alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Court of Appeals

S

Fifth District of Texas at Dallas

MANDATE

TO THE 162ND JUDICIAL DISTRICT COURT OF DALLAS COUNTY, GREETINGS:

Before the Court of Appeals for the Fifth District of Texas, on the 21st day of July, 2017, the 

cause on appeal to revise or reverse the judgment between

STEPHEN COURTNEY, M.D. AND 

PLANO ORTHOPEDICS SPORTS 

MEDICINE AND SPINE CENTER, P.A., 

Appellants

No. 05-16-01124-CV V.

CHRISTEL PENNINGTON, 

INDIVIDUALLY AND AS AN HEIR 

AND REPRESENTATIVE OF THE 

ESTATE OF STEVEN PAUL 

PENNINGTON, DECEASED, Appellee

On Appeal from the 162nd Judicial District 

Court, Dallas County, Texas

Trial Court Cause No. DC-16-03386.

Opinion delivered by Justice Brown, 

Justices Francis and Schenck participating.

was determined; and this Court made its order in these words:

In accordance with this Court’s opinion of this date, the trial court’s November 4, 2016 

order is REVERSED and this cause is REMANDED to the trial court for further proceedings 

consistent with this opinion.

It is ORDERED that appellants STEPHEN COURTNEY, M.D. AND PLANO 

ORTHOPEDICS SPORTS MEDICINE AND SPINE CENTER, P.A. recover their costs of this 

appeal from appellee CHRISTEL PENNINGTON, INDIVIDUALLY AND AS AN HEIR AND 

REPRESENTATIVE OF THE ESTATE OF STEVEN PAUL PENNINGTON, DECEASED.

WHEREFORE, WE COMMAND YOU to observe the order of the Court of Appeals 

for the Fifth District of Texas, in this behalf, and have it duly obeyed and executed.
–2–

WITNESS the HON. CAROLYN WRIGHT, Chief Justice of the Court of Appeals, with 

the Seal thereof affixed, at the City of Dallas, this 31st day of January, 2018.

S L M

LISA MATZ, Clerk
<PAGE>
                                                                    EXHIBIT 21.1


<TABLE>
<CAPTION>
-------------------------------------------------------------------------------------------------------------------
                           Subsidiaries of
               American Medical Systems Holdings, Inc.                       Jurisdiction of Incorporation
-------------------------------------------------------------------------------------------------------------------
<S>                                                                          <C>
American Medical Systems, Inc.                                                         Delaware
-------------------------------------------------------------------------------------------------------------------

American Medical Systems Australia Pty. Ltd.                                           Australia
-------------------------------------------------------------------------------------------------------------------

American Medical Systems Benelux B.V.B.A.                                               Belgium
-------------------------------------------------------------------------------------------------------------------

American Medical Systems Canada Inc.                                                    Canada
-------------------------------------------------------------------------------------------------------------------

American Medical Systems France S.a.r.l.                                                France
-------------------------------------------------------------------------------------------------------------------

American Medical Systems Deutschland GmbH                                               Germany
-------------------------------------------------------------------------------------------------------------------

American Medical Systems Iberica S.L.                                                    Spain
-------------------------------------------------------------------------------------------------------------------

American Medical Systems U.K. Ltd.                                                  United Kingdom
-------------------------------------------------------------------------------------------------------------------

AMS Research Corporation                                                               Delaware
-------------------------------------------------------------------------------------------------------------------

AMS Sales Corporation                                                                  Delaware
-------------------------------------------------------------------------------------------------------------------

Influence Medical Technologies, Ltd.                                                    Israel
-------------------------------------------------------------------------------------------------------------------
</TABLE>
[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]



# United States Court of Appeals

**For the First Circuit**

No. 00-1981 UNITED STATES, Appellee, v. CARLOS FIGUEROA-CARDONA, a/k/a El Primo, a/k/a Charlie, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO [Hon. Daniel R. Domínguez, U.S. District Judge ] Before Selya, Lynch and Lipez, Circuit Judges .
Victor Ramos Rodriguez on brief for appellant. Guillermo Gil , United States Attorney, Jorge E. VegaPach eco , Assistant United States Attorney, and Nelson PerezSosa , Assistant United States Attorney, on brief for appellee.
September 25, 2000-2- Per Curiam . The notice of appeal in this matter was filed one day late. Still, after a thorough review of the record and of the parties’ submissions, we find that the merits of the appeal favor the appellee. Thus, we bypass the jurisdictional question. See United States v. Woods , 210 F.3d 70 (1 stCir. 2000). We affirm the order of detention, essentially for the reasons set out by the district judge in his written order.

