alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Jesus CHONG HING, Appellant(s)/Petitioner(s), v. JCAS CORP. FUND, Appellee(s)/Respondent(s),

CASE NO.: 3D18-1708

District Court of Appeal of Florida, Third District.

SEPTEMBER 13, 2018

Upon the Court's own motion, it is ordered that this appeal from the Circuit Court for Miami-Dade County, Florida is dismissed for failure to comply with this Court's order dated August 21, 2018, and with the Florida Rules of Appellate Procedure.

ROTHENBERG, C.J., and FERNANDEZ and SCALES, JJ., concur.
Exhibit 10.7

                                                       Personal and Confidential
================================================================================
                                 INTERNAL MEMO
================================================================================

To:   Barry Cohen                  From:  Martin Burg
Date: August 15, 2002
Subject: Salary Adjustments

Memo:

I agree to participate in the program of Company-wide salary cuts. I understand
and agree to the reduction of my gross monthly salary by 10%. Notwithstanding
the foregoing, I understand that any contractual severance payments due me in
the event of my termination without cause shall be based upon my pre-cut salary.

Employee name:  Barry Cohen

Employee signature: /s/ Barry Cohen

Dear Employee,

Keryx is very appreciative of your agreement to take a reduction in monthly
salary in light of the tough financial circumstances in the economy at present.
We hope you understand the need to cut back at present in order to help grow a
strong, healthy and efficient Company in the future, and we look forward to
growing this Company With your help.

Yours sincerely,


/s/ Ira Weinstein
-------------------------
Ira Weinstein
COO
Keryx Biopharmaceuticals
Date: August 15, 2002
James J. CAMPBELL, Appellant, v. The STATE of Florida, Appellee.

No. 3D18-1179

District Court of Appeal of Florida, Third District.

Opinion filed October 17, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Mario T. COTO, Appellant, v. C. HODGSON, Warden, Columbia Correctional Institution, Appellee.

No. 1D17-3894

District Court of Appeal of Florida, First District.

November 6, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
STATE of Louisiana v. Michael ROBERTSON

No. 2018-KK-0970

Supreme Court of Louisiana.

November 20, 2018

**ON SUPERVISORY WRITS TO THE NINETEENTH JUDICIAL DISTRICT COURT, PARISH OF E. BATON ROUGE**

PER CURIAM:

Writ granted. When the State was unable to successfully e-file its writ application, the State attempted to comply with Local Rule 8 M(2) of the First Circuit by filing a hard copy of its document. Local Rule 8 M(2) provides:

> A party may not be afforded relief for any delay or other problem attributable to the party's actions or use of the Court's computer system. If timeliness is of concern to the party, and the party has not received an acknowledgement email stating the document has been successfully uploaded to the Court's computer system, the party should file a hard copy of the document in accordance with Uniform Rule 2-13.

The court of appeal, however, declined to consider the State's writ application because it lacked the verifying affidavit required by Uniform Rules-Courts of Appeal, Rule 4-5(A). We find the court of appeal's interpretation of its Local Rule 8, which makes no reference to Uniform Rule 4-5 or any rule other than Uniform Rule 2-13, to be unreasonable. At the minimum, we find the court of appeal should afford a party the opportunity to conform to the affidavit requirements before declining to consider a timely filed hard copy of an unsuccessful e-filing. Accordingly, we vacate the court of appeal's ruling, and remand with instructions to consider the merits of the State's application from the district court's ruling that granted the defendant's motion to suppress.

