alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ARCH INSURANCE COMPANY,

Appellant,

v.

KUBICKI DRAPER, LLP, a law firm,

Appellee.

No. 4D17-2889

[March 20, 2019]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Patti Englander Henning, Judge; L.T. Case No. 08 25361 

(26).

Benjamin J. Biard and Brittany P. Borck of Winget Spadafora 

Schwartzberg, LLP, Miami, and Frank A. Shepherd and Lesley-Anne Marks 

of GrayRobinson, P.A., Miami, for appellant.

Christopher J. Lynch and Steven K. Hunter of Hunter & Lynch, Coral 

Gables, for appellee.

ON APPELLANT’S MOTION FOR CERTIFICATION

TO THE FLORIDA SUPREME COURT

GERBER, C.J.

By opinion issued January 23, 2019, we affirmed the circuit court’s 

final judgment granting the appellee law firm’s motion for summary 

judgment against the appellant insurer, on the basis that the appellant 

insurer lacked standing to sue the law firm. Arch Ins. Co. v. Kubicki 

Draper, LLP, No. 4D17-2889, 2019 WL 318466 (Fla. 4th DCA Jan. 23, 

2019). We agreed with the circuit court’s reasoning that the insurer was 

not in privity with the law firm, and thus the insurer lacked standing to 

sue the law firm. Id. at *1. We further concluded that the insurer’s suit 

did not qualify under the privity rule’s two exceptions which our supreme 

court has recognized. Id.

The insurer has now filed a motion requesting this court to certify the 

following two questions as questions of great public importance:
2

I. Whether an insurer has standing to maintain a malpractice 

action against counsel hired to represent its insured where the 

insurance company has a duty to defend.

II. Whether the unique tripartite relationship between the insurer, 

insured, and law firm is a limited exception to the strict privity 

rule.

We grant the motion to certify the first proposed certified question. We 

deny the motion to certify the second proposed certified question, which 

we consider to be subsumed within the first proposed certified question.

Therefore, we certify to our supreme court the following question of 

great public importance (slightly restated from the proposed question):

WHETHER AN INSURER HAS STANDING TO MAINTAIN A 

MALPRACTICE ACTION AGAINST COUNSEL HIRED TO 

REPRESENT THE INSURED WHERE THE INSURER HAS A 

DUTY TO DEFEND.

Motion granted in part, denied in part; question of great public importance 

certified.

FORST and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
EXHIBIT 32.1Richard J. DeVries, President and Chief Executive Officer of Pavilion Bancorp, Inc. and Mark D.Wolfe, Chief Financial Officer of Pavilion Bancorp, Inc., certify, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:(1) the Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2006 which thisstatement accompanies fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, and(2) the information contained in the Quarterly Report on Form 10-Q for the quarterly period endedJune 30, 2006 fairly presents, in all material respects, the financial condition and resultsof operations of Pavilion Bancorp, Inc..     Dated: August 10, 2006 /s/ Richard J. DeVries Richard J. DeVries    President and Chief Executive Officer         /s/ Mark D. Wolfe         Mark D. Wolfe    Chief Financial Officer
Exhibit
      32.1




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




In
      connection with the Quarterly Report of Delta Mutual, Inc. (the "Company")
      on Form
      10-Q
      for the quarter ended September 30, 2008 as filed with the Securities and Exchange
      Commission on the date hereof (the "Report"), I, Malcolm W. Sherman, Executive
      Vice President 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;
      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/
                Malcolm W. ShermanMalcolm
                W. ShermanExecutive
                Vice President





November
      18, 2008
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#### Pagination

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<PAGE>

                                                                    EXHIBIT 32.1

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


In connection with the annual report of Narrowstep Inc. (the "Company") on Form
10-KSB for the year ended February 28, 2006 as filed with the Securities and
Exchange Commission on the date therein specified (the "Report"), I, Stephen
Beaumont, President and 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:

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.

Date: April 24, 2006

                                 By:           /s/  Stephen Beaumont
                                      -----------------------------------------
                                                   STEPHEN BEAUMONT
                                        PRESIDENT AND CHIEF EXECUTIVE OFFICER

This Certification is being furnished solely to accompany the Report pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, and shall not be deemed "filed" by the Company for purposes of
Section 18 of the Securities Act of 1933, as amended, or the Securities Exchange
Act of 1934, as amended, whether made before or after the date of this Report,
irrespective of any general incorporation language contained in such filing. A
signed original of this written statement required by Section 906 has been
provided to Narrowstep Inc. and will be retained by Narrowstep Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
Shaborn JOHNSON, Appellant, v. STATE of Florida, Appellee.

No. 1D18-1261

District Court of Appeal of Florida, First District.

November 30, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
M & A GROUP, LLC, Appellant, v. HC LAKESHORE, LLC, Appellee.

Case No. 2D17-1621

District Court of Appeal of Florida, Second District.

Opinion filed June 6, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Glennis Dewain COMBS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-3998

District Court of Appeal of Florida, Second District.

October 25, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
EXHIBIT 23.1b**Consent of Independent Registered Public Accounting Firm**First California Southern Bancorp
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Donald Garry FEHRMAN, Appellant, v. GATEWAY COMMONS II CONDOMINIUM ASSOCIATION, INC., Appellee.

No. 1D17-4555

District Court of Appeal of Florida, First District.

November 19, 2018 Rehearing Denied December 18, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit
32.1


STATEMENT
OF CHIEF EXECUTIVE OFFICER OF


KERYX
BIOPHARMACEUTICALS, INC.


PURSUANT
TO 18 U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the quarterly report of Keryx Biopharmaceuticals, Inc. (the
“Company”) on Form 10-Q for the period ended March 31, 2010 as filed with the
Securities and Exchange Commission (the “Report”), I, Ron Bentsur, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, based on my
knowledge:





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.




Date:May 11,
      2010
              /s/ Ron BentsurRon
      BentsurChief
      Executive OfficerPrincipal
      Executive Officer
EXHIBIT 32.1

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



         In connection  with the Annual Report of Caliber  Energy,  Inc. on Form
10-KSB for the period ending December 31, 2006, as filed with the Securities and
Exchange  Commission on the date hereof (the "Report"),  I, Graeme Scott,  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
the best of my knowledge and belief:

         (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/     Graeme Scott
Graeme Scott
President, CEO and Director
(Principal Executive Officer)


March 30, 2007


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
has been  provided  to the  Company  and will be  retained  by the  Company  and
furnished to the Securities and Exchange Commission or its staff upon request.






<PAGE>
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Johnny VILLAFANE, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-2318

District Court of Appeal of Florida, Fifth District.

Decision filed November 6, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
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