alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
STRONG PORTFOLIO HOLDINGS, LLC, Appellant, v. GMAC MORTGAGE, LLC, Samuel Carlile, Heritage Key Association, Inc. and Bayview Loan Servicing, LLC, Appellees.

Case No. 5D18-796

District Court of Appeal of Florida, Fifth District.

Opinion filed December 21, 2018

Richard H. Weisberg, of Law Offices of Richard H. Weisberg, P.A., Sanford, for Appellant.

Adam M. Topel, of Liebler, Gonzalez & Portuondo, Miami, for Appellee, Bayview Loan Servicing, LLC.

No Appearance for other Appellees.

PER CURIAM.

Strong Portfolio Holdings, LLC, appeals two final orders on its supplemental motion to intervene and vacate the final judgment of foreclosure and cancel sale. We reverse and remand for further proceedings.

Two different trial judges entered conflicting orders on Strong Portfolio's supplemental motion to intervene. The original trial judge considered the matter at a hearing, took it under advisement, and ordered the parties to submit memoranda of law. While the matter was under advisement, the original trial judge was transferred to a different division. Nonetheless, shortly thereafter, the original trial judge entered an order indicating an evidentiary hearing was necessary on Strong Portfolio's *1007supplemental motion to intervene. The next day, not realizing that the original trial judge had entered an order setting the matter for an evidentiary hearing, the trial judge now assigned to the case denied the supplemental motion to intervene. Before the trial court could sort out the matter, Strong Portfolio filed its notice of appeal in order to preserve its appellate rights.

It is clear that the orders are in conflict. Hence, we reverse both orders and remand the cause with instructions for the trial court to resolve the conflict. In doing so, we express no opinion on the merits of the underlying dispute.

REVERSED and REMANDED.

ORFINGER, TORPY and EVANDER, JJ., concur.
Exhibit 13.2  CERTIFICATION OF JONATHAN SYMONDS, CHIEF FINANCIAL OFFICER OF NOVARTIS AG PURSUANT TO SECTION 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 Novartis AG (the Company) on Form 20-F for the period ending December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certify that to the best of our knowledge:  1.The Report fully complies with the requirements of Section 13(a) 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/  JONATHAN   SYMONDSName:
Jonathan   SymondsTitle:
Chief Financial Officer  Date: January 27, 2011
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

December 28, 2007 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 134116(29) Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices 

Plaintiff-Appellee, 

v SC: 134116 

 COA: 274116 
 Wayne CC: 94-009537-01 

CONRAD ERIC SANDERS,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the motion for reconsideration of this Court’s September 

10, 2007 order is considered, and it is DENIED, because it does not appear that the order 

was entered erroneously. 

d1217 

I, Corbin R. Davis, 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. 

December 28, 2007 

 Clerk
<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 States Code, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the
undersigned, as Chief Executive Officer of CNB Financial Services, Inc. (the
"Company"), does hereby certify that:

     (1)  The Company's Annual Report on Form 10-K (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/ Rebecca S. Stotler
                                        ----------------------------------------
                                        Rebecca S. Stotler
                                        Chief Financial Officer
                                        March 30, 2007


                                       81
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 18-11516

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

EDDIE ESTUARDO GALINDO-MENDEZ,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 5:18-CR-25-1

Before CLEMENT, ELROD, and OLDHAM, Circuit Judges.

PER CURIAM:*

Eddie Estuardo Galindo-Mendez appeals the sentence imposed for his 

bank robbery conviction under 18 U.S.C. § 2113(a). For the first time on 

appeal, Galindo-Mendez argues that his placement of an apparent pipe bomb 

during the robbery did not justify an enhancement for a dangerous weapon 

that was “otherwise used” under U.S.S.G. § 2B3.1(b)(2)(D). 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

September 26, 2019

Lyle W. Cayce

Clerk

 Case: 18-11516 Document: 00515134187 Page: 1 Date Filed: 09/26/2019
No. 18-11516

2

We review Galindo-Mendez’s unpreserved argument under the plain 

error standard. See Puckett v. United States, 556 U.S. 129, 135 (2009). To 

establish plain error, Galindo-Mendez must show (1) a forfeited error (2) that 

is clear or obvious and (3) that affects his substantial rights. See Id. If he 

makes such a showing, we have the discretion to correct the error but only if 

(4) it seriously affects the fairness, integrity, or public reputation of judicial 

proceedings. See id.

Section 2B3.1(b)(2) provides for a four-level increase if a “dangerous 

weapon was otherwise used.” “‘Otherwise used’ . . . means that the conduct did 

not amount to the discharge of a firearm but was more than brandishing, 

displaying, or possessing a firearm or other dangerous weapon.” U.S.S.G. 

§ 1B1.1, comment. (n.1(I)); see § 2B3.1, comment. (n.1). In light of the location 

of the apparent bomb and the nature of the specific threat indicated by the note 

that Galindo-Mendez handed to the bank teller, he has not shown clear or 

obvious error in the district court’s application of the enhancement under 

§ 2B3.1(b)(2)(D). See Puckett, 556 U.S. at 135; United States v. Dunigan, 555 

F.3d 501, 505-06 (5th Cir. 2009). 

