alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 In The 

### Court of Appeals Ninth District of Texas at Beaumont

__________________ N O . 09

- 22

- 00329

- CV

__________________ CHRISTOPHER PROVOST AND HALEY PROVOST , Appellant s
V. IMPERIAL OAKS PARK PROPERTY OWNERS ASSOCIATION, INC. , Appellee

__________________________________________________________________ On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 22

- 07

- 08448

- CV

__________________________________________________________________ MEMORANDUM OPINION
On October 14, 2022, Christopher Provost and Haley Provost filed a notice of appeal from a final judgment or order in Trial Cause Number 22

- 07

- 08448

- CV. Appellants ha ve failed to file a brief. On February 6, 2023 , we notified the parties that the Appellants ’ brief had not been filed and that the appeal would be submitted without briefs unless we received Appellants ’ brief and a motion for extension within ten days, and we warned Appellant s that the appeal could be dismissed for2 want of prosecution if the appeal was submitted without briefs. On Febr uary 22 , 2023, we notified the parties that the appeal would be submitted to the Court on
March 1 5 , 2023, without briefs and without oral argument. See Tex. R. App. P. 39.8. In the absence of a brief assigning error for appellate review, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1); Tex. R. App. P. 42.3(b).
APPEAL DISMISSED.

PER CURIAM
Su bmitted on March 15, 2023 Opinion Delivered March 23, 2023 Before Golemon, C.J., Horton and Johnson, JJ.
Exhibit
      4.6f





SIXTH
      AMENDMENT TO


4%
      CONVERTIBLE PROMISSORY NOTE







FIFTH
      AMENDMENT, dated as of September 7, 2007, TO 4% CONVERTIBLE PROMISSORY NOTE,
      dated May 12, 2004, 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 Neil Berman, an individual, with the
      mailing address of 21346 St. Andrews Boulevard, # 421, Boca Raton, FL 33433
      (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 4% Convertible
      Promissory Note, dated May 12, 2004, as amended, (the “Original Note”) pursuant
      to which the Borrower has borrowed the amount of $193,740 from the Holder;





WHEREAS,
      the Original Note provides that the Maturity Date shall be September 10, 2007;
      and





WHEREAS,
      the Borrower and the Holder have agreed to extend the Maturity Date and to
      amend
      Section 1.6 of the Original Note in order to provide the Borrower with
      additional time to secure financing; 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 Section 1.6 of the Original Note is hereby amended to read in its
      entirety as follows: “Maturity Date” shall mean December 1, 2007.





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





3.  This
      SIXTH AMENDMENT supercedes any and all prior written or oral agreements with
      respect to the Original Note, and may be executed by facsimile and in
      counterparts, which, taken together, shall be deemed an original and shall
      constitute a single AMENDMENT.








IN
      WITNESS WHEREOF, the Borrower and the Holder have executed this Sixth Amendment
      as of the date first written above.





DELTA
                MUTUAL INC.
            
            
            NEIL
                BERMAN(BORROWER)
            
            
            (HOLDER)By:
              /s/ Peter F.
              Russo
            
            
            By:
              /s/ Neil
              BermanPeter
                F. Russo
              President
                & CEO
            
            
            Neil
                Berman
EXHIBIT 32
----------




          CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350,
              AS ADOPTED PURSUANT TO SECTION 906 OF THE
                      SARBANES-OXLEY ACT OF 2002
          --------------------------------------------------


     The following statement is provided by the undersigned with respect to
the Annual Report on Form 10-K for the year ended December 31, 2003,
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be
deemed filed pursuant to any provision of the Securities Exchange Act of
1934 or any other securities law:

     Each of the undersigned certifies that the foregoing Annual Report on
Form 10-K fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m) and that the information
contained in the Annual Report on Form 10-K fairly presents, in all
material respects, the financial condition and results of operations of
KAANAPALI LAND, LLC.




    By: /s/  Gary Nickele               By: /s/  Gailen J. Hull
        ---------------------------         ---------------------------
        Gary Nickele                        Gailen J. Hull
        Chief Executive Officer             Chief Financial Officer and
                                            Chief Accounting Officer
Robert J. BROUSSARD, et al. v. MULTI-CHEM GROUP, LLC

NO. 2018-C-1347

Supreme Court of Louisiana.

November 14, 2018

**ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF IBERIA**

Writ denied.

CRICHTON, J., would grant and assigns reasons.

I would grant and docket this application to examine the standard for awarding damages for fear of developing cancer in toxic tort cases.
<PAGE>

                                                                    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

     Pursuant to Section 1350, Chapter 63 of Title 18, United State Code, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the
undersigned, as Chief Financial Officer of CNB Financial Services, Inc. (the
"Company"), does hereby certify that:

     (1)  The Company's Quarterly Report on Form 10-Q for the period ended June
          30, 2007 (the "Report"), fully complies with the requirement of
          section 13(a) or 15(d) of the Securities Act of 1934; and

     (2)  The information contained in the Company's Report fairly presents, in
          all material respects, the financial condition and result of
          operations of the Company.