Affirmed . 1 stCir. Loc. R. 27(c).
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-7087

MELVIN MURTIS AUSTIN,

Plaintiff - Appellant,

versus

UNITED STATES OF AMERICA; UNITED STATES DEPARTMENT OF JUSTICE; BUREAU OF PRISONS,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, District Judge.

(CA-00-198-5-F)

Submitted: December 12, 2000 Decided: December 28, 2000

Before WILLIAMS and MOTZ, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed as modified by unpublished per curiam opinion.

Melvin Murtis Austin, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Local Rule 36(c).
2

PER CURIAM:

Melvin Murtis Austin appeals the district court’s order dismissing his Federal Torts Claim Act complaint for failure to

exhaust administrative remedies. Based on the information before

the district court, the court properly dismissed the action for

failure to exhaust. Accordingly, we affirm on the reasoning of the

district court. Austin v. United States, No. CA-00-198-5-F

(E.D.N.C. July 25, 2000). Because Austin may refile his action

after exhaustion, we modify the dismissal to be without prejudice.

28 U.S.C. § 2106 (1994). We decline to consider in the first

instance materials that may be proof of exhaustion that Austin attached to his informal brief filed in this court. We dispense with

oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would

not aid the decisional process.

AFFIRMED AS MODIFIED
<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

     In connection with the Quarterly Report of United Energy Corp. (the
"Company") on Form 10-QSB for the period ending September 30, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
James McKeever, Interim Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. 'SS' 1350, as adopted pursuant to 'SS' 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 result of operations of the
Company.


Dated:   November 15, 2004             By: /s/ James McKeever
                                          ------------------------------------
                                               James McKeever
                                               Interim Chief Financial Officer


This certification accompanies this Report on Form 10-QSB pursuant to Section
906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent
required by such Act, be deemed filed by the Company for purposes of Section 18
of the Securities Exchange Act of 1934, as amended.

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 with the electronic version of this written statement
required by Section 906, 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.



                                       27
Jewel GRIER, Appellant, v. STATE of Florida, Appellee.

No. 4D18-2342

District Court of Appeal of Florida, Fourth District.

[November 21, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit 15.1    CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM  Exhibit 15.1  We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 filed on October 1, 2004 (File No. 333-119475), on Form S-8 filed on September 5, 2006 (File No. 333-137112), on Form S-8 filed on October 29, 2009 (File No. 333-162727), on Form S-8 filed on January 18, 2011 (File No. 333-171739), on Form S-8 filed on April 8, 2011 (File No. 333-173382), on Form S-8 filed on September 12, 2014 (File No. 333-198706), and on Form F-3 filed on September 18, 2015 (File No. 333-207004) of Novartis AG of our report dated January 24, 2017 relating to the consolidated financial statements and the effectiveness of internal control over financial reporting, which appears in this Form 20-F.  PricewaterhouseCoopers AG   /s/Bruno Rossi

/s/Stephen JohnsonBruno Rossi

Stephen JohnsonAudit expert

Global Relationship   PartnerAuditor in charge  Basel, January 24, 2017  PricewaterhouseCoopers AG, St. Jakobs-Strasse 25, CH-4002 Basel, Switzerland Telephone: +41 58 792 51 00, Facsimile: +41 58 792 51 10, www.pwc.ch  PricewaterhouseCoopers AG is a member of a global network of companies that are legally independent of one another.
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Jerry Lewis JONES, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-1209

District Court of Appeal of Florida, Second District.

Opinion filed October 31, 2018

Jerry Lewis Jones, pro se.

PER CURIAM.

Affirmed. *See* Fla. R. App. P. 9.315 ; *Baker v. State*, 878 So. 2d 1236 (Fla. 2004) ; *State v. Broom*, 523 So. 2d 639 (Fla. 2d DCA 1988) ; *Farrell v. State*, 62 So. 3d 20 (Fla. 1st DCA 2011) ; *Branch v. State*, 990 So. 2d 585 (Fla. 3d DCA 2008) ; *Thier v. State*, 967 So. 2d 259 (Fla. 3d DCA 2007).

