alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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 Proguard Acquisition Corp.
(the "Company") on Form 10-Q for the quarter ended September 30, 2009
as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Allerton Towne, 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 result of
operations of the Company.

/s/Allerton Towne
-----------------------------
Allerton Towne
Chief Executive Officer

November 9, 2009


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 Proguard Acquisition Corp.
(the "Company") on Form 10-Q for the quarter ended September 30, 2009,
as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Norman Becker, 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 result of
operations of the Company.

/s/Norman Becker
-----------------------------
Norman Becker
Chief Financial Officer

November 9, 2009
**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 Capital Resource Funding, Inc. (the
      "Company") on Form 10-QSB for the period ended August 31, 2006 filed with the
      Securities and Exchange Commission on the date hereof (the "Report"), I, Laura
      Koran, Chief Financial Officer of the Company for the quarter ending August
      31,
      2006, 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 result of operations of the Company.
   October
        18, 2006
  CAPITAL
        RESOURCE FUNDING, INC.
 
 By:  /s/
        Laura Koran
 Laura Koran
 Chief Financial Officer
 for the Quarter ending August 31, 2006
**EXHIBIT 32.1**

 

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report on Form 10-Qof Comstock Homebuilding Companies, Inc. (the “Company”) for the quarterended September 30, 2005 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), each of Christopher Clemente,Chairman and Chief Executive Officer of the Company and Bruce Labovitz, ChiefFinancial Officer of the Company, certify, to our best knowledge and belief,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that

 

(1)                                  TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and

 

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

 

 
| Date: November 10, 2005 | /s/ Christopher Clemente             |   |
|------------------------------|--------------------------------------|--------|
|                         | Christopher Clemente                 |
|                         | Chairman and Chief Executive Officer |
|                         |                                 |
| Date: November 10, 2005 | /s/ Bruce Labovitz                   |   |
|                         | Bruce Labovitz                       |
|                         | Chief Financial Officer              |

 

 

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

 

----
**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 Lakeside Mortgage Fund, LLC (the
“Company”), on Form 10-Q for the period ended March 31, 2008, as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Placido
      H. Canta, Chief Financial Officer of Lakeside Financial Group, Inc., the Manager
      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 result of operations of the Company.








Dated:  May
                20, 2008
            /s/
                Placido H. CantaPlacido
                H. Canta,Chief
                Financial Officer of ManagerLakeside
                Financial Group, Inc.
D & D TRACTOR AND TRUCK SERVICE, INC., Appellant/Cross-Appellee, v. BORUCH-DAVID, LLC f/k/a Boruch-David, Inc., Brevard Land Materials, Inc., Appellees/Cross-Appellants.

Case No. 5D17-2327

District Court of Appeal of Florida, Fifth District.

Decision filed March 5, 2019

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
# C_2018399EN.01001401.xml

| 5.11.2018 | EN | Official Journal of the European Union | C 399/14 |
| --- | --- | --- | --- |

5.11.2018

EN

Official Journal of the European Union

C 399/14

---

Order of the Court (Sixth Chamber) of 11 September 2018 — Allstate Insurance Company v European Union Intellectual Property Office (EUIPO)

(Case C-542/17 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - EU trade mark - Application for registration of the word mark DRIVEWISE - Dismissal of the application - Regulation (EC) No 207/2009 - Article 7(1)(c) - Article 7(2) - Article 75 - Descriptive character - Neologism composed of elements each of which is descriptive of the characteristics of the goods or services concerned - Intended purpose of the goods or services - Distortion - Duty to state reasons))

(2018/C 399/18)

Language of the case: English

Parties

Appellant: Allstate Insurance Company (represented by: G. Würtenberger and R. Kunze, Rechtsanwälte)

Other party to the proceedings: European Union Intellectual Property Office (EUIPO) (represented by: K. Markakis, acting as Agent)

Operative part of the order

| 1. | The appeal is dismissed as manifestly unfounded. |
| --- | --- |

1.

The appeal is dismissed as manifestly unfounded.

| 2. | Allstate Insurance Company shall pay the costs. |
| --- | --- |

2.

Allstate Insurance Company shall pay the costs.

---

(1)  OJ C 13, 15.1.2018.

---
Case 3:04-cv-01357-M Document 16 Filed 01/03/06 Page 1 of 1 PageID 104
Britnee Angelique MILLER, Appellant, v. STATE of Florida, Appellee.

No. 1D17-4826

District Court of Appeal of Florida, First District.