                                        /s/ Rebecca S. Stotler
                                        ----------------------------------------
                                        Rebecca S. Stotler
                                        Chief Financial Officer
                                        August 13, 2007


                                       32
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.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         December 17, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on December 4, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 883 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-606, K2025-605.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-29787 Filed 12-16-24; 8:45 am]

BILLING CODE 7710-12-P
**Exhibit 32.2**

 

**CERTIFICATION OF CFO PURSUANTTO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEYACT OF 2002**

 

In connectionwith the annual report on Form 10-K of Digital Theater Systems, Inc. (the “Company”)for the year ended December 31, 2004 as filed with the Securities and Exchange Commissionon the date hereof (the “Report”), Melvin L. Flanigan, as Chief Financial Officerof the Company, hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuantto § 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge,that:

 

(1)                                  The annual report fully complies with the requirementsof Section 13(a) of the Securities Exchange Act of 1934; and

 

(2)                                  The information contained in the annual report fairlypresents, in all material respects, the financial condition and results of operationsof the Company.

 

 
| Dated: March 15, 2005 | By     | /s/ MELVIN L. FLANIGAN  |   |
|-----------------------|--------|-------------------------|--------|
|                  |   | Melvin L. Flanigan      |   |
|                  |   | Chief Financial Officer |   |

 

A signed originalof this written statement required by Section 906 of the Sarbanes-Oxley Actof 2002 has been provided to Digital Theater Systems, Inc. and will be retainedby Digital Theater Systems, Inc. and furnished to the Securities and Exchange Commissionor its staff upon request.

 

----
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 02-3120

___________

Johnny Lee Sanders, Jr. *

*

Appellant, *

* Appeal from the United States

v. * District Court for the Eastern

* District of Arkansas.

Rex Jones, Supervisor of *

Education, FCI - Forrest City; Mel * [UNPUBLISHED]

Smith, Captain, FCI - Forrest City; *

Kim Tillman, Teacher, FCI - Forrest *

City; Kim Thrash, Education *

Technician, FCI - Forrest City; *

Melanie Garrido, Supervisor of *

Education, FCI - Forrest City; *

Lindsey Dunham, Teacher, FCI - *

Forrest City; Howard Barron, Jr., Unit *

Manager, FCI - Forrest City; *

Marvin D. Morrison, Warden, FCI - *

Forrest City, *

*

Appellees *

___________

 Submitted: July 8, 2003

 Filed: August 26, 2003

___________

Before MORRIS SHEPPARD ARNOLD, McMILLIAN, and FAGG, Circuit Judges.

___________
1

The Honorable James M. Moody, United States District Judge for the Eastern

District of Arkansas. 

2

Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S.

388 (1971).

-2-

PER CURIAM.

Federal prisoner Johnny Lee Sanders, Jr., appeals the district court’s1

 (1) preservice dismissal without prejudice of his Bivens2

 action for failing to exhaust his

administrative remedies, (2) denial of his motion to alter or amend the judgment

under Federal Rule of Civil Procedure 59(e), and (3) denial of leave to amend his

complaint. We grant Mr. Sanders’s request to proceed in forma pauperis, and assess

the appellate filing fee. See Henderson v. Norris, 129 F.3d 481, 484-85 (8th Cir.

1997) (per curiam). 

Because Mr. Sanders did not file any administrative grievances against

defendant Marvin Morrison, we conclude the dismissal was proper. See 42 U.S.C.

§ 1997e(a); Porter v. Nussle, 534 U.S. 516, 524 (2002) (federal prisoners suing under

Bivens must first exhaust inmate grievance procedures; administrative exhaustion is

prerequisite even if administrative remedies are not plain, speedy, and effective, and

relief inmate seeks is not available); Graves v. Norris, 218 F.3d 884, 885-86 (8th Cir.

2000) (per curiam) (dismissal proper where at least some of plaintiff’s claims were

unexhausted when district court ruled). We also conclude that the district court did

not abuse its discretion in denying Mr. Sanders’s Rule 59(e) motion, see Perkins v.

US West Communications, 138 F.3d 336, 340 (8th Cir. 1998) (standard of review),

or his motion for leave to amend, see In re NationsMart Corp. Sec. Litig., 130 F.3d

309, 322-23 (8th Cir. 1997) (standard of review), cert. denied, 524 U.S. 927 (1998).

 

Accordingly, we affirm.
-3-

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
EXHIBIT 32.2

CERTIFICATION PURSUANT TO 18 U.S.C. §1350, AS ADOPTED

PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. §1350, the undersigned certifies that this Quarterly Report on Form 10-Q
for the period ended March 31, 2007 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 this report fairly presents, in all material respects, the
financial condition and results of operations of Infinity Pharmaceuticals, Inc.



|                   |  |                                    
|------------------ |  | -----------------------------------
|Dated: May 9, 2007 |  | /s/ Adelene Q. Perkins             
|                   |  | Adelene Q. Perkins                 
|                   |  | Chief Financial Officer & Treasurer
|                   |  | (Principal financial officer)      

A signed original of this written statement required by Section 906 has been provided to
Infinity Pharmaceuticals, Inc. and will be retained by Infinity Pharmaceuticals, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Reginald KELLUM, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-4055

District Court of Appeal of Florida, Second District.

