

Alaska's service connects Southeast Alaska passengers to one or more major communities of interest, with 

single-plane service to Anchorage, Juneau, Ketchikan or Seattle. From these hubs, our community can 

access the airline's extensive route system and benefit from its marketing relationships with other carriers. The 

passenger and cargo aircraft, which Alaska Airlines proposes to continue using on this route, provides freight, 

mail and cargo capacity that other carriers simply cannot provide. 

Further, Alaska Airlines aircraft are equipped with Required Navigation Performance Technology, which 

enables the airline to reliably access the airport during inclement weather, thus reducing diversions and 

cancellations and, in turn, enabling people and products to dependably reach the community. 

Simply put, Alaska Airlines' service is critical to the economic well being of our community and ! support their 

application to provide Essential Air Service to Southeast Alaska. 

Sincerely, 

Cherise Lister 

Nordic House Bed and Breakfast, Inc. 

907-772-3620 

1
50 6th Judicial District Court 

Albert M. McCaig, Jr., Judge 

www .Court506.com 

May 5, 2015 

· Court of Criminal Appeals 

P.O. Box 12308 

Capitol Station 

Austin, Texas 78711 

RECEIVED IN 

COURT 0~ ('~tM!M~_I_ ~PPE,A1S 

MAY 07 2015 

Ab@4 Acosta, Clerk 

Re: Writs Number 08-09-12976D through 08-09-12986D 

Criminal Trial Court Number 08-09-12976 

Ex Parte 

William Andrew Allen 

Clerk: 

Court Coordinator 

Susie Schubert 

Court Reporter 

. Robyn S. Wiley 

Grimes County 

Waller County 

836 Austin Street, Suite 307 

Hempstead, Texas 77445 

Fax: 979.826.9149 

Ofc: 979.921.0921 

. I am the trial court judge in the referenced matter. The cases were originally heard by 

the 1551

h Judicial District Court. By Legislative act (Section 24.254, Government Code), 

effective January 1, 2014, the 506th Judicial District Court took over all cases pending in the 

155th Judicial District Court. · 

The Applicant, Mr. William Andrew Allen, has made numerous filings with the trial 

court pertaining to his 11.07 Writ applications, many of which have had to do with his 

contention that the 506th court does not have jurisdiction of his cases. I have personally 

written to inform Mr. Allen of the effect of the change of courts. · 

Mr. Allen's frequent and continuous supplementation and filings has required both 

this court and the Waller County District Clerk, to provide eleven separate supplements to 

the several 11.07 Applications each time Mr. Allen files new allegations. This has become 

labor and resource intensive, consumes valuable time, and, to date, does not appear to have 

_ provided any substantial new information to your court. · 

I am ·requesting the Honorable Texas Court of Criminal Appeals to declare Mr. 

William Andrew Allen a vexatious litigant, and to deny him further access to the courts until 

his current applications for 11.07 relief have been ruled on by your court. 

,AMM/ 

c: Waller County District Clerk 

Mr. William Andrew Allen 

u~~cC Judge, Presiding 

Mr. Elton Mathis, Waller County District Attorney
* Pursuant to 5 TH C IR . R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH CIR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_____________________ No. 98-41421

_____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee,
versus DARYAL EDWARDS, Defendant-Appellant.

_______________________________________________________

Appeal from the United States District Court for the Eastern District of Texas (D.C. No. 6:98-CR-16-1)

_______________________________________________________ May 4, 2000 Before REAVLEY, DAVIS and BARKSDALE, Circuit Judges. PER CURIAM: * This appeal is dismissed for the reason that defendant waived an appeal from the conviction on his plea of guilty. On September 14, 1998 the defendant and his attorney signed a plea agreement that included this paragraph:

With the exception of Sentencing Guidelines determinations, Defendant waives any appeal of error which may occur surrounding substance, procedure, or form of the conviction and sentencing in this case.2

That agreement clearly waives any appeal except for a complaint about the court’s application of the sentencing guidelines, and that is not the complaint of the present appeal. On three occasions during the consolidated plea and sentencing hearing the district judge asked the defendant if he had gone over the plea agreement with his lawyer and understood it all. The defendant answered, directly and without qualification or sign of confusion, that he did understand it all. Nothing more was required to bind defendant to the waiver. United States v. Portillo , 18 F.3d 290, 293 (5th Cir. 1994). DISMISSED.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MELVIN GUSTAVO LOPEZ 

HERNANDEZ, 

Petitioner, 

 v. 

MERRICK B. GARLAND, Attorney 

General, 

Respondent.

No. 20-73559 

Agency No. A203-529-519 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted June 7, 2023**

Seattle, Washington

Before: HAWKINS, CALLAHAN, and BRESS, Circuit Judges.

Melvin Gustavo Lopez Hernandez, a native and citizen of El Salvador, seeks 

review of the decision of the Board of Immigration Appeals (“BIA”) affirming the 

decision of an Immigration Judge (“IJ”) denying his applications for asylum, 

* 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 9 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

withholding of removal, and protection under the Convention Against Torture 

(“CAT”). We have jurisdiction under 8 U.S.C. § 1252(a)(1) and deny the petition 

for review.

