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1656.

#### Stevens *v.*Bunn *et al.*

Action for damages, from city court of Waycross — Judge Myers. December 16, 1908.

Submitted February 25,- —

Decided June 15, 1909.

*J. L. Sweat,*for plaintiff.

*Wilson, Bennett & Lamb din,*for defendants.

Hill, C. J.

1. Under tlie facts the defendants were not operating a railroad within the meaning of the Civil Code, §2321, but were conducting a tramway in connection with their lumber business. *Self*v. *A del Lumber Co.,*5 *Ca. App.*846 (64 S. E. 112) ; *Railey*v. *CaArbuU Lumber Co.,*112 *Ca.*288 (37 S. E. 360).

2. A wood-cuttei-, an engineer, and a brakeman, engaged in cutting, loading, and transporting timber over a tramway to a sawmill for a common master, are fellow servants. *Railey*v. *Carbult Lumber Co.,*supra.

3. The master, except in cases of railroad companies, is not liable to one servant for an injury caused by the negligence of another servant about the same business. Civil Code, §2610.

4. The evidence for the plaintiff showed that he was injured either by his own negligence or the negligence of a fellow servant, or by the joint negligence of both, and without any contributory negligence of the master. The judgment of nonsuit was properly awarded. *Judgment affirmed.*
<PAGE>

                                                                     EXHIBIT 4.1

                              CERTIFICATE OF TRUST


         The undersigned, the trustees of SunTrust Capital ___, desiring to form
a statutory trust pursuant to Delaware Statutory Trust Act, 12 Del. C. Section
3810 et seq., hereby certify as follows:

                (a)     The name of the statutory trust being formed hereby (the
         "Trust") is "SunTrust Capital ___."

                (b)     The name and business address of the trustee of the
         Trust which has its principal place of business in the State of
         Delaware is as follows:

                        Chase Manhattan Bank USA, National Association
                        500 Stanton Christina Road, 3/OPS 4
                        Newark, DE 19713

                (c)     This Certificate of Trust shall be effective as of the
         date of filing.



Dated:  August ___, 2004


                                              ----------------------------------
                                              Raymond D. Fortin
                                              Regular Trustee


                                              ----------------------------------
                                              Gary Peacock, Jr.
                                              Regular Trustee


                                              ----------------------------------
                                              Robert J. Williams, Jr.
                                              Regular Trustee


                                              CHASE MANHATTAN BANK USA,
                                              NATIONAL ASSOCIATION,
                                              as Delaware Trustee


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


                                              J.P. MORGAN TRUST COMPANY,
                                              NATIONAL ASSOCIATION,
                                              as Institutional Trustee


                                              By:
                                                 -------------------------------
                                              Name:
                                              Title:
Aaron Kenny WHITE, Appellant, v. STATE of Florida, Appellee.

No. 1D18-1163

District Court of Appeal of Florida, First District.

February 20, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Hadi BARAKAT d/b/a Barakat Food Store, Appellant, v. FLORIDA OFFICE OF FINANCIAL REGULATION, Appellee.

No. 1D17-3637

District Court of Appeal of Florida, First District.

February 11, 2019

Michael T. King, Neptune Beach, for Appellant.

Anthony Cammarata and Miriam S. Wilkinson A.G.C., Tallahassee, for Appellee.

Per Curiam.

Hadi Barakat appeals the Office of Financial Regulations's denial of his request to contest a final order entered against him as the proprietor of a convenience store that is alleged to have engaged in transactions violating Florida check cashing *294laws. He claims he was out of the country and that the OFR's service of its complaint against him on a shopkeeper and at his parent's home was ineffectual; the OFR counters that service was proper as to both (Barakat had listed his parent's home as an official address) and that Barakat's affidavit is not credible. Under these circumstances, where the OFR has served notice of the complaint in facially valid ways and Barakat claims that notice was invalid based on disputed facts, a limited remand is necessary to adjudge the matter. *See**Avante, Inc. v. Agency for Health Care Admin.* , 722 So.2d 965 (Fla. 1st DCA 1998) ; *Symons v. State, Dep't of Banking and Fin.* , 490 So.2d 1322 (Fla. 1st DCA 1986) ; *Brown v. State, Dep't of Fin. Servs.* , 899 So.2d 1246 (Fla. 4th DCA 2005).