CASANUEVA, CRENSHAW, and BLACK, JJ., Concur.
AVOCET AVIATION SERVICES, LLC, Appellant, v. TRANSCARGA INTL AIRWAYS, C.A., INC., Appellee.

Case No. 5D18-393

District Court of Appeal of Florida, Fifth District.

Decision filed January 15, 2019

Miguel Armenteros and Lilian Rodriguez-Baz, of Perlman, Banjandas, Yevoli & Albright, P.L., Coral Gables, for Appellant.

Warren P. Gammill, of Warren Gammill & Associates, P.L., Miami, for Appellee.

PER CURIAM.

AFFIRMED.

EVANDER, C.J., COHEN and BERGER, JJ., concur.
Dandre Curtez RUSSELL, DOC# R79128, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-3205

District Court of Appeal of Florida, Second District.

Opinion filed November 28, 2018

Howard L. Dimmig, II, Public Defender, and Karen M. Kinney, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Brandon R. Christian, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

*669We affirm the order revoking Mr. Russell's probation and imposing sentence without comment. However, as the trial court recognized in its order denying Mr. Russell's motion to correct sentencing error, the scoresheet erroneously assessed four additional legal status points and twelve additional community violation points. Accordingly, we remand for the court to correct those errors. *See**Montanez v. State*, 160 So.3d 540, 541 (Fla. 2d DCA 2015).1

Affirmed; remanded with instructions.

KHOUZAM, LUCAS, and SALARIO, JJ., Concur.

1

We note that even where a scoresheet error is innocuous, like in this case, the trial court should ensure that any mistakes of which it is aware are corrected before entering a judgment. *See**Holmes v. State*, 109 So.3d 1191, 1192 (Fla. 2d DCA 2013) ("[T]o avoid questions in future proceedings, we remand for the scrivener's error on the scoresheet to be corrected."). A trial court should not decline, as the trial court did in this case, to rectify minor sentencing errors on the ground that the errors are harmless. *See* Philip J. Padovano, *Florida Appellate Practice* § 27:4 (2018 ed.) ("The harmless error rule is designed to encourage a realistic approach to *appellate review* by allowing the *appellate courts* to consider not only the existence of error at the trial level, but the effect of the error." (emphasis added) ).
DISMISS and Opinion Filed May 14, 2021 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-20-01044-CV 

RYAN FONTAINE AND PROGRESSIVE PAYMENT SYSTEMS, 

Appellants 

V. 

ESSENCE MASERATI, EWING HURST, LLC, Appellees 

On Appeal from the County Court at Law No. 6 

Collin County, Texas 

Trial Court Cause No. 006-00419-2020 

MEMORANDUM OPINION 

Before Justices Molberg, Goldstein, and Smith 

Opinion by Justice Smith 

Appellants’ brief in this case is overdue. By postcard dated April 13, 2021, 

we notified appellants the time for filing their brief had expired. We directed 

appellants to file a brief and an extension motion within ten days. We cautioned 

appellants that failure to file their brief by that time might result in the dismissal of 

this appeal without further notice. To date, appellants have not filed a brief, filed an 

extension motion, nor otherwise corresponded with the Court regarding the status of 

this appeal. 
 –2– 

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b), 

(c). 

201044F.P05 

 

/Craig Smith/

CRAIG SMITH 

JUSTICE 
 –3– 

S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

RYAN FONTAINE, 

PROGRESSIVE PAYMENT 

SYSTEMS, Appellants 

No. 05-20-01044-CV V. 

ESSENCE MASERATI, EWING 

HURST, LLC, Appellees 

 On Appeal from the County Court at 

Law No. 6, Collin County, Texas 

Trial Court Cause No. 006-00419-

2020. 

Opinion delivered by Justice Smith. 

Justices Molberg and Goldstein 

participating. 

 In accordance with this Court’s opinion of this date, the appeal is 

DISMISSED. 

 It is ORDERED that appellees ESSENCE MASERATI and EWING 

HURST, LLC recover their costs of this appeal from appellants RYAN 

FONTAINE and PROGRESSIVE PAYMENT SYSTEMS. 

