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Bill Monroe LEE, II, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-3062

District Court of Appeal of Florida, Fifth District.

Decision filed May 8, 2018

James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant.

Bill Monroe Lee, II, Raiford, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

SAWAYA, TORPY and EISNAUGLE, JJ., concur.
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Unassociated Document


    China
      Digital Communication Group

    A-3.
      Xinglian Industrial Zone.

    He
      Hua
      Ling Pingxin Road. Xin Nan. Ping Hua

    Town.
      Longgang. Shenzhen China 51811

     

    


    As
      you
      know, our firm audited the financial statements of China Digital Communication
      Group (the “Company”) for the year ended December 31, 2004 (the “2004 Annual
      Financial Statements”) and reviewed the Company’s financial statements for the
      quarters ended March 31, 2005, June 30, 2005 and September 30, 2005 (the “2005
      Quarter Reports”).

    


    Based
      upon new information and communication with the SEC, we have concluded that
      the
      Company was required to do purchase price allocation and assign value to
      intangible asset for the acquisition of Billion Electronics Co., Ltd. on
      November 15, 2004. 

     

    Accordingly,
      this is to advise you that appropriate disclosure should be made to all
      appropriate parties, including in a Current Report on Form 8-K, to prevent
      reliance on our previously issued audit report with respect to the 2004 Annual
      Financial Statements.

    


    


     

    /s/
      Lichter, Yu & Associates  

    Lichter,
      Yu & Associates 

     

    July
      23,
      2007
EXHIBIT 12.1
 STATEMENT RE: COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
  Oct. 2,
    
    
    Oct. 3,
    
    
    Sept. 28,
    
    
    Sept. 29,
    
    
    Sept. 30,2009
    
    
    2008
    
    
    2007
    
    
    2006
    
    
    2005(in thousands, except per share amounts)Earnings:Income/(loss) before income taxes
    
    $
    (21,549
    )
    
    $
    7,846
    
    
    $
    (21,803
    )
    
    $
    (22,665
    )
    
    $
    (62,259
    )Add: Fixed charges
    
    
    3,865
    
    
    
    4,434
    
    
    
    4,368
    
    
    
    4,771
    
    
    
    4,205$
    (17,684
    )
    
    $
    12,280
    
    
    $
    (17,435
    )
    
    $
    (17,894
    )
    
    $
    (58,054
    )Fixed Charges:Interest expense
    
    $
    1,803
    
    
    $
    2,360
    
    
    $
    2,241
    
    
    $
    2,231
    
    
    $
    1,788Interest portion of rental expense
    
    
    2,062
    
    
    
    2,074
    
    
    
    2,127
    
    
    
    2,540
    
    
    
    2,417$
    3,865
    
    
    $
    4,434
    
    
    $
    4,368
    
    
    $
    4,771
    
    
    $
    4,205Ratio of earnings to fixed charges (1)
    
    
    
    
    
    
    2.8
    
    
    
    
    
    
    
    
    
    
    
    
 
 (1)
    
    Our earnings were insufficient to cover our fixed charges by $21.5 million (2009), $21.8
million (2007), $22.7 million (2006), and $62.3 million (2005).
EXHIBIT 31.1
SECTION 302 CERTIFICATION
I, Jim Glavas, certify that:

1.       I have reviewed this quarterly report of North American Natural Gas, Inc.;

2.       Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary in order 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 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 report;

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

a)
designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under my 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)
paragraph omitted in accordance with SEC transition Rules contained in the SEC Release No. 33-8238;
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 that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and
5.       The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent****function);

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 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 control over financial reporting.
Date:

December 3, 2004

*/s/ Jim Glavas*Jim Glavas
Principal Executive Officer
Michele GERVOLINO, Appellant, v. Sindy L. SWANN, Appellee.

No. 4D17-3687

District Court of Appeal of Florida, Fourth District.

[September 20, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
Exhibit
      10.36

    

      Promissory
        Note Amendment 

       

      (William
        Kirby) 

       

      This
        Promissory Note Amendment (this "Amendment")
        amends
        that certain Promissory Note dated November 15, 2005 issued by DrTattoff,
        LLC
        ("Maker") to the undersigned in the original principal amount of $12,000
        (the
        "Promissory
        Note").

       

      The
        Promissory Note is due on demand by the undersigned. The undersigned hereby
        agrees that the Promissory Note shall mature and be due and payable in full
        on
        the earlier of April 1, 2008 or the closing of "Series B" round of financing
        of
        Maker that is currently contemplated by Maker in connection with and after
        the
        prospective merger by Maker with Lifesciences Opportunities Incorporated.
        

      
         

        
          	 	 	 	 
	/s/ William
                  Kirby	 	 	 
	
                  
William
                  Kirby	 	 	
                
	 	 	 	 
	Dated: July 3, 2007
Andrew Ross SWEITZER, DOC #R52921, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-4701

District Court of Appeal of Florida, Second District.

Opinion filed October 12, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit
      4.5g




**AMENDMENT
      TO**


**THIRD
      AMENDED AND RESTATED**


**4%
      CONVERTIBLE NOTE**





AMENDMENT
      TO THIRD AMENDED AND RESTATED 4% CONVERTIBLE NOTE, is dated as of April 21,
      2008; made by and between Delta Mutual, Inc., a Delaware corporation, with
      its
      principal offices located at 111 North Branch Street, Sellersville, PA 18960
      (the “Borrower”) and T&T Vermoegensverwaltungs AG, as lawful transferee,
      with the mailing address of Alte Bergstrasse No. 171, Uetikon 8707, Switzerland
      (the “Holder”). Capitalized terms used herein and not otherwise defined herein
      shall have the meaning assigned to such term in the Original Note.





