alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
In the INTEREST OF T.J.T., a child.

E.U., Appellant, v. Department of Children and Families and Guardian Ad Litem Program, Appellees.

Case No. 2D18-1637

District Court of Appeal of Florida, Second District.

Opinion filed November 7, 2018

Charalampos G. Demosthenous of The Demosthenous Law Firm, Tampa, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Mary Soorus, Assistant Attorney General, Tampa, for Appellee, Department of Children and Families.

PER CURIAM.

Appellant E.U. (the Mother) appeals the trial court order terminating her parental rights to T.J.T. We reverse the final termination judgment, including the entry of the consent by nonappearance, because the Mother was denied the effective assistance of counsel. The record reflects that the general magistrate declined to rule on the Mother's request for counsel at a judicial review and that the Department of Children and Families misrepresented the nature of the Mother's request for counsel at a subsequent status conference. This unnecessary delay in the appointment of counsel resulted in the trial court entering the Mother's consent by nonappearance while the request for counsel remained pending.1 Furthermore, after counsel was appointed, counsel failed to appear at the manifest best interests hearing. *See**In re D.B.*, 385 So.2d 83 (Fla. 1980) ; *M.M. v. K.P.*, 228 So.3d 718 (Fla. 2d DCA 2017) ; *A.C.N. v. Dep't of Children & Family Servs.*, 814 So.2d 1142 (Fla. 2d DCA 2002) ; *In re M.D.A.*, 517 So.2d 711 (Fla. 4th DCA 1987). The cause is therefore remanded for further proceedings.

Reversed and remanded.

CASANUEVA, SLEET, and LUCAS, JJ., Concur.

1

While we recognize that trial courts are required by statute to enter a consent when a parent fails to appear for an advisory hearing, *see* § 39.801(3)(d), Fla. Stat. (2017), we note that the best practice would be to resolve a pending request for counsel prior to entering a consent by nonappearance.
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J.F., Father of L.F., a Child, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

Case No. 5D18-2820

District Court of Appeal of Florida, Fifth District.

Decision filed December 7, 2018

J. Melanie Slaughter, of J. Melanie Slaughter, P.A., Ocala, for Appellant.

Kelley Schaeffer, Appellate Counsel, Children's Legal Services, Bradenton, for Appellee.

PER CURIAM.

AFFIRMED.

ORFINGER, BERGER and GROSSHANS, JJ., concur.
#### SEABOARD OIL CO. v. ALLEN.

No. 14109.

United States Court of Appeals Fifth Circuit.

June 5, 1953.

*929Elliott Adams, Jacksonville, Fla., Wm. C. McLean, Tampa, Fla., McCarthy, Lane & Adams, Jacksonville, Fla., for appellant.

Warren M. Goodrich, Bradenton, Fla., Willis, Goodrich & Hensley, Bradenton, Fla., for appellee.

Before BORAH, RUSSELL and STRUM, Circuit Judges.

STRUM, Circuit Judge.

Appellee, plaintiff below, recovered judgment against appellant for damage to the engines of automobiles, trucks and other automotive equipment owned by plaintiff, caused by the use of gasoline diluted with diesel oil which defendant had sold to plaintiff as pure gasoline, and which plaintiff used in his equipment without knowledge that it contained diesel oil.

At the close of the evidence, the trial court denied defendant’s motion for instructed verdict and submitted the case to the jury, which returned a verdict for plaintiff, thereby in effect finding that the gasoline was so diluted, and that the presence of diesel oil in the gasoline damaged plaintiff’s equipment.

The case was not tried below upon the doctrine of *res ipsa loquitur,*but upon the basis that proof of negligence upon the part of the defendant was essential to a recovery.

