alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Gregory NIPPER, Appellant, v. SUNCOAST CREDIT UNION, Appellee.

Case No. 2D18-2758

District Court of Appeal of Florida, Second District.

Opinion filed April 26, 2019

Adam Stevens of Powell of Jackman, Stevens & Ricciardi, P.A., Fort Myers, for Appellant.

Theodore J. Hamilton of Wetherington Hamilton, P.A., Tampa, for Appellee.

LUCAS, Judge.

Gregory Nipper appeals a summary judgment entered against him in a credit card collection case brought by Suncoast Credit Union (Suncoast). He argues that Suncoast was not entitled to summary judgment because it proffered no evidence or argument to refute his affirmative defenses that some of the charges to his credit card account were not authorized and that Suncoast failed to mitigate its damages. From our de novo review, we must conclude that Mr. Nipper's view of the record is correct. *See**ALS Maxim I LLC v. Katsenko*, 218 So.3d 472, 473 (Fla. 2d DCA 2017) (noting that an appellate court reviews a trial court's entry of summary judgment de novo and that "[s]ummary judgment is appropriate 'only if there is no genuine issue of material fact and if the moving party is entitled to judgment as a matter of law' " (quoting *Reed v. Schutz Litig. LLC*, 117 So.3d 486, 488 (Fla. 2d DCA 2013) ) ). In order "to establish *irrefutably* that the nonmoving party *cannot* prevail were a trial to be held," *id.* (quoting *Land Dev. Servs., Inc. v. Gulf View Townhomes, LLC*, 75 So.3d 865, 868 (Fla. 2d DCA 2011) ), we have repeatedly said that a plaintiff moving for summary judgment "must conclusively refute the factual bases" for any asserted affirmative defenses "or establish that they are legally insufficient," *Lucey v. 1010 Logic, Inc.*, 208 So.3d 1236, 1238 (Fla. 2d DCA 2017) (emphasis omitted) (quoting *Coral Wood Page, Inc. v. GRE Coral Wood, LP*, 71 So.3d 251, 253 (Fla. 2d DCA 2011) ); *see also**Morroni v. Household Fin. Corp. III*, 903 So.2d 311, 312 (Fla. 2d DCA 2005) ; *Balun v. Tucci*, 549 So.2d 257, 257-58 (Fla. 2d DCA 1989). Because Suncoast did not meet that burden here, we are compelled to reverse the circuit court's entry of summary judgment in Suncoast's favor and remand this case for further proceedings.

Reversed and remanded.

VILLANTI and ROTHSTEIN-YOUAKIM, JJ., Concur.
# C_2019255EN.01000601.xml

| 29.7.2019 | EN | Official Journal of the European Union | C 255/6 |
| --- | --- | --- | --- |

29.7.2019

EN

Official Journal of the European Union

C 255/6

---

Judgment of the Court (First Chamber) of 15 May 2019 (request for a preliminary ruling from the Centrale Raad van Beroep — Netherlands) — M. Çoban v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen

(Case C-677/17) (1)

(Reference for a preliminary ruling - EEC-Turkey Association Agreement - Additional Protocol - Article 59 - Decision No 3/80 - Social security for migrant workers - Waiver of residence clauses - Article 6 - Invalidity benefit - Withdrawal - Regulation (EC) No 883/2004 - Special non-contributory cash benefits - Residence condition - Directive 2003/109/EC - Long-term resident status)

(2019/C 255/07)

Language of the case: Dutch

Referring court

Centrale Raad van Beroep

Parties to the main proceedings

Applicant: M. Çoban

Defendant: Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen

Operative part of the judgment

The first subparagraph of Article 6(1) of Decision No 3/80 of the Association Council of 19 September 1980 on the application of the social security schemes of the Member States of the European Communities to Turkish workers and members of their families, in conjunction with Article 59 of the Additional Protocol, signed on 23 November 1970 in Brussels and concluded, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 of 19 December 1972, must be interpreted as not precluding a national provision, such as that at issue in the main proceedings, which withdraws a supplementary benefit from a Turkish national who returns to his country of origin and who holds, at the date of his departure from the host Member State, long-term resident status, within the meaning of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents.

---

(1)  OJ C 94, 12.3.2018.

---
Michael Lee KING, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-2889

District Court of Appeal of Florida, Fifth District.

Decision filed March 26, 2019

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Frank ROBERTS, III, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-839

District Court of Appeal of Florida, Fifth District.

