alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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Dismiss and Opinion Filed September 28, 2023

In The 

### Court of Appeals Fifth District of Texas at Dallas

No. 05

- 23

- 00827

- CV

SANDRA CRENSHAW , Appellant

V. LIMESTONE COUNTY JUD GE PATRICK SIMMONS , Appellee

Appeal from Pre

- filing Order

MEMORANDUM OPINION Before Justices Partida

- Kipness, Reichek, and Miskel

Opinion by Justice Miskel
On August 25, 2023, we sent a letter to the parties questioning our jurisdiction

and requested jurisdictional b riefing by September 4, 2023. In our letter, we warned

appellant that the appeal was subject to dismissal without further notice should

appellant fail to file the requested jurisdictional brief. To date, appellant has not
filed the requested brief.

A ccordingly, we dismiss this appeal. See T EX

. R. A PP

. P . 42.3(b)(c).

230827f.p05 /Emily Miskel/ EMILY MISKEL JUSTICE– 2

– 

### Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

SANDRA CRENSHAW, Appellant

No. 05

- 23

- 00827

- CV V.

LIMESTONE COUNTY JUDGE PATRICK SIMMONS, Appellee On Appeal from a Pre

- filing Order. Opinion delivered by Justice Miskel. Justices Partida

- Kipness and Reichek participating.

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

.

Judgment entered this 28 th day of September
, 2023

.
EXHIBIT 99.4

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED BY SECTION 906 OF
THE SARBANES-OXLEY ACT OF 2002

I, Scott Edwards, as Chief Financial Officer of Radix Marine, Inc. (the
"Company") certify, pursuant to 18 U.S.C. Section 1350, as adopted by Section
906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

(1) the accompanying Form 10-QSB report for the period ending September 30, 2003
as filed with the U.S. Securities and Exchange Commission (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.

Dated: November 13 ___, 2003                      /s/ Scott Edwards, CFO
                                                  --------------------------
                                                      Scott Edwards, CFO
#### St. Paul Surplus Lines Insurance Company, Appellant, v Conesus Enterprises, Ltd., Respondent.

— Order unanimously affirmed, with costs, for reasons stated in memorandum decision at Special Term, Galloway, J. (Appeal from order of Supreme Court, Monroe County, Galloway, J. — summary judgment.) Present — Dillon, P. J., Doerr, Boomer, Green and Pine, JJ.
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 on Form 10-Q of Franklin Street
Properties Corp. (the "Company") for the period ended September 30, 2007 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned, John G. Demeritt, Chief Financial Officer of the
Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, that, to his
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 results of operations
            of the Company.


Date:  October 30, 2007                           /s/ John G. Demeritt
                                                  --------------------------
                                                  John G. Demeritt
                                                  Chief Financial Officer
EXHIBIT 32.1



CEO/CFO Certification Pursuant to § 906 of the

Sarbanes-Oxley Act of 2002 (18 U.S.C.§1350)



The undersigned, as the Chief Executive Officer and Chief Financial Officer of Pinnacle Bankshares Corporation, respectively, certify that, to the best of their
knowledge, the Quarterly Report on Form 10-QSB for the period ended March 31, 2004, which accompanies this certification, fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, and the
information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of Pinnacle Bankshares Corporation and subsidiary at the dates and for the periods indicated.



The foregoing certification is made pursuant to § 906 of the Sarbanes-Oxley Act of 2002
(18 U.S.C. § 1350) and shall not be relied upon for any other purpose. The undersigned expressly disclaim any obligation to update the foregoing certification except as required by law.



|                   |  |                                      
|------------------ |  | -------------------------------------
|                   | 
|Date  May 10, 2004 |  | /s/ Robert H. Gilliam, Jr.           
|                   |  | Robert H. Gilliam, Jr., President and
|                   |  | Chief Executive Officer              
|                   | 
|Date  May 10, 2004 |  | /s/ Bryan M. Lemley                  
|                   |  | Bryan M. Lemley, Secretary,          
|                   |  | Treasurer and Chief Financial Officer



A signed original of this written
statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signatures that appear in typed form within the electronic version of this written statement required by Section 906, has been provided to
Pinnacle Bankshares Corporation and will be retained by Pinnacle Bankshares Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
#### Crowe et al. *v.*Crowe et al.