Judgment entered May 14, 2021
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 19

- 10362 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
BARRY LALANE HARRELL , Defendant

- Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:11

- CR

- 196

- 5

Before JONES, ELROD, and OLDHAM, Circuit Judges.
PER CURIAM: * Barry Lalane Harrell appeals the 24

- month s entence of imprisonment imposed following the revocation of his supervised release

. He contends that the sentence is substantively unreasonable because the district court failed to adequately consider his history and characteristics, focused solely on his criminal history, and imposed a sentence above the advisory policy range without a dequate justification

.

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED January 23, 2020

Lyle W. Cayce Clerk Case: 19-10362 Document: 00515283058 Page: 1 Date Filed: 01/23/2020No. 19

- 10362

2 The record reflects that t he district court heard Harrell’s arguments for leniency based on his history and characteristics and implicitly considered those arguments but determined that the 24

- month sentence was appropriate based on the applicable 18 U.S.C. § 3553(a) factors, in view of Harrell’s criminal history and supervised release violations. We must give due deference to the district court’s sentencing decision and decline to reweigh the applicable § 3553(a) factors. See Gall v. United States , 552 U.S. 38, 51 (2007)

. With respect to challenges to substantive reasonableness, w e have routinely upheld revocation sentences exceeding the advisory policy range , even where, as here, the sentence equals the statutory maximum

. United States v. Warren , 720 F.3d 321, 332 (5th Cir. 2013)

. Under the totality of the circumstances, the sentence in this case was not an abuse of discretion

. See id. AFFIRMED. Case: 19-10362 Document: 00515283058 Page: 2 Date Filed: 01/23/2020
```

[Federal Register Volume 89, Number 250 (Tuesday, December 31, 2024)]
[Notices]
[Page 107152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31179]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

National Institute of Diabetes and Digestive and Kidney Diseases; 
Notice of Closed Meeting

    Pursuant to section 1009 of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Diabetes and Digestive 
and Kidney Diseases; Initial Review Group Fellowships in Kidney, 
Urology, and Hematology Fellowships in Kidney, Urology, and 
Hematology.
    Date: February 12, 2025.
    Time: 8:00 a.m. to 6:00 p.m.
    Agenda: To review and evaluate grant applications.
    Address: National Institutes of Health, NIDDK, Democracy II, 
Suite 7000A, 6707 Democracy Boulevard, Bethesda, MD 20892.
    Meeting Format: Virtual Meeting.
    Contact Person: Xiaodu Guo, M.D., Ph.D. Scientific Review 
Officer, National Institute of Diabetes and Digestive and Kidney 
National Institute of Health, 6707 Democracy Boulevard, Rm 7023, 
Bethesda, MD 20892-5452, (301) 594-4719, [email protected].

(Catalogue of Federal Domestic Assistance Program Nos. 93.847, 
Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive 
Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology 
and Hematology Research, National Institutes of Health, HHS)

    Dated: December 20, 2024.
Miguelina Perez,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2024-31179 Filed 12-30-24; 8:45 am]
BILLING CODE 4140-01-P
```
CERTIFICATE OF
              PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER
                             PURSUANT TO 18 U.S.C. SECTION 1350,


In connection with the accompanying Amended Quarterly Report on Form 10-Q/A
of NanoSignal Corporation, Inc. for the quarter ended June 30, 2004, I,
Jeffrey Sternberg, Chief Executive Officer and Chief Financial Officer of CEC
Industries Corp. hereby certifies pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the
best of my knowledge and belief, that:



     1.       Such Quarterly Report on Form 10-Q for the period ended June 30,
              2004, 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 such Quarterly Report on Form 10-Q
              for the period ended June 30, 2004, fairly presents, in all
              material respects, the financial condition and results of
              operations of CEC Industries Corp.

Dated:  August 24, 2004

NANOSIGNAL CORPORATION, INC.


By  /s/  Mr. Scott Ervin
    ------------------------------
       Mr. Scott Ervin, CEO
Timysha Devondra SIMPO, Appellant, v. STATE of Florida, Appellee.

No. 1D16-4114

District Court of Appeal of Florida, First District.

August 15, 2018 Rehearing Denied October 4, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.