**VACATED AND REMANDED**
Exhibit 99.1



Certification of Principal Executive
Officer

Pursuant to 18 U.S.C. 1350

(Section 906 of the Sarbanes-Oxley Act of 2002)



I, R. Christopher Hoehn-Saric, Chairman and Chief Executive Officer (principal executive officer) of eSylvan, Inc. (the Registrant), certify, to the best of my knowledge, based upon a
review of the Quarterly Report on Form 10-Q for the period ended March 31, 2003 of the Registrant (the Report), that:



(1) The Report fully complies with the requirements of Section 15(d) of the Securities Exchange Act of 1934, as amended; and



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



|/s/    R. Christopher Hoehn-Saric
|---------------------------------
|R. Christopher Hoehn-Saric       
|May 14, 2003
Exhibit 31
                                  ----------



<PAGE>


                                 CERTIFICATION


             I, Richard DeLeo, certify that:

             1. I have reviewed this annual report on Form 10-K, and all
             reports on Form 8-K containing distribution and servicing reports
             filed in respect of periods included in the year covered by this
             annual report, of CWABS Master Trust, for the Series 2003-D
             Subtrust;

             2. Based on my knowledge, the information in these reports, taken
             as a whole, 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 as of the last day of the
             period covered by this annual report;

             3. Based on my knowledge, the distribution or servicing
             information required to be provided to the trustee by the master
             servicer under the pooling and servicing, or similar agreement,
             for inclusion in these reports is included in these reports;

             4. I am responsible for reviewing the activities performed by the
             master servicer under the pooling and servicing, or similar,
             agreement and based upon my knowledge and the annual compliance
             review required under that agreement, and except as disclosed in
             the reports, the master servicer has fulfilled its obligations
             under that agreement; and

             5. The reports disclose all significant deficiencies relating to
             the master servicer's compliance with the minimum servicing
             standards based upon the report provided by an independent public
             accountant, after conducting a review in compliance with the
             Uniform Single Attestation Program for Mortgage Bankers or
             similar procedure, as set forth in the pooling and servicing, or
             similar, agreement, that is included in these reports.

             In giving the certifications above, I have reasonably relied on
             information provided to me by the following unaffiliated parties:
             JP Morgan Chase Bank, as successor in interest to Bank One,
             National Association, as indenture trustee.


             Date:  March 26, 2004


                                             /s/ Richard DeLeo
                                             -----------------
                                             Richard DeLeo
                                             Senior Managing Director
I 

113TH CONGRESS 

1ST SESSION H. R. 920 

To amend the Public Health Service Act to provide for the participation 

of optometrists in the National Health Service Corps scholarship and 

loan repayment programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2013 

Mrs. MCMORRIS RODGERS (for herself, Ms. CASTOR of Florida, Mr. GUTHRIE, 

Mr. WELCH, Mr. CASSIDY, and Mr. BRALEY of Iowa) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Public Health Service Act to provide for 

the participation of optometrists in the National Health 

Service Corps scholarship and loan repayment programs, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Health Serv5 ice Corps Improvement Act of 2013’’. 


pmangrum on DSK3VPTVN1PROD with BILLS
2 

•HR 920 IH

1 SEC. 2. PARTICIPATION OF OPTOMETRISTS IN NATIONAL 

2 HEALTH SERVICE CORPS. 

3 (1) PRIMARY HEALTH CARE SERVICES.—Sec4 tion 331 of the Public Health Service Act (42 

5 U.S.C. 254d) is amended— 

6 (A) in subsection (a)(3)(D), by striking 

7 ‘‘or mental health,’’ and inserting ‘‘optometry, 

8 or mental health,’’; and 

9 (B) in subsection (b)(2), by striking ‘‘and 

10 physician assistants’’ and inserting ‘‘optom11 etrists, and physician assistants’’. 

12 (2) SCHOLARSHIP PROGRAM.—Section 338A of 

13 the Public Health Service Act (42 U.S.C. 254l) is 

14 amended— 

15 (A) in subsection (a)(1), by striking ‘‘and 

16 physician assistants’’ and inserting ‘‘optom17 etrists, and physician assistants’’; and 

18 (B) in subsection (b)(1), by striking ‘‘or 

19 other health profession’’ and inserting ‘‘optom20 etry, or other health profession’’. 