There was no direct evidence that the gasoline was diluted with diesel oil. In Florida, however, it is held that circumstantial evidence alone will support a finding of negligence, the inferences being for the jury to determine where the circumstances shown in evidence are such that reasonable minds might differ as to the conclusions to be drawn. Cobb v. Twitchell, 91 Fla. 539, 108 So. 186, 45 A.L.R. 865; Jones v. Stoddard, 138 Fla. 458, 189 So. 400; Orr v. Avon Florida Citrus Corp., 130 Fla. 306, 177 So. 612; Dehon v. Heidt, 38 So.2d 39; Felshin v. Sir, 149 Fla. 218, 5 So.2d 600; Bassett v. Edwards, 158 Fla. 848, 30 So.2d 374.

There is abundant evidence of circumstances from which it could be reasonably inferred that gasoline delivered by the defendant to plaintiff was diluted with diesel oil, due to the negligence of defendant’s employee operating the delivery truck, and that the diluted gasoline damaged the engines of plaintiff’s equipment, which were designed to use pure gasoline only. The case was therefore properly submitted to the jury.

Affirmed.
**Exhibit 23**

 

Consent of Independent Registered Public Accounting Firm 

 

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (Nos. 333-109349, 333-69806, 333-58143, 333-38827, 333-42124, 333-01215,and 333-04293) and Form S-4 (333-104965) of Catellus Development Corporation of our report, dated March 4, 2005, relating to the consolidated financial statements, financial statement schedules, management’s assessment of the effectiveness ofinternal control over financial reporting and the effectiveness of the internal control over financial reporting, which appears in this Form 10-K. 

 

**/s/    PRICEWATERHOUSECOOPERS LLP**

 

San Francisco, California 

March 4, 2005
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

In connection with the quarterly report of Build-A-Bear Workshop, Inc. (the Company) on Form 10-Q for the period ended
April 3, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Tina Klocke, Chief Operations and Financial Bear, Treasurer and Secretary of the Company, certify, to the best of my knowledge,
pursuant to Rule 13a-14(b) and Section 1350 of Chapter 63 of Title 18 of the United States Code, 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.



/s/ Tina KlockeTina KlockeChief Operations and Financial Bear, Treasurer and SecretaryBuild-A-Bear Workshop, Inc.(Principal Financial Officer)


Date:
May 13, 2010
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 18, 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 6, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 923 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-659, K2025-658.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-29870 Filed 12-17-24; 8:45 am]

BILLING CODE 7710-12-P
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 18, 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 5, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 932 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-670, K2025-669.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-29879 Filed 12-17-24; 8:45 am]

BILLING CODE 7710-12-P
Exhibit 10.6
 
  PRIVATE & CONFIDENTIAL
 
 Appointment as Chief Financial Officer
   provided, however,
  Very truly yours,/s/ F. Edwin HarbachF. Edwin Harbach
Chief Executive Officer and President
BearingPoint, Inc. ACCEPTED:/s/ Eileen A. KamerickEileen Kamerick  1.
    
    Employment Letter dated April 24, 20082.
    
    Managing Director Agreement dated May 12, 20083.
    
    Special Termination Agreement dated May 12, 20084.
    
    Award Notice of Restricted Stock Unit Grant dated April 24, 2008 and associated Restricted
Stock Unit Agreement
**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, 2008 as filed with the
      Securities and Exchange Commission (the “Report”), I, Michael S. Weiss, 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
                12, 2008
            
            /s/
                Michael S. WeissMichael
                S. Weiss
              Chief
                Executive Officer
              Principal
                Executive Officer
```

[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Notices]
[Page 103897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30119]

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

POSTAL SERVICE

Product Change--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 19, 2024.

FOR FURTHER INFORMATION CONTACT: Sean 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 10, 2024, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail & USPS Ground Advantage[supreg] 
Contract 526 to Competitive Product List. Documents are available at 
www.prc.gov, Docket Nos. MC2025-743, K2025-742.

Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-30119 Filed 12-18-24; 8:45 am]
BILLING CODE 7710-12-P
```
Thomas MOAK, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-3824

District Court of Appeal of Florida, Second District.

November 20, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
STATE EX REL. Corderrius Dashon MITCHELL v. STATE of Louisiana

NO. 2017-KH-1928

Supreme Court of Louisiana.