April 2, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
**Exhibit 32.1**

**Certification ofChief Executive Officer ofAdvance America, Cash Advance Centers, Inc.Pursuant to 18 U.S.C. Section 1350(Adopted by Section 906 of the Sarbanes-Oxley Act of 2002)**

In connection withthe Quarterly Report on Form 10-Q of Advance America, Cash AdvanceCenters, Inc. (the “Company”) for the quarter ended June 30, 2007, asfiled with the Securities and Exchange Commission (the “Report”), I, Kenneth E.Compton, President and Chief Executive Officer, certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

1.                The Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, and

2.                Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
|                     | /s/ KENNETH  E. COMPTON                 |
|---------------------|-----------------------------------------|
|                | Kenneth E. Compton                      |
| * *            | *President and Chief Executive Officer* |
| August 8, 2007 |                                    |

 

----
Order filed April 11, 2013

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 12

- 01046

- CV

____________ JOHN PAYNE SMITH , Appellant

V. ELSA ISELA JACQUEZ

- SMITH, Appellee

On Appeal from the 312th District Court

Harris County, Texas Trial Court Cause No. 2012

- 30875



### O R D E R
Appellant’ s brief was due March 25, 2013

. No brief or motion for extension
of time has been filed.
Unless appellant submits a brief to the clerk of this court on or before May 9, 2013 , the court will dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).
PER CURIAM
Joseph L. SHORT, Appellant, v. STATE of Florida, Appellee.

No. 1D18-1185

District Court of Appeal of Florida, First District.

March 5, 2019

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20
- 7309

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. JEROME THOMAS , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern District of North Carolina , at Wilmington

. Louise W. Flanagan , District Judge. ( 7:04

- cr - 00095

- FL

- 1 )

Submitted : January 19, 2021 Decided: January 22, 2021

Before AGEE, WYNN, and DIAZ , Circuit Judges.

Affirmed by un published per curiam opinion

.

Jerome Thomas , Appellant Pro Se. Jennifer P. May

- Parker, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinion s are not binding precedent in this circuit.2 PER CURIAM: Jerome Thomas appeals the district court’s order granting a reduction of his sentence pursuant to his motion under Section 404 of the First Step Act of 2018, Pub. L. No. 115

- 391, § 404, 132 Stat. 5 194 , 5122

. Thomas argues that the district court should have reduced his term of supervised release as well. The district court did reduce Thomas’ supervised release as to his drug conviction but, b ecause the term of supervised release as
to Thomas’ fire arms offense was unaffected by the First Step Act, the district court did not

err. Accordingly, we affirm for the reasons stated by the district court. United States v. Thomas , No. 7:04

- cr - 00095

- FL

- 1 (E.D.N.C. Aug. 19, 2020)

. We deny Thomas’ motion for a reduced term of supervised release and w e 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.
AFFIRMED
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

ELOISA MARISOL RESENDIZ,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 12-71130

Agency No. A076-688-423

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted May 13, 2014** 

Before: CLIFTON, BEA, and WATFORD, Circuit Judges. 

Eloisa Marisol Resendiz, a native and citizen of Mexico, petitions for review

of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an

immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C.§ § §

§ 1252. We review de novo constitutional claims and questions of law. Pechenkov

FILED

MAY 28 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
v. Holder, 705 F.3d 444, 449 (9th Cir. 2012). We dismiss in part and deny in part

the petition for review 

Because Resendiz is removable under 8 U.S.C. § 1227(a)(2)(B)(i) based on

her conviction for an offense relating to a controlled substance, and under 8 U.S.C.

§ 1227(a)(2)(A)(iii) based on her conviction for an aggravated felony, our

jurisdiction is limited to colorable constitutional claims or questions of law. See 8

U.S.C. § 1252(a)(2)(C)-(D). Resendiz’s contention that the agency abused its

discretion in determining that she had been convicted of a particularly serious

crime does not raise a constitutional claim or colorable question of law that would

invoke our jurisdiction under 8 U.S.C. § 1252(a)(2)(D). See Pechenkov, 705 F.3d

at 447-49 (holding that § 1252(a)(2)(C) barred review of the agency’s finding that

petitioner’s aggravated felony conviction was a particularly serious crime where

petitioner sought only “a re-weighing of the factors involved in that discretionary

determination”).

We are not persuaded that the BIA erred in noting the drug involved and the

location of the transaction in its determination that Resendiz did not establish that

her drug conviction is not a particularly serious crime. 