Decision filed April 30, 2019

**FLORIDA DECISION WITHOUT PUBLISHED OPINION.**

AFFIRMED.
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 Annual Report of GlobalSantaFe Corporation (the Company) on Form 10-K for the period ended December 31, 2005, as filed with the
Securities and Exchange Commission (the Report), I, Jon A. Marshall, 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 to
the best of 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.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                                                     
|-----------------------------------------------------
|                                                     
|/s/ Jon A. Marshall                                  
|Jon A. Marshall Chief Executive Officer March 2, 2006
Frank P. ROSSOTTO, Appellant/Petitioner(s), v. WACHOVIA BANK NATIONAL ASSOCIATION, Appellee/Respondent(s).

CASE NO.: 2D18-3870

District Court of Appeal of Florida, Second District.

March 06, 2019

**FLORIDA DECISION WITHOUT PUBLISHED OPINION**

Denied.
CERTIFICATION
      PURSUANT TO 18 U.S.C. SECTION 1350,


AS
      ADOPTED PURSUANT BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In
      connection with the Annual Report of NetSol Technologies, Inc. on Form 10-KSB
      for the period ending June 30, 2008, as filed with the Securities and Exchange
      Commission on the date hereof (the "Report"), the undersigned, Tina Gilger,
      Chief Financial Officer of the Company, certifies, pursuant to 18 U.S.C. Section
      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.





Date:
      September 19, 2008





/s/
                Tina GilgerTina
                Gilger, Chief Financial Officer
Case 3:05-cv-00035-R Document 13 Filed 08/04/05 Page 1 of 1 PageID 76
EX PARTE Labarron PERKINS, Sr.

CR-16-1342

Court of Criminal Appeals of Alabama.

November 1, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Mand. pet. dismissed.
Helen MOORE, et al. v. MACQUARIE INFRASTRUCTURE REAL ASSETS, et al.

No. 2018-C-0088

Supreme Court of Louisiana.

March 2, 2018

Denied.
Ezra RAULERSON, IV, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-4462

District Court of Appeal of Florida, Second District.

Opinion filed April 5, 2019

Howard L. Dimmig, II, Public Defender, and Carol J. Y. Wilson, Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Dawn A. Tiffin, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed.

NORTHCUTT, KELLY, and ATKINSON, JJ., Concur.
IV 

119TH CONGRESS 

1ST SESSION H. RES. 11 

Authorizing and directing certain authorizing committees to review laws within 

their jurisdiction and submit to the Committee on Oversight and Government Reform changes in such laws necessary to eliminate excessive 

Executive Branch discretion in the application of those laws. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2025 

Mr. DAVIDSON submitted the following resolution; which was referred to the 

Committee on Rules 

RESOLUTION 

Authorizing and directing certain authorizing committees to 

review laws within their jurisdiction and submit to the 

Committee on Oversight and Government Reform 

changes in such laws necessary to eliminate excessive 

Executive Branch discretion in the application of those 

laws. 

1 Resolved, 

2 SECTION 1. SHORT TITLE. 

3 This resolution may be cited as the ‘‘Fair Represen4 tation Amendment’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HRES 11 IH 

1 SEC. 2. AUTHORIZING COMMITTEE ACTIONS. 

2 (a) IN GENERAL.—Within 6 months after the date 

3 of adoption of this resolution, the committees listed in sub4 section (b) shall review laws within their jurisdiction and 

5 submit to the Committee on Oversight and Government 

6 Reform changes in those laws sufficient to eliminate exces7 sive Executive Branch discretion in the application of 

8 those laws. 

9 (b) COMMITTEES SUBJECT TO SUBSECTION (a).— 

10 The following committees shall comply with subsection (a): 

11 (1) Committee on Agriculture. 

12 (2) Committee on Armed Services. 

13 (3) Committee on the Budget. 

14 (4) Committee on Energy and Commerce. 

15 (5) Committee on Education and the Work16 force. 

17 (6) Committee on Financial Services. 

18 (7) Committee on Foreign Affairs. 

19 (8) Committee on the Judiciary. 

20 (9) Committee on Natural Resources. 

21 (10) Committee on Oversight and Government 

22 Reform. 

23 (11) Committee on Science, Space, and Tech24 nology. 

25 (12) Committee on Small Business. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HRES 11 IH 

1 (13) Committee on Transportation and Infra2 structure. 

3 (14) Committee on Veterans Affairs. 

4 (15) Committee on Ways and Means. 

5 (16) Permanent Select Committee on Intel6 ligence. 

7 SEC. 3. LEGISLATIVE PROCEDURE. 

8 Upon receiving all the recommendations made pursu9 ant to section 1, the Committee on Oversight and Govern10 ment Reform shall expeditiously report legislation carrying 

11 out all such recommendations without any substantive re12 vision. The short title of this legislation shall be the Article 

13 One Restoration Act. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
IN RE GUARDIANSHIP OF Faye Arlene HOWARD, an incapacitated person,

George Augustine, Appellant, v. Suzanne Sarris, as guardian of Faye Arlene Howard, an incapacitated person, Appellee.