June 15, 2018

Reconsideration granted. Writ denied.
exv10w4






EXHIBIT 10.4




IDEC PHARMACEUTICALS CORPORATION

1988 STOCK OPTION PLAN




AMENDMENT




     The Idec Pharmaceuticals Corporation 1988 Stock Option Plan (“the Plan”) is hereby amended as
follows:


Section V of the Plan is hereby amended by adding a new subsection 7 to read as follows:





	7.	 	Deemed Exercise: Notwithstanding anything to the contrary in this Plan, on the last
day on which an option is exercisable in accordance with the Plan and the terms of the grant
of the option, if the exercise price of the Option is less than the Fair Market Value of the
Common Stock on that day, the stock option will be deemed to have been exercised on a net
share settlement basis at the close of business on that day. As promptly as practicable
thereafter, the Corporation will deliver to the option holder the number of shares underlying
the stock option less the number of shares having a Fair Market Value on the date of the
deemed exercise equal to (i) the aggregate exercise price for the option and (ii) the amount
necessary to satisfy any federal, state and local withholding taxes related to the exercise.





Date: April 18, 2008




	 	 	 	 	 
	 	BIOGEN IDEC INC.

 	 
	 	By:  	/s/ Craig Eric Schneier
 	 
	 	 	Craig Eric Schneier 	 
	 	 	Executive Vice President, Human Resources, Public Affairs &
Communications
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 July 24, 2019

Order 

Clerk

July 24, 2019

159578(28)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

SC: 159578

v COA: 346767

Genesee CC: 13-033246-FC

ANTONIO DEMOND WATKINS, Defendant-Appellant.

_______________________________________/

On order of the Chief Justice, the motion of defendant-appellant to extend the time

for filing his reply is GRANTED. The reply submitted on July 18, 2019, is accepted as 

timely filed.
A.G., a Child, Appellant, v. STATE of Florida, Appellee.

No. 1D18-1130

District Court of Appeal of Florida, First District.

November 14, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Racquel PETERSON, Petitioner, v. STATE of Florida, Respondent.

No. 1D18-2121

District Court of Appeal of Florida, First District.

November 21, 2018

Racquel Peterson, pro se, Petitioner.

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

Per Curiam.

The petition for belated appeal is denied on the merits.

Lewis, Wetherell, and Makar, JJ., concur.
**Exhibit
      10.4**





**AMENDMENT
      TO RESTRICTED STOCK AGREEMENT**





THIS
      AMENDMENT TO RESTRICTED STOCK AGREEMENT (the
“Amendment”) is made and entered into as of the 18 th day of
      February, 2008 by and between SMART
      ONLINE, INC., a
      Delaware company (the “Company”) and JOSEPH
      F.
      TREPANIER (the
“Employee”).





WHEREAS,
      the Company and Employee are parties to an Restricted Stock Agreement dated
      August 15, 2007 (the “Agreement”); and





WHEREAS,
      the Company and Employee have agreed to amend the Agreement as set forth
      below.





NOW,
      THEREFORE, in consideration of the mutual covenants and agreements set forth
      below, and other good and valuable consideration, the receipt and sufficiency
      of
      which are hereby acknowledged, the Company and Employee agree that the Agreement
      shall be amended as follows:





1.  Section
      4(a) of the Agreement is hereby amended by adding the following sentence to
      the
      end of the first paragraph in Section 4(a):





“Notwithstanding
      the foregoing, with respect to the quarterly increment of 3,125 shares of
      restricted stock for which the restriction would expire on May 15, 2008, that
      date will be February 18, 2008.”





2.  Except
      as
      amended hereby, the Agreement shall remain in full force and effect and is
      hereby ratified and confirmed by the Company and Employee in all
      respects.





[Remainder
      of the page intentionally left blank.]








IN
      WITNESS WHEREOF, this Amendment has been duly executed as of the day and year
      set forth above.





**SMART
              ONLINE, INC.**By:
            /s/
                David ColburnName:
            David
                ColburnTitle:
            President/CEO





EMPLOYEE:/s/
                Joseph F. TrepanierJoseph
                F. Trepanier


2