alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
WELLS FARGO BANK, N.A., Appellant, v. Joseph B. ELKIND, a/k/a Joseph Elkind, Timothy M. Donovan, Badabra, LLC, and United States of America, Department of the Treasury, Appellee.

No. 4D17-1213

District Court of Appeal of Florida, Fourth District.

September 5, 2018

Michael K. Winston and Dean A. Morande of Carlton Fields Jorden Burt, P.A., West Palm Beach, for appellant.

Bruce K. Herman of The Herman Law Group, P.A. Fort Lauderdale, for appellee, Joseph B. Elkind a/k/a Joseph Elkind.

ON MOTION FOR REHEARING

Per Curiam.

We grant appellant's motion for rehearing, withdraw our opinion dated July 18, 2018, and substitute the following.

The bank filed a verified complaint to foreclose a mortgage against the borrower, who raised several affirmative defenses, including lack of standing. Thereafter, the bank voluntarily dismissed the complaint without prejudice, but gave no reason for the dismissal.

The borrower moved for prevailing party attorney's fees and costs pursuant to the loan documents and section 57.105, Florida Statutes. The bank argued in opposition that the borrower was precluded from recovering attorney's fees based on the note or mortgage after taking the position that the bank lacked standing. Following a hearing, the trial court entered a final order awarding the borrower $35,880 in attorney's fees and costs.

On appeal, the bank contends that the trial court erred by awarding prevailing party attorney's fees and costs to the borrower because the borrower failed to demonstrate that both he and the bank were entitled to enforce the note and mortgage, emphasizing that the borrower argued to the contrary below by raising the affirmative defense that the bank lacked standing.

The bank relies on *1154*Nationstar Mortgage LLC v. Glass* , 219 So.3d 896, 899 (Fla. 4th DCA 2017), which held that "[a] party that prevails on its argument that dismissal is required because the plaintiff lacked standing to sue upon the contract cannot recover fees based upon a provision in that same contract."

However, there is a difference between prevailing on the merits on a standing issue and an undifferentiated voluntary dismissal of a lawsuit prior to any merits determination. The bank's voluntary dismissal took this case out of *Glass* . Standing was never litigated below and the trial court never made a finding that the bank or the borrower were not parties to the contract. Because the borrower did not prevail on his argument that dismissal was required because the bank lacked standing to sue on the contract, he is not precluded from recovering fees based on a provision in the same contract. *Glass* , 219 So.3d at 899. Accordingly, we affirm the order awarding fees. We leave for another day the issue of whether the borrower's victory on the attorney's fee issue here would collaterally estop him from raising standing in a future foreclosure on the same mortgage and note.

Gross, Conner and Klingensmith, JJ., concur.
Kristin LAURENT v. Ivan S. PREVOST

Ivan S. Prevost v. Kristin Laurent

No. 2018-CJ-1356

Supreme Court of Louisiana.

October 8, 2018

**ON WRIT OF CERTIORARI TO THE CIVIL DISTRICT COURT, PARISH OF ORLEANS**

Denied.

WEIMER, J., would grant.

HUGHES, J., would grant.

CRICHTON, J., additionally concurs and assigns reasons.

This court has repeatedly held that the trial court's factual conclusions are entitled to great deference. As Associate Justice Knoll aptly articulated in *In re A.J.F.* , 00-0948, p.26 (La. 6/30/00), 764 So.2d 47, 62 : "In manifest error review, it is important that the appellate court not substitute its opinion when it is the [trial] court who is in the unique position to see and hear the witnesses as they testify. The trier of fact is not disadvantaged by the review of a cold record and is in a superior position to observe the nuances of demeanor evidence not revealed in a record." Given the standard of review in this case, I agree with the decision to deny this writ.
Justin Crodero MILLAN, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-1271

District Court of Appeal of Florida, Fifth District.

Decision filed August 28, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Fw: TO OMB - OAR proposed action SAN 5623: SSM SIP Call - Startup, 

Shutdown, and Malfunction

Pam Long to: Phil Lorang, Krishna Viswanathan, Lisa Sutton 12/11/2012 03:56 PM

Cc: Yvonnew Johnson, Anna Wood

Good News!

Thank you, Pam S. Long 

AQPD Regulatory Contact

Regular Mail:

USEPA/OAQPS/AQPD/OD (C504-01)

Room # C505C

RTP, NC 27711

919-541-0641 (Phone)

919-541-5509 (Fax)

----- Forwarded by Pam Long/RTP/USEPA/US on 12/11/2012 03:56 PM -----

From: Joseph-J Dougherty/DC/USEPA/US

To: Pam Long/RTP/USEPA/US@EPA

Cc: Mary Henigin/DC/USEPA/US@EPA, Alan Rush/DC/USEPA/US@EPA

Date: 12/11/2012 03:53 PM

Subject: Fw: TO OMB - OAR proposed action SAN 5623: SSM SIP Call - Startup, Shutdown, and 

Malfunction

Good news...