AFFIRMED.

 Case: 18-11516 Document: 00515134187 Page: 2 Date Filed: 09/26/2019
### Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk September 6, 2011

t0829 

# Order

September 6, 2011

143153

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 143153 COA: 302144 Macomb CC: 2 009-005484-FH JEROME PATRICK TOAL, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal the April 4, 2011 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
EXHIBIT 99.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER



I, Timothy Conley, Chief Financial Officer of Valicert, Inc. (the Registrant), do hereby certify
in accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:



(1)  the Annual Report on Form 10-K of the Registrant, to which this certification is attached as an exhibit
(the Report), fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and



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

|                       |  |  |  | 
|---------------------- |  |  |  | 
|                      
|Dated:  March 17, 2003 |  |  |  | 
|                       |  |  |  |
<PAGE>
                                                                       EXHIBIT 6


            MAXCOM TELECOMMUNICACIONES, S.A. DE C.V. AND SUBSIDIARY
                       COMPUTATION OF EARNINGS PER SHARE



<Table>
<Caption>
                                             1999          2000                    2001
                                         ----------     ----------     -----------------------------
<S>                                    <C>             <C>            <C>              <C>
Weighted-average common shares
outstanding............................  10,264,827     11,463,667      13,748,445        13,748,445

Net loss for the period................ Ps (247,059)   Ps.(623,299)    Ps.(653,110)     U.S.$(71,331)
Net loss per share..................... Ps.  (24.07)   Ps   (54.37)    Ps.  (47.50)     U.S.$  (5.19)

</Table>

                                     E-285
<PAGE>

                                                                  EXHIBIT 10.1.9


                                             February 14, 2006


Asia Automotive Acquisition Corporation
401 South Old Woodward, Suite 450
Birmingham, Michigan 48009

Rodman & Renshaw, LLC
1270 Avenue of the Americas, 16th Floor
New York, NY 10020

                  Re:      Initial Public Offering

Gentlemen:

                  The undersigned stockholder of Asia Automotive Acquisition
Corporation ("Company"), in consideration of Rodman & Renshaw, LLC ("Rodman &
Renshaw") entering into a letter of intent ("Letter of Intent") to underwrite an
initial public offering of the securities of the Company ("IPO") and embarking
on the IPO process, hereby agrees as follows (certain capitalized terms used
herein are defined in paragraph 4 hereof):

                  1. If the Company solicits approval of its stockholders of a
Business Combination, the undersigned will vote all Insider Shares owned by it
in accordance with the majority of the votes cast by the holders of the IPO
Shares.

                  2. In the event that the Company fails to consummate a
Business Combination within 18 months from the effective date ("Effective Date")
of the registration statement relating to the IPO (or 24 months under the
circumstances described in the prospectus relating to the IPO), the undersigned
will vote all Insider Shares owned by it in favor of the Company's decision to
liquidate. The undersigned hereby waives any and all right, title, interest or
claim of any kind in or to any distribution of the Trust Fund (as defined in the
Letter of Intent) and any remaining net assets of the Company as a result of
such liquidation with respect to its Insider Shares ("Claim") and hereby waives
any Claim the undersigned may have in the future as a result of, or arising out
of, any contracts or agreements with the Company and will not seek recourse
against the Trust Fund for any reason whatsoever.



<PAGE>


                  3. The undersigned will escrow its Insider Shares for the two
year period commencing on the Effective Date subject to the terms of a Stock
Escrow Agreement which the Company will enter into with the undersigned and an
escrow agent acceptable to the Company.

                  4. As used herein, (i) a "Business Combination" shall mean an
acquisition by merger, capital stock exchange, asset or stock acquisition,
reorganization or otherwise, of an operating business selected by the Company;
(ii) "Insiders" shall mean all officers, directors and stockholders of the
Company immediately prior to the IPO; (iii) "Insider Shares" shall mean all of
the shares of Common Stock of the Company owned by an Insider prior to the IPO;
and (iv) "IPO Shares" shall mean the shares of Common Stock issued in the
Company's IPO.


                                    Globis Overseas Fund, Ltd.


                                    By:
                                             ----------------------------------
                                             Name:
                                             Title:
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 41 Introduced in House (IH)]

113th CONGRESS
  1st Session
H. RES. 41

Expressing support for designation of February 12, 2013, as Darwin Day 
    and recognizing the importance of science in the betterment of 
                               humanity.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 22, 2013

Mr. Holt submitted the following resolution; which was referred to the 
              Committee on Science, Space, and Technology

_______________________________________________________________________

                               RESOLUTION

 
Expressing support for designation of February 12, 2013, as Darwin Day 
    and recognizing the importance of science in the betterment of 
                               humanity.