Case No. 2D18-1709

District Court of Appeal of Florida, Second District.

Opinion filed April 24, 2019.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Jorge YERO, Appellant, v. The STATE of Florida, Appellee.

No. 3D19-110

District Court of Appeal of Florida, Third District.

Opinion filed March 6, 2019

**FLORIDA DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

DAVID C. PATKINS,

 Plaintiff - Appellant,

 v.

R. GONZALES; et al.,

 Defendants - Appellees.

No. 11-17413

D.C. No. 2:10-cv-03440-KJMDAD

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Kimberly J. Mueller, District Judge, Presiding

Submitted February 18, 2014** 

Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.

California state prisoner David C. Patkins appeals pro se from the district

court’s judgment dismissing his 42 U.S.C. § 1983 action alleging retaliation and

due process violations in connection with a false rules violation report. We have

jurisdiction under 28 U.S.C. § 1291. We review de novo. Whitaker v. Garcetti,

FILED

FEB 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).
486 F.3d 572, 579 (9th Cir. 2007) (dismissal under Heck v. Humphrey, 512 U.S.

477 (1994)); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000) (dismissal under

28 U.S.C. § 1915A). We affirm.

The district court properly dismissed Patkins’s action as Heck-barred

because Patkins failed to allege facts showing that the results of the disciplinary

hearing, including the loss of good-time credits, has been invalidated. See

Edwards v. Balisok, 520 U.S. 641, 645 (1997) (challenge to loss of good-time

credits not cognizable under § 1983); Heck, 512 U.S. at 486-87 (§ 1983 claims that

necessarily challenge the fact or duration of confinement are barred unless the

underlying conviction or sentence has been invalidated).

We reject Patkins’s contention that this court improperly denied his motion

to stay appellate proceedings.

We do not consider matters not specifically and distinctly raised and argued

in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009)

(per curiam).

AFFIRMED.

2
Case 3:00-cv-02377-N Document 20 Filed 05/10/01 Page 1 of 1 PageID 58
Paul G. MEAD, Appellant, v. STATE of Florida and Department of Corrections, Appellees.

Case No. 5D18-2713

District Court of Appeal of Florida, Fifth District.

Decision filed February 26, 2019 Rehearing Denied April 3, 2019

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
<PAGE>
                                                                    Exhibit 10.4


                                  July 10, 2003


U.S. Plastic Lumber, Ltd.
2300 Glades Road, Suite 440 West
Boca Raton, Florida 33431
Attn:  Mark Alsentzer, CEO


         Re: Notice of Event of Default under Loan and Security Agreement

Dear Mr. Alsentzer:

                  Reference is made to the Loan and Security Agreement dated as
of December 19, 2002 (as amended, restated, supplemented and modified from time
to time, the "Loan Agreement") between U.S. Plastic Lumber, Ltd., a Delaware
corporation ("Company"), and Guaranty Business Credit Corporation, a Delaware
corporation ("GBCC"). Terms used herein with initial capital letters, to the
extent not otherwise defined herein, shall have the meanings given in the Loan
Agreement.

                  Notice is hereby given that one or more Events of Default
exist and are continuing due to Company's failure to comply with the terms and
conditions of: (a) the Company's failure to maintain Senior Debt Service
Coverage for the month of May, 2003 as required by Section 7.3 of the Loan
Agreement and (b) the Company's failure to maintain Total Debt Service Coverage
for the month of May, 2003 as required by Section 7.4 of the Loan Agreement

                  As a result of these Events of Default, GBCC reserves the
right to resort to all remedies available under the Loan Agreement and at law,
including without limitation terminating the Loan Agreement and declaring all
Obligations immediately due and payable. Any forbearance by GBCC in immediately
exercising such rights and remedies shall not constitute a waiver or
modification thereof.

                  Please call me if you wish to discuss the foregoing.


                                           Very truly yours,

                                           Guaranty Business Credit Corporation



                                  Greg Carasik


cc:      U.S. Plastic Lumber Corp.
         2300 Glades Road, Suite 4400
         Boca Raton, FL 33486

         U.S. Plastic Lumber Finance Corporation
         2300 Glades Road, Suite 4400
         Boca Raton, FL 33486

         U.S. Plastic Lumber IP Corporation
         2300 Glades Road, Suite 4400
         Boca Raton, FL 33486
Exhibit
13.1





PRINCIPAL
EXECUTIVE OFFICER CERTIFICATION


PURSUANT
TO 18 U.S.C. SECTION 1350





In connection with this Annual Report ofGolden
State Petro (IOM 1-A) PLC(the “Company”) on Form
20-F for the annual period ended December 31, 2008, as filed with the Securities
and Exchange Commission (the “SEC”) on or about
the date hereof (the “Report”), I, Tor
Olav Trøim, the Principal 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 andresults of operations of the
Company.