Lopez Hernandez contends that the agency violated his right to due process 

by failing to give him adequate time to secure counsel. We review due process 

claims de novo. Vargas-Hernandez v. Gonzales, 497 F.3d 919, 921 (9th Cir. 2007). 

Although “[t]he right to be represented by counsel at one’s own expense is protected 

as an incident of the right to a fair hearing under the Due Process Clause of the Fifth 

Amendment,” Gomez-Velazco v. Sessions, 879 F.3d 989, 993 (9th Cir. 2018), Lopez 

Hernandez has failed to demonstrate that right was violated. 

At his initial appearance before an IJ, Lopez Hernandez indicated he wished 

to have more time to find counsel, and his hearing date was reset for approximately 

one month later. He was also provided a “legal aid list.” Lopez Hernandez’s 

proceedings were then continued multiple times over the next year to afford him 

additional time to find counsel. Lopez Hernandez ultimately appeared pro se at his 

merits hearing and did not request additional time to find counsel. Instead, he 

expressly waived his right to proceed with counsel. See Tawadrus v. Ashcroft, 364 

F.3d 1099, 1103 (9th Cir. 2004). He did not challenge that waiver in his opening 

brief. Nor did he file a reply brief to respond to the government’s assertion that the 

waiver is valid and bars the claims in this petition for review. 
3

Lopez Hernandez was given ample time to find counsel, and he affirmatively 

represented to the IJ at his merits hearing that he wished to proceed pro se and was 

not being forced to do so. Id. (“In order for a waiver to be valid, an IJ must generally: 

(1) inquire specifically as to whether petitioner wishes to continue without a lawyer

. . . and (2) receive a knowing and voluntary affirmative response.” (citations 

omitted)). He has not demonstrated a due process violation. See Gomez-Velazco, 

879 F.3d at 993–95. 

PETITION DENIED.
Maria FERRER, Appellant, v. BAYVIEW LOAN SERVICING, LLC, Appellee.

No. 3D18-368

District Court of Appeal of Florida, Third District.

Opinion filed August 15, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
{2430/000/00540293}

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

In re:

EXCELL AUTO GROUP, INC., Chapter 7

Case No.: 22-12790-EPK

Debtor.

 /

NOTICE OF APPEARANCE

PLEASE TAKE NOTICE that John E. Page, Esquire of Shraiberg Page, P.A., hereby enters

this notice of appearance as counsel for Creditor, Edvard Dessalines, in the above-styled action 

and requests that he receive copies of all pleadings, motions, schedules and notices filed or served 

in this matter.

ATTORNEY CERTIFICATION

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court 

for the Southern District of Florida and I am in compliance with the additional qualifications to

practice in this Court set forth in Local Rule 2090-1(A).

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via 

Notice of Electronic Mail through the Case Management/Electronic Case Filing to those parties 

registered to receive electronic notices of filing in this case on June 6, 2022.

Case 22-12790-EPK Doc 138 Filed 06/06/22 Page 1 of 2
{2430/000/00540293} 2

Respectfully submitted,

SHRAIBERG PAGE, P.A.

Attorneys for Creditor

2385 NW Executive Center Drive, Suite 300

Boca Raton, Florida 33431

Telephone: 561-443-0800

Facsimile: 561-998-0047

Email: jpage@slp.law

By: /s/ John E. Page

John E. Page

Fla. Bar No. 0860581

Case 22-12790-EPK Doc 138 Filed 06/06/22 Page 2 of 2
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EXHIBIT 24

 

POWER OF ATTORNEY

 

          The undersigned, being a Director and/or Officer of IMC Phosphates MP Inc., a Delaware corporation (the "Company"), hereby constitutes and appoints John J. Ferguson, J. Reid Porter and Rose Marie Williams his or her true and lawful attorneys and agents, each with full power and authority (acting alone and without the other) to execute and deliver in the name and on behalf of the undersigned as such Director and/or Officer of the Company in the Company's capacity as the Managing General Partner of IMC Phosphates Company, a Delaware general partnership (the "Partnership"), the Annual Report of the Partnership on Form 10-K for the fiscal year ended December 31, 2001 (the "Annual Report") under the Securities Exchange Act of 1934, as amended, and to execute and deliver any and all amendments to the Annual Report for filing with the Securities and Exchange Commission; and in connection with the foregoing, to do any and all acts and things and execute any and all instruments which such attorneys and agents may deem necessary or advisable to enable the Partnership to comply with the securities laws of the United States and of any state or other political subdivision thereof.  The undersigned hereby grants unto such attorneys and agents, and each of them, full power of substitution and revocation in the premises and hereby ratifies and confirms all that such attorneys and agents may do or cause to be done by virtue of these presents.

Dated this ____ day of March, 2002.

 

    /s/  E. Paul Dunn, Jr.
R.L. WILLIAMS, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),

CASE NO.: 3D18-0011

District Court of Appeal of Florida, Third District.

APRIL 25, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
<TABLE> <S> <C>

<PAGE>
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</TABLE>
Craig WILLIAMS, Appellant, v. The STATE of Florida, Appellee.

No. 3D17-362

District Court of Appeal of Florida, Third District.

Opinion filed July 25, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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