21 (3) LOAN REPAYMENT PROGRAM.— 

22 (A) PARTICIPATION.—Section 338B of the 

23 Public Health Service Act (42 U.S.C. 254l–1) 

24 is amended— 


pmangrum on DSK3VPTVN1PROD with BILLS
3 

•HR 920 IH

1 (i) in subsection (a)(1), by striking 

2 ‘‘and physician assistants’’ and inserting 

3 ‘‘optometrists, and physician assistants’’; 

4 (ii) in subsection (b)(1)(A), by strik5 ing ‘‘or another health profession’’ and in6 serting ‘‘optometry, or another health pro7 fession’’; and 

8 (iii) in subsections (b)(1)(B) and 

9 (b)(1)(C)(ii), by striking the term ‘‘or 

10 other health profession’’ each place such 

11 term appears and inserting ‘‘optometry, or 

12 other health profession’’. 

13 (B) PERIOD OF OBLIGATED SERVICE.— 

14 Clauses (ii) and (iii) of section 338C(b)(5)(C) 

15 of the Public Health Service Act (42 U.S.C. 

16 254m(b)(5)(C)) are amended by striking the 

17 term ‘‘or other health profession’’ each place 

18 such term appears and inserting ‘‘optometry, or 

19 other health profession’’. 

Æ 


pmangrum on DSK3VPTVN1PROD with BILLS
<PAGE>

                                                                    Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

     In connection with the annual report of Tecumseh Products Company (the
"Company") on Form 10-K for the period ended December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Form 10-K"), I, Todd
W. Herrick, 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, to my knowledge:

     (1)  the Form 10-K fully complies with the requirements of Section 13(a) or
          15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m or
          78o(d)); and

     (2)  the information contained in the Form 10-K fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.


Dated: March 13, 2006                  BY: /s/ TODD W. HERRICK
                                           -------------------------------------
                                           Todd W. Herrick
                                           President and Chief Executive Officer
**Exhibit 10.442**

 

ASSIGNMENT

 

This Assignment is made as of the 7th day of November, 2004 by **INLAND REAL ESTATE ACQUISITIONS, INC.,** an Illinoiscorporation (“Assignor”) to and for the benefit of **INLANDWESTERN WESLEY CHAPEL NORTHWOODS, L.L.C.,** a Delaware limitedliability company (“Assignee”).

 

Assignor does hereby sell, assign, transfer, set over and convey untoAssignee all of its right, title and interest as Buyer under that certainAgreement of Sale dated as of September 3, 2004, as amended, and entered intoby Kimco Tampa, LP, as Seller, and Inland Real Estate Acquisitions, Inc.,Assignor, as Buyer (collectively, the “Agreement”), solely as the Agreementapplies to the sale and purchase of the property described by the Agreement,located in Wesley Chapel, Florida commonly known as Northwoods Square.

 

Assignor represents and warrants that it is the Buyer under theAgreement, and that it has not sold, assigned, transferred, or encumbered suchinterest in any way to any other person or entity. By acceptance hereof,Assignee accepts the foregoing Assignment and agrees, from and after the datehereof, to (i) perform all of the obligations of Buyer under the Agreement, and(ii) indemnify, defend, protect and hold Assignor harmless from and against allclaims and liabilities arising under the Agreement.

 

INWITNESS WHEREOF, Assignor and Assignee have executed this instrument as of thedate first written above.