REVERSED and REMANDED .

Lewis, Makar, and M.K. Thomas, JJ., concur.
**Exhibit 15.2**

 

**AWARENESS LETTER OF INDEPENDENTACCOUNTANTS**

 

May 15, 2003 

 

Securities and Exchange Commission 

450 Fifth Street, N.W. 

Washington, D.C. 20549

 

Commissioners: 

 

We are aware that our report dated April 30, 2003 on our review ofinterim financial information of Ribapharm Inc. (the “Company’) as of and for the period ended March 31, 2003 and included in the Company’s quarterly report on Form 10-Q for the quarter then ended is incorporated by reference inits Registration Statement on Form S-8 (File No. 333-91116). 

 

Very truly yours, 

 

/s/    PRICEWATERHOUSECOOPERS LLP 

 

PricewaterhouseCoopers LLP 

Los Angeles, California
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of OraSure Technologies, Inc. (the Company) on Form 10-Q for the
quarter ended March 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ronald H. Spair, Chief Operating Officer and Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. §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/ Ronald H. Spair                                                             
|Ronald H. Spair Chief Operating Officer
and Chief Financial Officer  May 7, 2009
E. T., Appellant/Petitioner(s), v. DEPT. OF CHILDREN & FAMILIES, Appellee/Respondent(s).

CASE NO.: 2D18-2848

District Court of Appeal of Florida, Second District.

January 17, 2019

BY ORDER OF THE COURT:

Because E. T. has failed to serve an initial brief as provided by this court's order of December 14, 2018, this appeal is dismissed for failure to prosecute.

CASANUEVA, MORRIS, ROTHSTEIN-YOUAKIM, JJ., Concur.
Thaddeus Chaylon MARTIN, Appellant, v. The STATE of Florida, Appellee.

No. 3D18-1730

District Court of Appeal of Florida, Third District.

Opinion filed October 10, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
NOTE: This order is nonprecedential 

Wnitrb ~tatr~ ~ourt of ~peaI~ 

for tbe jfeberaI ~ircuit 

MICHAEL S. POWELL, 

Plaintiff-Appellee, 

v. 

THE HOME DEPOT U.S.A., INC., 

Defendant-Appellant. 

2011-1060 

Appeal from the United States District Court for the 

Southern District of Florida in case no. 07-CV-80435, 

Judge Daniel T.K. Hurley. 

ON MOTION 

ORDER 

The parties jointly move to stay proceedings in this 

appeal pending the court's disposition of Powell v. Home 

Depot U.S.A., Inc., 2010-1409, -1416. 

The parties state that they have entered into an 

agreement resolving the issues in this appeal which is 

contingent on the outcome of 2010-1409, -1416. 
POWELL v. HOME DEPOT 2 

Upon consideration thereof, 

IT IS ORDERED THAT: 

(1) The motion to stay the briefing schedule is 

granted. The parties are directed to inform this court, 

within 14 days of the final disposition in 2010-1409, -

1416, concerning how they believe that this appeal should 

proceed. 

(2) A copy of this order shall be transmitted to the 

merits panel assigned to decide 2010-1409, -1416, to 

inform that panel of the agreement in 2011-1060. 

(3) The motion for an extension of time is moot. 

MAR 25 2011 

Date 

cc: Donald R. Dunner, Esq. 

George M. Sirilla, Esq. 

s20 

FOR THE COURT 

/s/ Jan Horbaly 

Jan Horbaly 

Clerk 

FILE" U. COURT OF APPEALS FOR 

THE FEDERAL CIRCUIT 

MAR 25 2011
Benjamin F. GARY, Jr., Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-108

District Court of Appeal of Florida, Fifth District.