----- Forwarded by Joseph-J Dougherty/DC/USEPA/US on 12/11/2012 03:53 PM -----

From: Nathaniel Jutras/DC/USEPA/US

To: Nicole Owens/DC/USEPA/US@EPA, Eileen Pritchard/DC/USEPA/US@EPA, Mariana 

Cubeddu/DC/USEPA/US, Alexander Cristofaro/DC/USEPA/US@EPA, chappell.linda@epa.gov, 

Tom Eagles/DC/USEPA/US@EPA, Ruthw Morgan/DC/USEPA/US@EPA, Nikos 

Singelis/DC/USEPA/US@EPA, Lesley Schaaff/DC/USEPA/US@EPA, Robin 

Kime/DC/USEPA/US@EPA, Paul Shriner/DC/USEPA/US@EPA, Alan Rush/DC/USEPA/US@EPA, 

Mary Henigin/DC/USEPA/US@EPA, Joseph-J Dougherty/DC/USEPA/US@EPA

Date: 12/11/2012 03:50 PM

Subject: TO OMB - OAR proposed action SAN 5623: SSM SIP Call - Startup, Shutdown, and Malfunction

Today, 12/11/2012, proposed rule SAN: 5623 : SSM SIP Call - Startup, Shutdown, and 

Malfunction was uploaded in OMB's ROCIS system.

This is a tier 3 rule and ADP Tracker has been updated.

Thank you,

Nathaniel P. Jutras

U.S. Environmental Protection Agency

OA / Office of Policy / Regulatory Management Division

Washington, DC 20406

(P) (202) 564.0301 (F) (202) 564.0965
EO12866_SSM Petition_2060-AR68_Proposal_FRN_20121126.docx
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staff profileShannon Brewer, PhD
##### 



EXHIBIT 32.1 OFFICERS CERTIFICATIONS Certification of Chief Executive Officer Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the
undersigned officer of Arden Realty, Inc., the general partner of Arden Realty Limited Partnership
(the Partnership), hereby certifies, to such officers knowledge, that:  (i)
    the accompanying quarterly report on Form 10-Q of the Partnership for
the period ended March 31, 2005 (the Report) fully complies with the requirements
of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of
1934, as amended; and(ii)
    the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Partnership. Date: May 6, 2005
    By:
    /s/ Richard S. ZimanRichard S. ZimanChairman of the Board and
Chief Executive Officer
Arden Realty, Inc. A signed original of this written statement required by Section 906 has been provided to the
Partnership and will be retained by the Partnership and furnished to the Securities and Exchange
Commission or its staff upon request. The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C.
§ 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934,
as amended, and is not to be incorporated by reference into any filing of the Partnership, whether
made before or after the date hereof, regardless of any general incorporation language in such
filing.




---



##### 



Certification of Chief Financial Officer Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the
undersigned officer of Arden Realty, Inc., the general partner of Arden Realty Limited Partnership
(the Partnership), hereby certifies, to such officers knowledge, that:  (i)
    the accompanying quarterly report on Form 10-Q of the Partnership for
the period ended March 31, 2005 (the Report) fully complies with the
requirements of Section 13(a) or Section 15(d), as applicable, of the Securities
Exchange Act of 1934, as amended; and(ii)
    the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Partnership. Date: May 6, 2005
    By:
    /s/ Richard S. DavisRichard S. DavisExecutive Vice President and
Chief Financial Officer
Arden Realty, Inc. A signed original of this written statement required by Section 906 has been provided to the
Partnership and will be retained by the Partnership and furnished to the Securities and Exchange
Commission or its staff upon request. The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C.
§ 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934,
as amended, and is not to be incorporated by reference into any filing of the Partnership, whether
made before or after the date hereof, regardless of any general incorporation language in such
filing.
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.                  

###### Department of State

          - [Public Notice: 12600]

# SUMMARY:

                        Notice is hereby given of the following determinations: I hereby determine that certain objects being imported from abroad pursuant to agreements with their foreign owners or custodians for temporary display in the exhibition “Jack Whitten: The Messenger” at The Museum of Modern Art, New York, New York, and at possible additional exhibitions or venues yet to be determined, are of cultural significance, and, further, that their temporary exhibition or display within the United States as aforementioned is in the national interest. I have ordered that Public Notice of these determinations be published in the                         **Federal Register**                        .                    