Opinion filed July 11, 2018

Reginald Kellum, pro se.

PER CURIAM.

Affirmed.

KHOUZAM, CRENSHAW and SALARIO, JJ., Concur.
Exhibit 32.1

STATEMENT PURSUANT TO 18 U.S.C. §1350, AS ADOPTED

PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. §1350, the undersigned certifies that this
Quarterly Report on Form 10-Q for the period ended March 31, 2011 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 this report fairly presents, in
all material respects, the financial condition and results of operations of Infinity Pharmaceuticals, Inc.



|                   |  |                                                      
|------------------ |  | -----------------------------------------------------
|Date: May 10, 2011 |  | /s/ Adelene Q. Perkins                               
|                   |  | Adelene Q. Perkins                                   
|                   |  | President and Chief Executive Officer                
|                   |  | (Principal Executive and Principal Financial Officer)

A signed original of this written statement required by Section 906 has been provided to Infinity Pharmaceuticals, Inc. and will be retained by Infinity Pharmaceuticals, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
**Exhibit 32.1**

 

**Certificate pursuant to 18 U.S.C. Section1350,**

**as adopted pursuant to Section 906 of the**

**Sarbanes-Oxley Act of 2002**

 

In connection with the Quarterly Report of GlobalSCAPE, Inc. on Form10-Q for the period ending June 30, 2004 as filed with the Securities andExchange Commission on the date hereof (the “Report”), we, Charles R. Poole, President and Chief Operating Officerand Thomas F. Farar, Chief Financial Officer, certify, pursuant to 18 U.S.C.  Section 1350, as adopted pursuant to Section906 of the Sarbanes-Oxley Act of 2002, that:

 

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

 

(2)          The information contained in the Reportfairly presents, in all material respects, the financial condition and results of operations of GlobalSCAPE, Inc.

 

 
| /s/ Charles R. Poole                  |   |
|---------------------------------------|--------|
| Charles R. Poole                      |
| President and Chief Operating Officer |
| August 13, 2004                       |
|                                  |
|                                  |
| /s/ Thomas F. Farar                   |   |
| Thomas F. Farar                       |
| Chief Financial Officer               |
| August 13, 2004                       |

 

1

----
##### 



Exhibit 32.1 METALINE CONTACT MINES CERTIFICATION PURSUANT TO
18 U.S.C. OF SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Quarterly Report of Metaline Contact Mines (the Company) on Form 10-QSB
for the period ending June 30, 2004 as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, Richard L. Howell, President and Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to 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. /s/ Richard L. HowellBy:Richard L. HowellPresident & Chief Executive OfficerMay 4, 2005
 Exhibit 32.1  Page 1
Jaime Lynn DEVEREAUX, Appellant, v. Cory STRICKLAND, Appellee.

No. 4D18-2777

District Court of Appeal of Florida, Fourth District.

December 12, 2018

Jaime Lynn Devereaux, Boynton Beach pro se.

Craig A. Boudreau, West Palm Beach, for appellee.

Per Curiam.

*Affirmed* . *See**Applegate v. Barnett Bank of Tallahassee* , 377 So.2d 1150 (Fla. 1979).

Gross, May and Conner, JJ., concur.
##### 



Exhibit 31.1 CERTIFICATION PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002  I, Richard l. Howell, President and Chief Executive Officer, certify that:1.
    
    I have reviewed this quarterly report on Form 10-QSB being filed for
Metaline Contact Mines (the Registrant);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 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 financial statements, and other financial
information included in the 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 quarterly
report;4.
    
    The Registrants other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-14 and 15d-14) for the Registrant and
have:  (a)
    
    designed such disclosure controls and procedures to ensure
that material information relating to the Registrant, including its
consolidated subsidiaries, is made to us by others within those
entities, particularly during the period in which this quarterly
report is being prepared;(b)
    
    evaluated the effectiveness of the Registrants disclosure
controls and procedures as of a date within 90 days prior to the
filing date of this quarterly report (the Evaluation Date); and(c)
    
    presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures on our
evaluation as of the Evaluation Date;  5.
    
    The Registrants other certifying officer and I have disclosed, based on
our most recent evaluation, to the Registrants auditors and the audit
committee of the Registrants 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 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
controls. Exhibit 31.1  Page 1




---



##### 



6.
    
    The Registrants other certifying officer and I have indicated in this
quarterly report whether or not there were significant changes in internal
controls or in other factors that could significantly affect internal
controls subsequent to the date of our most recent evaluation, including
any corrective actions with regard to significant deficiencies and
material weaknesses. Date: August 9, 2004 /s/      Richard L. HowellRichard L. HowellPresident and Chief Executive Officer Exhibit 31.1  Page 2
Siefried Denard GRACE, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-3546

District Court of Appeal of Florida, Second District.

Opinion filed September 12, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.