*Partition*— *Right to maintain*— *Outstanding lease with purchase privilege.*

The existence of a lease for five years, renewable for five years, and granting an option to the lessee to purchase the land, is no obstacle to partition.

(Decided June 30, 1919.)

Error: Court of Appeals for Hamilton county.

*Mr. M. F. Roebling*and *Mr. J. T. Rhyn'o,*for plaintiffs in error.

*Mr. Robert P. Hargitt,*for defendants in error.

Shohl, P. J.

Defendants in error were plaintiffs below and brought an action to partition certain property which had been owned by their father, John T. Crowe. It appears from the amended petition that on December 2, 1912, John T. Crowe executed a lease to defendant Michael Crowe for five years, with the privilege of purchase for $12,000 at any time within the life of said lease, and the lease contained a provision for renewal for five years more on the same terms and with the same privilege of purchase. James *44Crowe, one of the heirs of the decedent, demurred to the amended petition, contending that the outstanding lease with option to purchase prevented partition. The court below overruled the demurrer, and the defendants not desiring to plead further a judgment was rendered, to .which they now prosecute error.

To enable a party to maintain an action for partition he must have an estate in possession, one by virtue of which he is entitled to enjoy the rents or the possession as one of the cotenants thereof. *Eberle*v. *Gaier et al.,*89 Ohio St., 118, and *Tabler*v. *Wiseman,*2 Ohio St., 207.

The existence of an ordinary lease for years, under which the tenant is in possession, paying rent to the owners of the fee, is no obstacle to partition among such owners. *Werner*v. *Glass, 16*W. L. B., 354; *Willard*v. *Willard,*145 U. S., 116, and 21 Am. & Eng. Ency. Law (2 ed.), 1153. See also 21 Halsbury’s Laws of England, 841.

The possession of a tenant is regarded as the possession of the landlord, as shown in the foregoing authorities. Plaintiffs in error maintain 'that by reason of the existence of the option to purchase the title is defeasible, and may be defeated by the lessee exercising the option. Their contention is based upon the opinion of the court of appeals for the fourth district in *Fleming*v. *Minx, 4*Ohio App., 406.

The defeasibility of title does not disable plaintiffs from prosecuting partition. The existence of a power of sale outstanding in trustees which might likewise destroy the estate of the lessors does not bar partition. *(Boyd*v. *Alien, 24*CK. *45D., 622.) The owner of a base fee is entitled to partition. *(Askins*v. *Merritt,*254 Ill., 92, and *Pitzer*v. *Morrison, 272*Ill., 291.) The full report of the case of *Fleming*v. *Minx, supra,*shows that the so-called tenant was in fact a *mortgagor*in possession, though nominally she had only a lease with the right to purchase.

The mere existence of the option is insufficient to take the case out of the rule established by the foregoing authorities.

The judgment will be affirmed.

*Judgment affirmed.*

Hamilton and Cushing, JJ., concur.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-START>                             APR-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          12,552
<SECURITIES>                                     3,000
<RECEIVABLES>                                   24,505
<ALLOWANCES>                                   (1,447)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                53,787
<PP&E>                                          21,498
<DEPRECIATION>                                (11,889)
<TOTAL-ASSETS>                                  75,309
<CURRENT-LIABILITIES>                           33,267
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            23
<OTHER-SE>                                      39,292
<TOTAL-LIABILITY-AND-EQUITY>                    75,309
<SALES>                                         51,404
<TOTAL-REVENUES>                                51,404
<CGS>                                           11,530
<TOTAL-COSTS>                                  132,307
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   125
<INTEREST-EXPENSE>                                  10
<INCOME-PRETAX>                               (80,450)
<INCOME-TAX>                                     3,951
<INCOME-CONTINUING>                           (84,401)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (84,401)
<EPS-PRIMARY>                                   (4.12)
<EPS-DILUTED>                                   (4.12)
        

</TABLE>
# C_2009012EN.01S00301.xml

| 17.1.2009 | EN | Official Journal of the European Union | C 12/s3 |
| --- | --- | --- | --- |

17.1.2009

EN

Official Journal of the European Union

C 12/s3

---

NOTE TO THE READER

NOTE TO THE READER

The institutions have decided no longer to quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

---
III 

112TH CONGRESS 

1ST SESSION S. RES. 163 

Commemorating the 175th anniversary of the United States National Library 

of Medicine. 