# FOR FURTHER INFORMATION CONTACT:

                        Reed Liriano, Program Coordinator, Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6471; email:                         *section2459@                                   ( print page 99323)                                state.gov*). The mailing address is U.S. Department of State, L/PD, 2200 C Street, NW (SA-5), Suite 5H03, Washington, DC 20522-0505.                    

# SUPPLEMENTARY INFORMATION:

                    The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                     *et seq.;*22 U.S.C. 6501 note,                     *et seq.*), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 of August 28, 2000, and Delegation of Authority No. 523 of December 22, 2021.                

Nicole L. Elkon,

Deputy Assistant Secretary for Professional and Cultural Exchanges, Bureau of Educational and Cultural Affairs, Department of State.

[FR Doc. 2024-28918 Filed 12-9-24; 8:45 am]

BILLING CODE 4710-05-P
STATE EX REL. Charles SPEARS v. STATE of Louisiana

NO. 2017-KH-0854

Supreme Court of Louisiana.

September 21, 2018

WRIT NOT CONSIDERED. Petitioner has not demonstrated that petitioner sought review in the court(s) below before filing in this Court nor shown the "extraordinary circumstances" that would justify bypassing that level of review. La.S.Ct.R. X § 5(b).
FIDELITY CAPITAL CONCEPTS LIMITED

A Nevada Corporation



CERTIFICATE PURSUANT TO

18 U.S.C. SECTION 1350

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of Fidelity Capital Concepts Limited (the "Company") on Form 10-QSB for the quarter ended March 31, 2004 as filed with the Securities and Exchange Commission (the "Report"), we, Keith Ebert, President, Chief Executive Officer, and Gerald R. Tuskey, Chief Financial Officer, certify, pursuant to 18 U.S.C. ss.ss. 1350, as adopted pursuant to ss.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 results of operations of the Company.









Dated May 20, 2004

/s/Keith Ebert



Keith Ebert,

President and Chief Executive Officer





/s/Gerald R. Tuskey



Gerald R. Tuskey,

Chief Financial Officer
Andrew K. KWAP, Appellant, v. COUNTY OF CUMBERLAND, New Jersey, Appellee.

No. 4D17-3814

District Court of Appeal of Florida, Fourth District.

[October 4, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
John G. WILLIAMS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-2750

District Court of Appeal of Florida, Second District.

August 13, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
Exhibit 8



Certification Required by Rule 13a-14(b)
or Rule 15d-14(b)of the Securities Exchange Act of 1934 andSection 1350 of Chapter 63 of Title 18 of the United States Code



In connection with
the report of InterOil Corporation (the “Company”) on Form 40-F for the fiscal year ending December 31,
2012 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Collin
F. Visaggio, 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 to the best of my knowledge:



| | 1. | The Report fully complies with the requirements
                                                          of Section 13(a) or 15(d) of the Securities 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 operations of the Company.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date: February 27, 2013



| | /s/ Collin F. Visaggio 
| | -----------------------
| | Collin F. Visaggio     
| | Chief Financial Officer
Brian Keith JIMERSON, Petitioner, v. STATE of Florida, Respondent.

No. 1D18-2221

District Court of Appeal of Florida, First District.

September 25, 2018

Brian Keith Jimerson, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.

Per Curiam.

The petition for writ of prohibition is denied on the merits.

Roberts, Rowe, and Ray, JJ., concur.
STATE of Louisiana v. Rory DIMES

NO. 2018-KH-1404

Supreme Court of Louisiana.

September 28, 2018

*149WRIT NOT CONSIDERED. Petitioner has not demonstrated that he sought review in the court(s) below before filing in this Court nor shown the "extraordinary circumstances" that would justify bypassing that level of review. La.S.Ct.R. X § 5(b).
STATE of Louisiana v. Mister DONAHUE

NO. 2017-KP-0999

Supreme Court of Louisiana.

September 21, 2018

Denied.
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Exhibit 31.2
 CERTIFICATION
   
 
 
 (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 the registrant, including its consolidated subsidiaries, is made known to us by
others within those entities, particularly during the period in which this report is being
prepared;
 (b)
    
    designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;
 (c)
    
    evaluated the effectiveness of the registrants 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
 (d)
    
    disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the
registrants fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the registrants internal control
over financial reporting; and
 
 (a)
    
    All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect
the registrants ability to record, process, summarize and report financial information;
and
 (b)
    
    Any fraud, whether or not material, that involves management or other employees who
have a significant role in the registrants internal control over financial reporting.
  /s/
Robert C. LeahyRobert C. LeahyChief Operating Officer and
Chief Financial Officer
James MILLER, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-928

District Court of Appeal of Florida, Fifth District.

Decision filed September 18, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.