 
|       | **ASSIGNOR:**                           |
|------------|-----------------------------------------|
|       |                                    |
|       | INLAND REAL ESTATE  ACQUISITIONS, INC., |
|       | an Illinois corporation                 |
|       |                                    |
|       |                                    |
|       | By:                                     | /s/ G. Joseph Cosenza |   |
|       | Name:                                   |   G. Joseph Cosenza |   |
|       | Its:                                    | President | ** ** |
| ** ** | ** **                              |
|       | **ASSIGNEE:**                           |
|       |                                    |
|       | INLAND WESTERN WESLEY  CHAPEL           |
|       | NORTHWOODS, L.L.C., a  Delaware limited |
|       | liability company                       |
|       |                                    |
|       | By:                                     | INLAND WESTERN RETAIL REAL |
|       |                                    | ESTATE TRUST, INC., its sole member |
|       |                                    |
|       |                                    |
|       | By:                                     | /s/ [ILLEGIBLE] |   |
|       | Name:                                   |  [ILLEGIBLE] |   |
|       | Its:                                    |  [ILLEGIBLE] |   |
|            |                                         |  |  |  |  |  |

 

----
| Earnings Available for Fixed Charges (A):          |       |   |    |   |
|----------------------------------------------------|--------------------------------|--------|---------|--------|
|                                               |                           |   |    |   |
| Pre-tax income from continuing operations          |                           | $      | 15      |   |
|                                               |                           |   |    |   |
| Less:                                              |                           |   |    |   |
| Equity in earnings of affiliates, net of dividends |                           |   | (9      | )      |
|                                               |                           |   | 6       |   |
| Add: fixed charges included in earnings:           |                           |   |    |   |
| Interest expense                                   |                           |   | 27      |   |
| Interest element of rentals                        |                           |   | 1       |   |
| Total                                              |                           |   | 28      |   |
|                                               |                           |   |    |   |
| Total earnings available for fixed charges:        |                           | $      | 34      |   |
|                                               |                           |   |    |   |
| Fixed Charges (B):                                 |                           |   |    |   |
| Fixed charges included in earnings                 |                           | $      | 28      |   |
| Capitalized interest                               |                           |   | — |   |
| Total fixed charges                                |                           | $      | 28      |   |
|                                               |                           |   |    |   |
| Ratio of Earnings to Fixed Charges                 |                           |   | 1.21    |   |

----
```

[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Page 102192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29758]

-----------------------------------------------------------------------

POSTAL SERVICE

Product Change--Priority Mail Express, Priority Mail, and USPS 
Ground Advantage[supreg] Negotiated Service Agreement

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[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
December 3, 2024, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 869 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2025-592, K2025-591.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-29758 Filed 12-16-24; 8:45 am]
BILLING CODE 7710-12-P
```
Christoher Donald HAGEMAN, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-5357

District Court of Appeal of Florida, Second District.

Opinion filed September 12, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
TIMOTHY DONALD HELTON , Appellant,

v. STATE OF FLORIDA , Appellee

. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

CASE NO. 1D 13

- 2656

_____________________________/ Opinion filed October 6, 2017. An appeal from the Circuit Co urt for Santa Rosa County

. David Rimmer , Judge

. Andy Thomas, Public Defender, and Barbara J. Busharis, Assistant Public Defender , Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Jennifer J. Moore , Assistant Attorney General, Tallahasse e, for Appellee.

ON REMAND FROM THE FLORIDA SUPREME COURT

P ER CURIAM. We original ly reversed Helton’s conviction for aggravated battery and remanded for a new trial based on this court’s decision in Floyd v. State , 151 So. 3d 452 (Fla. 1st DCA 2014). However, the Florida Supreme Court quashed our original opinion in this case and remanded for reconsideration upon application of2 its decision in State v. Floyd , 186 So. 3d 1013 (Fla. 2016). Based on that decision, we reject Helton’s argument that the ju ry instructions regarding the duty to retreat were fundamentally erroneous. However, we agree that Helton’s conviction for aggravated battery was improperly reclassified from a second

- degree felony to a first

- degree felony under section 775.087(1), Florida Statutes (2010), b ased on the use of a weapon , which was an essential element of the offense. In finding Helton guilty of aggravated battery, the jury determined that in the course of committing the aggravated battery, Helton both “caused great bodily ha rm, permanent disability or permanent disfigurement to [the victim]” and “used a deadly weapon.” Helton’s conviction for aggravated battery under both statutory theories cannot be reclassified pursuant to section 775.087(1) because it cannot be determined that the conviction was not based on the use of a deadly weapon. Frasier v. State , 132 So. 3d 365 (Fla. 1st DCA 2014). Accordingly, we reverse and remand for resentencing of the offense as a second