WHEREAS,
      the Borrower and the Holder are parties to that certain Third Amended and
      Restated 4% Convertible Note, dated May 12, 2004, *as
      amended* (the
“Original Note”), pursuant to which the Borrower has borrowed the amount of
      $100,000 from the Holder;





WHEREAS,
      the Original Note provides that the Conversion Price shall be equal to $0.125
      per share; and





WHEREAS,
      the Borrower and the Holder have agreed to amend the Conversion Price and to
      amend Section 8.1 of the Original Note in order to reduce the Conversion Price;
      and





WHEREAS,
      in accordance with the terms and conditions of the Original Note, the Borrower
      and the Holder hereby approve the amendment of the Original Note as set forth
      herein.





NOW,
      THEREFORE, in consideration of the foregoing and the mutual covenants contained
      herein, the parties agree as follows:





1. By
        their respective execution of this AMENDMENT, the Borrower and the Holder
        agree
        that the last sentence of Section 8.1 the Original Note is hereby amended
        to
        read in its entirety as follows: “The ‘**Conversion
        Price**’
shall
        be equal to $0.07 per share (subject to adjustments for stock splits,
        combinations and other similar transactions).”




2. Except
          as
          expressly provided herein, the Original Note shall continue in full force
          and
          effect.





3. This
        AMENDMENT may be executed by facsimile and in counterparts, which, taken
        together, shall be deemed an original and shall constitute a single
        AMENDMENT.




4. IN
        WITNESS WHEREOF, the Borrower and the Holder have caused this AMENDMENT to
        be
        executed as of the date first written above.





DELTA
                MUTUAL, INC.
            
            T&T
                VERMOEGENSVERWALTUNGS AG**(BORROWER)**
            
            **(HOLDER)**




By:
            /s/
                Peter F. Russo
            
            By:
            /s/
                Ivano AngelastriPeter
                F. Russo
            
            
            Ivano
                AngelastriPresident
                & CEO
            
            
            Managing
                Director
J

- A01036

- 18

____________________________________ * Retired Senior Judge assigned to the Superior Court. NON - PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA

Appellee

v. ANDREW LAWRENCE COOPER

Appellant : : : : : : : : : IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 1436 EDA 2017
Appeal from the Judgment of Sentence December 9, 2016 in the Court of Common Pleas of Montgomery County Criminal Division at No.: CP

- 46

- CR

- 0006238

- 2015

BEFORE: LAZARUS, J., OTT, J., and PLATT*, J. CONCURRING AND DISSENTING STATEMENT BY PLATT, J.: FILED JULY 24,
2018 I respectfully concur in part and dissent in part. I concur in the learned Majority’s decision that the evidence admitted at trial was suffici ent to support t he charges of which Appellant was convicted with respect to his father, Lawrence Cooper. However, I respectfully dissent from the Majority’s decision that there was insufficient evidence to support Appellant’s conviction of aggravated assault against hi s mother, Sara Cooper. V iewing the evidence admitted at trial in the light most favorable to the Commonwealth, as we must under our standard of review, there was sufficient evidence to support Appellant’s second count of aggravated assault . Accordingly, I would affirm the judgment of sentence in its entirety.J

- A01036

- 18

- 2

-

A person is guilty of the crime of aggravated assault when he “attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances ma nifesting extreme indiffer ence to the value of human life; ” [or ] “ attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon[.]” 18
Pa.C.S.A. § 2702 (a)(1) , (4) ; see also Commonwealth v. Fortune , 68 A.3d 980, 98 6 (Pa. Super. 2013) ( en banc ) , appeal denied , 78 A.3d 1089 (Pa. 2013) (concluding that evidence was sufficient to prove appellant took substantial step toward inflicting serious bodily injury where he pointed gun at victim, threatened to kill her, and did n ot do so because she fled). Here, the evidence is clear that Appellant, with the intent to “take everybody out [,] ” in an effort to avoid attending his parole hearing, took a substantial step towards those ends when he placed guns and ammunition throughout the house, and threatened his mother that if she did not comply with his demand that she leave, she would be first. (Trial Court Opinion, 6/26/17, at 3). As the trial court aptly noted, “[t]aking [Appellant] at his own words, he intended to kill [his pa rents] and police officers and took substantial steps in furtherance of his intention.” ( Id. at 11).
In the totality of the circumstances, the judge, sitting as fact finder, was free to find that Appellant took a substantial step toward inflicting bodily injury to his mother with a deadly weapon. See Fortune , supra at 986

- 87. Therefore, I would conclude that Appellant’s conviction, in full, was supported by sufficient evidence, and would affirm the judgment of sentence.J

- A01036

- 18

- 3

-

Accordingly, I respectfully conc ur in part and dissent in part.
CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT 0F 2002

In connection with the Quarterly Report of Medical International Technology, Inc. (the "Company") on Form 10-QSB for the period ending June 30, 2006, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Karim Menassa, President and Principal 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 of 1934; and                              
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------
|   
|(2) | The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.
|   

|\s\ Karim MenassaFrank R. EvanshenPresident and Principal Executive Officer
|---------------------------------------------------------------------------

|August 21, 2006
|---------------

---
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