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

2 12-71130
**Exhibit
      32.2**




**Certification
      required by Rule 13a-14(b) or**


**Rule
      15d-14(b) and Section 906 of**


**the
      Sarbanes-Oxley Act of 2002**




In
      connection with the Quarterly Report of NGP Capital Resources Company (the
      “Company”) on Form 10-Q for the period ended September 30, 2005, as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), I,
      Richard A. Bernardy, Secretary, Treasurer 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 to my knowledge:




(1)  The
      Report fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934, as amended; and




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




November
                10, 2005
            /s/
                Richard A. BernardyRichard
                A. Bernardy,Secretary,
                Treasurer and Chief Financial
                Officer




A
      signed
      original of this written statement required by Section 906 has been provided
      to
      NGP Capital Resources Company and will be retained by NGP Capital Resources
      Company and furnished to the Securities and Exchange Commission or its staff
      upon request.




26
Exhibit 31.3

CERTIFICATION OF CHIEF FINANCIAL OFFICER

Required by Rule 13a-14(a), created by Section 302 of the Sarbanes-Oxley Act of 2002

I, Roque A. Santi,
certify that:

1. I have reviewed this quarterly report on Form 10-Q/A of ECC Capital Corporation;

2. Based on my knowledge, this report does not contain any untrue statement of a material 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 all material 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 officers and I are responsible for establishing and maintaining disclosure controls
and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) designed such disclosure controls
and procedures, or caused such 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, particularly during the period in which this report is being prepared;

b) evaluated the effectiveness of the
registrant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 financial reporting that
occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) 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 officers and I have disclosed, based on our most recent evaluation of
internal control over financial 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 over financial 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 in the registrants internal control over financial reporting.

Dated: October 26, 2006



/s/ Roque A. SantiRoque A. SantiChief Financial Officer (Principal Financial Officer)
Sotirios PATATOUKOUS and Katerina Zagoreos v. H & E EQUIPMENT SERVICES, INC. and Genie Industries, Inc.

NO. 2019-CC-0102

Supreme Court of Louisiana.

March 18, 2019

Denied.
Steven Mark HAYDEN v. William B. CASHION et al.

1160291

Supreme Court of Alabama.

August 25, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
David L. DOOD, Appellant, v. Lori L. DOOD, Appellee.

Case No. 2D18-1046

District Court of Appeal of Florida, Second District.

Opinion filed April 12, 2019

Anthony M. Candela of Candela Law, P.A., Riverview, for Appellant.

Bradley G. Johnson of Bradley G. Johnson, P.A., Milton, for Appellee.

PER CURIAM.

*255David Dood, the former husband, appeals the final judgment dissolving his marriage to Lori Dood, the former wife. He challenges the alimony, child support, and attorney fee award on appeal. Because he has not provided this court with a transcript, we are precluded from reviewing the sufficiency of the evidence to support the alimony and child support awards or the former wife's entitlement to attorney fees. *See* *Esaw v. Esaw*, 965 So.2d 1261, 1264-65 (Fla. 2d DCA 2007) (explaining that a failure to provide a transcript or an adequate substitute is "usually fatal" to the appellant's claim that the trial court failed to make adequate findings under section 61.08); *see also* *Frezza v. Frezza*, 216 So.3d 758, 760 (Fla. 2d DCA 2017) ("While an award of attorney's fees in a dissolution proceeding pursuant to section 61.16 and *Rosen [v. Rosen*, 696 So.2d 697 (Fla. 1997) ] requires specific findings of fact to support the trial court's entitlement determination, such findings may be made in the written final judgment *or* at the hearing. In the absence of a hearing transcript, we cannot say that the trial court erred in this regard." (citations omitted) ).

However, we reverse the portion of the final judgment awarding attorney fees because the trial court did not include any findings justifying the amount of the award. *See* *Macarty v. Macarty*, 29 So.3d 434, 435 (Fla. 2d DCA 2010) ("[A]n award of attorney's fees without adequate findings justifying *the amount* of the award is reversible even where the appellant has provided an inadequate record of the trial court proceedings." (alteration in original) (emphasis added) (quoting *Esaw*, 965 So.2d at1265 ) ); *see also* *Ivanovich v. Valladarez*, 190 So.3d 1144, 1148 (Fla. 2d DCA 2016) ("The lack of findings supporting the award of attorney's fees is reversible error despite the [appellant's] failure to provide an adequate record of the hearing."); *R.M.F. v. D.C.*, 55 So.3d 684 (Fla. 2d DCA 2011) (same). Accordingly, we remand for the trial court to make the necessary findings required under *Florida Patient's Compensation Fund v. Rowe*, 472 So.2d 1145, 1151 (Fla. 1985).

Affirmed in part, reversed in part, and remanded with instructions.

SLEET, ROTHSTEIN-YOUAKIM, and ATKINSON, JJ., Concur.