Whereas Charles Darwin's theory of evolution by the mechanism of natural 
        selection, together with the monumental amount of scientific evidence he 
        compiled to support it, provides humanity with a logical and 
        intellectually compelling explanation for the diversity of life on 
        Earth;
Whereas the validity of Darwin's theory of evolution by natural selection is 
        further strongly supported by the modern understanding of the science of 
        genetics;
Whereas it has been the human curiosity and ingenuity exemplified by Darwin that 
        has promoted new scientific discoveries that have helped humanity solve 
        many problems and improve living conditions;
Whereas the advancement of science must be protected from those unconcerned with 
        the adverse impacts of global warming and climate change;
Whereas the teaching of creationism in some public schools compromises the 
        scientific and academic integrity of the United States education 
        systems;
Whereas Charles Darwin is a worthy symbol of scientific advancement on which to 
        focus and around which to build a global celebration of science and 
        humanity intended to promote a common bond among all of Earth's peoples; 
        and
Whereas February 12, 2013, is the anniversary of the birth of Charles Darwin in 
        1809 and would be an appropriate date to designate as Darwin Day: Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (1) supports the designation of Darwin Day; and
            (2) recognizes Charles Darwin as a worthy symbol on which 
        to celebrate the achievements of reason, science, and the 
        advancement of human knowledge.
                                 <all>
```
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 27, 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 17, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 1117 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-896, K2025-897.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-31000 Filed 12-26-24; 8:45 am]

BILLING CODE 7710-12-P
Exhibit 13.1











Certification of the Principal Executive Officer pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





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 Aeterna Zentaris Inc. (the “Company”) on Form 20-F for the year ended December 31, 2012 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Juergen Engel, President and 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:


(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.





Dated: March 21, 2013








/s/ Juergen EngelProf. Dr. Juergen EngelPresident and Chief 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 Quarterly Report of Digital Network Alliance International, Inc. (the "Company") on Form 10-QSB for the period ending March 31, 2005 (the "Report"), I, Terence Yap Wing Khai, President, CEO, and a director 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 requirement 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 Company's
> financial position and results of operations.

/s/Terence Yap Wing Khai



Terence Yap Wing Khai, President, CEO and

 a director

May 13, 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 Trend Mining Company (the
"Company") on Form 10-QSB for the period ended March 31, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, John P.
Ryan, Chief Financial 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.

/s/  John P. Ryan
-----------------
Chief Financial Officer

Dated:  August 16, 2003


<PAGE>
CARROLLWOOD CROSSINGS PROPERTY OWNERS ASSOCIATION, INC., Petitioner, v. R & R LANDSCAPING AND LAWNCARE, INC., and Gro-Max, Inc., Respondents.

Case No. 2D18-3012

District Court of Appeal of Florida, Second District.

Opinion filed January 30, 2019

Barbara J. Prasse and Roxanne Carnegie of Barbara J. Prasse, P.A., Tampa, for Petitioner.

Richard F. Meyers of The Meyers Firm, P.A., Temple Terrace, for Respondent R & R Landscaping and Lawncare.

No appearance for remaining Respondent.

PER CURIAM.

Dismissed.

NORTHCUTT, SILBERMAN, and SLEET, JJ, Concur.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

November 9, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-20896

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE HERNANDEZ, also known as Jose R. Hernandez, also known

as Jose Refugio Hernandez, also known as Jose 

Hernandez-Refugio,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas 

USDC No. 4:05-CR-263-ALL

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

Before BARKSDALE, DeMOSS, and PRADO, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Jose Hernandez

raises arguments that are foreclosed by Almendarez-Torres v.

United States, 523 U.S. 224, 235 (1998), which held that 8 U.S.C.

§ 1326(b)(2) is a penalty provision and not a separate criminal

offense, and by United States v. Riascos-Cuenu, 428 F.3d 1100,

1101-02 (5th Cir. 2005), petition for cert. filed (U.S. Jan. 9,

2006) (No. 05-8662), which held that a challenge to the district

court's order requiring the defendant to cooperate in the
No. 05-20896

-2-

collection of a DNA sample as a condition of supervised release

is not ripe for review on direct appeal. The Government’s motion

for summary affirmance is GRANTED.

JUDGMENT AFFIRMED; APPEAL DISMISSED IN PART.
Giovanni LOWE, Appellant, v. HOOTERS OF BEACH PLACE/FHM INSURANCE COMPANY/USIS, Appellees.

No. 1D18-1677

District Court of Appeal of Florida, First District.

January 3, 2019

William F. Souza of Law Offices of William F. Souza, P.A., North Miami Beach, for Appellant.

Scott A. Cole, Brian A. Dominguez and Kip Lassner of Cole Scott & Kissane, P.A., Miami, for Appellees.

Per Curiam.

AFFIRMED.

Rowe, Ray, and Osterhaus, JJ., concur.
Opinion issued September 18, 2012.

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-12-00877-CV

———————————

IN RE JOHN MYUNG, RELATOR

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

By petition of writ of mandamus, relator, Dr. John Myung, challenges the

trial court’s order compelling his oral deposition.1

We deny the petition for writ of mandamus and dismiss the motion for 

temporary relief as moot. 

 

1

The underlying case is Curocom Energy LLC v. Woolim Resources Development 

Company, LTD, et al., No. 2009-06630, in the 165th District Court of Harris

County, Texas, the Honorable Josefina Rendon presiding.
2

PER CURIAM

Panel consists of Chief Justice Radack and Justices Bland and Huddle.