- degree felony.
AFFIRMED in part; REVERSED in part; and REMANDED for resentencing

. ROBERTS , JAY , and M.K. THOMAS, J J

. , CONCUR.
OFFICE OF THE AHORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable John C. Marburger 

county Attorney 

Fayette County 

LB Orange, Texas 

Dear sir: 

gent uhose wife 

ty county district 

ted Mamh 19, 1941, 

considered. we quote 

on on the Softo be acme contention that 

Court would not be authorill i.nsursnoe sroln this 

e his~vlfe is a deputy 

.; receives her pay~as such. 

', b,.:. ;a.':. ,~' "St keems to me that there Is no pro- 

) 1 hibition of any kind vhlch vould prevent the. 

:zzpz OS such lasuranoe Srom this Insurance 

It ceFtainlp 'is not 8 violation of 

.,.~ of our Nepotism lav (Articles 

38 P. G.), nor any other statutory law 
Honorable John C. Marburger, Page 2 

or judlalal rulFng of thin state. I have 

been unable to find any direct euthorlt!es 

on thle point, but it 1.9 my opinion that 

the Commiesloners Court could. l.egslly pv.rchase Insurance for build,l.ngs zuul property 

belonging to the county even though the 

vise of such insurance salesmen js a deputy 

County Clerk." 

I 

Article 43%: Fonnl Code 01' Texas, reads as follows: 

"No officer of this State or any officer of any dlstrl.ct. county, city, precinct, school district, or other mun~clpal 

subdlvlsion of this State, or any officer 

or member of any State, district, county, 

city, school district or other munlclpal 

board, or judge of any court, created by - 

or under authority of eny general or special 

law of this State.. or any member of the Legislature, shall appoint, or vote for, or 

confirm the appointment to any oSfice,.pos!.- 

tion, clerkship, employment or duty, OS any 

pereon related vithin the second degree by 

~affinity or vithln the third degree by consanguinity to the person so appointing or 

so voting, or to any other member OS any 

such board, the Legislature, or court of 

which such person 80 appointing or voting 

may be a member, when the salary, Sees, or 

compensation of such Appointee is to be paid 

for. directly or indirect1 

pub& funds or fees of of F 

out of or from 

ice 

or &aracter vhateoever." 

of any kind 

From the facts given in your request, we are of the 

opinion that the agent and the members of the commlzwloners' 

court are not prohibited by the terms of the lOepotism Lav of 

the State of Texas Srom entering into a Contract for the purchase of insurance to cover county buildings. Neither do we 

think that there is any prohibition under the Nepotism Law 

that the wife of the agent is a deputy county olerk of the 

county. 
Honorable John C. Marburger, Page :, 

We trust thnt we have Sully unsvered your inquiry. 

Yours vmy truly 

ATTORIiZY GFXERAL OF TEXAS 

&l#L-q 2zJ7sliarold McCracken 

Assistant
Melvin BENJAMIN, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-2439

District Court of Appeal of Florida, Second District.

November 15, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
B.W., Appellant/Petitioner(s), v. DEPT. OF CHILDREN & FAMILIES, Appellee/Respondent(s).

CASE NO.: 2D17-1316

District Court of Appeal of Florida, Second District.

September 5, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 20
- 0 256 STATE OF MONTANA,

Plaintiff and Appellee,
v. INESSA VICTORIA HALL, aka INNA VIKTOROVNA POSTOLNIKOVA, aka NESSA CHRISMAN ,

Defendant and Appellant
.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including November 27 , 20 20 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

October 21 2020

10/21/2020

Case Number: DA 20-0256