Decision filed January 29, 2019

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
In the INTEREST OF K.B., a Child.

M.B., Appellant, v. Department of Children and Families and Guardian Ad Litem Program, Appellees.

Case No. 2D18-508

District Court of Appeal of Florida, Second District.

Opinion filed October 24, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
STATE of Louisiana v. Adam COMEAUX

NO. 2018-KO-0428

Supreme Court of Louisiana.

January 14, 2019

Denied.
**EXHIBIT 31.2**

**CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER**

I, Anthony J. Massetti, certify that: 

1. I have reviewed this quarterlyreport on Form 10-Q of Avaya Inc.; 

2. Based on my knowledge, this report does not contain any untrue statement of amaterial 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 report; 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

4. The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: 

(a) Designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared; 

(b) Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

(c) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control overfinancial reporting, 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 and material weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role inthe registrant’s internal control over financial reporting. 

Date: May 12, 2011
Exhibit 7

|GRAPHIC
|-------
|       
|       
|       

CONSENT OF INDEPENDENT ACCOUNTANTS

We
hereby consent to the use in this Annual Report on Form 40-F of Æterna Zentaris Inc. for the year ended December 31, 2005 of our auditors' report dated
February 28, 2006 on the consolidated balance sheets of Æterna Zentaris Inc. as at December 31, 2005 and 2004 and the consolidated statements of operations, deficit,
other capital and cash flows for each of the years in the three-year period ended December 31, 2005 and of our related Comments by Auditors for U.S. Readers on
Canada-U.S. Reporting Differences dated February 28, 2006.

GRAPHIC

Chartered Accountants

Quebec,
Quebec, Canada
February 28, 2006

PricewaterhouseCoopers
refers to the Canadian firm of PricewaterhouseCoopers LLP and the other member firms of PricewaterhouseCoopers International Limited, each of which is a separate and independent
legal entity.

---



QuickLinks
**EXHIBIT
        32.2**
 
 
 **CERTIFICATION
        PURSUANT TO 18 U.S.C. § 1350**
 
 In
        connection with the filing of the Annual Report of First Northern Community
        Bancorp (the “Company”) on Form 10-K for the year ended December 31, 2005
        (the “Report”), I, Louise A. Walker, the chief financial officer of the Company,
        certify pursuant to 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, to the best of my knowledge,
 
 (i) 
         the Report fully complies with the requirements of section 13(a) or 15(d)
        of the Securities Exchange Act of 1934, and
 
 (ii)  the
        information contained in the Report fairly presents, in all material respects,
        the financial condition and results of operations of the Company.
 
 /s/
                  Louise A. WalkerLouise
                  A. Walker
  March
        16,
        2006
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 19-6433

MARCUS ATKINS,

Petitioner - Appellant,

v.

COMMONWEALTH OF VIRGINIA,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Richmond. John A. Gibney, Jr., District Judge. (3:18-cv-00853-JAG-RCY)

Submitted: June 13, 2019 Decided: June 18, 2019

Before WYNN and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Marcus Atkins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Marcus Atkins seeks to appeal the district court’s order denying relief on his 28 

U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or 

judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). A 

certificate of appealability will not issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies 

relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable 

jurists would find that the district court’s assessment of the constitutional claims is 

debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. 

Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on 

procedural grounds, the prisoner must demonstrate both that the dispositive procedural 

ruling is debatable, and that the petition states a debatable claim of the denial of a 

constitutional right. Slack, 529 U.S. at 484-85. 

We have independently reviewed the record and conclude that Atkins has not 

made the requisite showing. Accordingly, we deny a certificate of appealability, deny 

leave to proceed in forma pauperis, deny Atkins’ motion for a transcript, and dismiss the 

appeal. We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process.

DISMISSED
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