A signed original ofthis written statement has been provided to the Company
and will be retained by the Company and furnished to the SEC or its staff upon
request.





Date: April 22, 2009









/s/Tor Olav Trøim________


Tor Olav
Trøim


Principal Executive Officer
Dwayne Tyrone SMITH, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-2723

District Court of Appeal of Florida, Fifth District.

Decision filed March 26, 2019

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

HECTOR HERNANDEZ, #1026078, )

Petitioner, )

)

v. ) 3:05-CV-1294-D

)

DOUGLAS DRETKE, Director, Texas )

Department of Criminal Justice, )

Correctional Institutions Division, ) 

Respondent. )

ORDER

After conducting a de novo review, the Court finds that the Findings, Conclusions and

Recommendation of the Magistrate Judge are correct, and they are adopted as the findings and

conclusions of the Court. Accordingly, treating petitioner’s letter, filed June 25, 2005, as a motion

for extension of time to file a federal habeas corpus petition, the petition is dismissed without

prejudice for want of jurisdiction by judgment filed today.

Signed August 4, 2005.

_________________________________

SIDNEY A. FITZWATER

UNITED STATES DISTRICT JUDGE

 

 Case 3:05-cv-01294-D Document 3 Filed 08/04/05 Page 1 of 1 PageID 14
Felix Jerome SOLOMON v. STATE

CR-16-0316

Court of Criminal Appeals of Alabama.

December 8, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Paul M. HARRIS, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-1923

District Court of Appeal of Florida, Second District.

Opinion filed April 5, 2019.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Russell Joseph PERRONE v. Shawn W. ROGERS

Russell J. Perrone, Individually, and as Provisional Administrator of the Succession of Randall William Perrone, Russell J. Perrone,

John J. Perrone and Deborah H. Perrone v. Shawn W. Rogers

Deborah H. Perrone and John J. Perrone, Jr. v. Shawn W. Rogers

NO. 2018-C-0101

Supreme Court of Louisiana.

March 2, 2018

Denied.

HUGHES, J., would grant.
EXHIBIT 32.1 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 DYNAMIC ALERT LIMITED (the "Company") on Form 10-QSB for the period ended September 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Audrey Reich, Chief Executive 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:

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

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



|Date: November 14, 2007
|-----------------------



|By:/s/ Audrey Reich
|-------------------



| | Audrey ReichPresident/CEO and principal executive officer
| | ---------------------------------------------------------

---
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 Swinging Pig Productions, Inc. a Florida corporation (the "Company") on Form 10-Q for the period ending September 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Daniel Mirman, Chief Financial Officer of the Company, certifies to the best of his knowledge, 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 result of operations of the Company.





A signed original of this written statement required by Section 906 has been provided to Swinging Pig Productions, Inc., and will be retained by Swinging Pig Productions, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.





/s/ Daniel MirmanDaniel Mirman

Chief Financial Officer

November 22, 2010







20
EX PARTE Garrick Demetrice CLOPTON

1160869 (CR-16-0103)

Supreme Court of Alabama.

August 11, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Cert. denied.
Herbert Lee BUTLER, Appellant, v. Officer Christian CASANOVA and Hallandale Beach Police Department, Appellees.

No. 4D18-1876

District Court of Appeal of Florida, Fourth District.

[April 18, 2019]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Case 3:05-cr-00158-M Document 94 Filed 03/07/08 Page 1 of 1 PageID 292
Case 3:05-cv-01124-B Document 5 Filed 07/07/05 Page 1 of 1 PageID 13
Antonio Deon REED v. STATE

CR-16-0296

Court of Criminal Appeals of Alabama.

July 14, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Reh. denied.
**Exhibit 32**

** **

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350**

** **

In connection with theQuarterly Report of KKR Financial Corp. (the “Company”) on Form 10-Q forthe period ending June 30, 2006 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), Saturnino S. Fanlo, ChiefExecutive Officer of the Company, and Jeffrey B. Van Horn, Chief FinancialOfficer of the Company, each 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 therequirements of section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

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

 

August 2, 2006

 
|            |       | /s/ SATURNINO S. FANLO                                                                           |
|------------|------------|--------------------------------------------------------------------------------------------------|
| ** ** | ** ** | **Saturnino S. Fanlo   Chief Executive Officer   (Principal Executive Officer)**                 |
| ** ** | ** ** | ** **                                                                                       |
| ** ** | ** ** | ** **                                                                                       |
|       |       | /s/ JEFFREY B. VAN HORN                                                                          |
| ** ** | ** ** | **Jeffrey B. Van Horn   Chief Financial Officer   (Principal Financial and Accounting Officer)** |

 

----