IN THE SENATE OF THE UNITED STATES 

MAY 4, 2011 

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

Committee on Health, Education, Labor, and Pensions 

RESOLUTION 

Commemorating the 175th anniversary of the United States 

National Library of Medicine. 

Whereas since 1836, the National Library of Medicine has 

played a crucial role in information innovation, revolutionizing the way scientific and medical information is organized, stored, accessed, and disseminated; 

Whereas the National Library of Medicine houses the largest 

and most distinguished collection of health science and 

medical research literature in the world and serves as a 

vital resource to researchers, health professionals, and 

health care consumers; 

Whereas the National Library of Medicine produces and provides free public access to comprehensive online databases of biological, genomic, and clinical research data 

that are a lynchpin to cutting edge biomedical research 


jbell on DSKDVH8Z91PROD with BILLS
2 

•SRES 163 IS 

and are searched more than 2,000,000,000 times each 

year; 

Whereas the National Library of Medicine plays a central 

role in developing health data standards to enable efficient use and exchange of health information in electronic 

health records; 

Whereas the National Library of Medicine has conducted and 

supported training programs for groundbreaking 

informatics research and development for more than 40 

years; 

Whereas the National Library of Medicine is a leading source 

of toxicology, environmental health, and disaster preparedness and response information, including innovative 

use of information technology and mobile devices for first 

responders; 

Whereas the National Library of Medicine has developed a 

wide range of consumer health information resources, 

which have improved the health of citizens of the United 

States and persons around the globe; and 

Whereas the long and distinguished history of the National 

Library of Medicine is worthy of special commemoration 

by the people of the United States: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) commemorates the 175th anniversary of the 

3 United States National Library of Medicine; 

4 (2) salutes the National Library of Medicine for 

5 a long and distinguished record of service to citizens 

6 of the United States and people around the globe, 

7 and for the many contributions of the National LiVerDate Mar 15 2010 01:42 May 05, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\SR163.IS SR163

jbell on DSKDVH8Z91PROD with BILLS
3 

•SRES 163 IS 

1 brary of Medicine in the area of information innova2 tion; and 

3 (3) calls upon the people of the United States 

4 to observe the 175th anniversary of the United 

5 States National Library of Medicine with appro6 priate recognition and activities. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
### IN THE

TENTH COURT OF APPEALS

No. 10

- 20

- 00222

- CV

IN RE AMERICAN ACCESS CASUALTY COMPANY

Original Proceeding

______________

From the County Court at Law

Walker County, Texas

Cause No. 13510CV

MEMORANDUM OPINION

Before the Court are Relator American Access Casualty Company ’ s Petition for

Writ of Mandamus , Relator ’ s Motion for Temporary Rel ief

, and R elator ’ s Motion to

Voluntarily Dismiss Peti tion for Writ of Mandamus. We grant the motion to dismiss,

deny Relator ’ s motion for temporary relief as moot, and dismiss this original proceeding.

See T EX

. R. A PP

. P. 42.1(a).In re American Access Casualty Company Page 2 MATT JOHN SON

Justice

B efore Chief Justice Gray,

Justice N eill , and

Justice Johnson

Dismissed; motions granted and denied

Opinion d elivered and filed May 5, 2021

[ OT 06]
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 93 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                           May 7, 1997.
Whereas the Consumer Price Index currently informs our Nation's monetary policy, 
        and determines both the level of taxes paid and the amount of government 
        benefits received by millions of Americans, many of them on fixed 
        incomes;
Whereas the Consumer Price Index is assumed in these uses to be an accurate and 
        appropriate measurement;
Whereas the Consumer Price Index is only useful if it is a technical, not a 
        political measurement;
Whereas it is of the utmost importance to maintain the integrity and objectivity 
        of the determination process and of the reliability of the Federal 
        statistical system;
Whereas it is the Bureau of Labor Statistics that has the expertise, tools, 
        resources, and experience to maintain this integrity and objectivity; 
        and
Whereas it is vital to protect our senior citizens and others on fixed incomes 
        that we use the most appropriate and accurate criteria: Now, therefore, 
        be it
    Resolved,  That any adjustments to the methodology used to determine the 
Consumer Price Index should be made by the Bureau of Labor Statistics alone.
            Attest:

                                                                          Clerk.
```
# Fourth Court of Appeals

San Antonio, Texas

January 17, 2019

No. 04

- 18

- 00581

- CR

Justin LUNA, Appellant

v.

The STATE of Texas, Appellee

From the 187th Judicial District Court, Bexar County, Texas

Trial Court No. 2012CR9367 Honorable Joey Contreras, Judge Presiding



### O R D E R

Appellant ’s brief was originally due December 14, 2018 , but was not filed. This court notified appellant ’ s counsel of the deficiency on December 18, 2018

. See T EX

. R. A PP

. P. 38.8(b)(2). On December 28, 2018 , appellant responded by filing a motion for extension of time, requesting an additional thirty days in which to file appellant ’ s brief. The court granted the

motion and ordered appellant to file the brief in this court on or before January 14, 2019, thir ty days from the original due date

. Neither the brief no r a motion for extension of time to file the

brief has been filed

.

We therefore ORDER appellant’s appointed appellate counsel, Mr. Pat Montgomery

, to file appellant ’ s brief in this court on or befor e February 13, 2019. If neither the brief nor an extension of time to file the brief is filed in this court on or before the date ordered, the court will order the appeal abate d and remand ed to the trial court for a hearing to determine whether appellant or appointed counsel has abandoned the appeal.

We further order the clerk of this court to serve this order on counsel by first class United States mail and by certified mail, return receipt requested, with delivery restricted to addressee only, or give other personal notice of this order with proof of delivery.

________ _________________________ Beth Watkins , JusticeIN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 17th day of January, 2019

.

________ ___________________________ KEITH E. HOTTLE

, Clerk of Court
#### UNITED STATES of America, Appellee, v. Chester GOODSON, also known as Chess, Appellant.

No. 11-2634.

United States Court of Appeals, Eighth Circuit.

Submitted Dec. 12, 2011.

Filed Dec. 15, 2011.

Before MELLOY, BOWMAN, and SHEPHERD, Circuit Judges.

*245PER CURIAM.

Chester Goodson appeals from the judgment of the District Court1 entered after he pleaded guilty to a drug offense and was sentenced to 100 months in prison plus four years of supervised release. His counsel has moved to withdraw and has filed a brief under *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

To begin, we conclude that Goodson is foreclosed from challenging the validity of his guilty plea because (1) the plea falls within the scope of the appeal waiver in his written plea agreement; (2) the record establishes, consistent with his statements at the change-of-plea hearing, that the government did nothing to mislead him and that he entered into the plea agreement and agreed to the appeal waiver knowingly and voluntarily; and (3) enforcing the appeal waiver will not result in a miscarriage of justice. *See United States v. Andis,*333 F.3d 886, 889-90 (8th Cir.) (en banc) (describing the circumstances under which the appellate court should enforce an appeal waiver), *cert. denied,*540 U.S. 997, 124 S.Ct. 501, 157 L.Ed.2d 398 (2003).

As to Goodson’s sentence, we first note that we lack authority to review the District Court’s denial of Goodson’s downward-departure requests. *See United States v. Anderson,*570 F.3d 1025, 1034 (8th Cir.2009) (holding that the appellate court lacked authority to review the denial of a downward-departure request because the defendant did not argue that the district court had an unconstitutional motive and because the district court recognized that it had authority to depart). We further conclude that the District Court’s drug-quantity determination was not clearly erroneous, that no significant procedural error occurred, and that the District Court imposed a substantively reasonable sentence. *See United States v. Feemster,*572 F.3d 455, 461 (8th Cir.2009) (en banc) (explaining the standards for reviewing a sentence on appeal); *United States v. Willis,*433 F.3d 634, 636 (8th Cir.) (noting that a district court’s drug-quantity determination is reviewed for clear error and will be reversed only if we are left with a definite and firm conviction that a mistake has been made), *cert. denied,*549 U.S. 860, 127 S.Ct. 144, 166 L.Ed.2d 105 (2006).

Finally, we have reviewed the record independently in accordance with *Penson v. Ohio,*488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and we have found no nonfrivolous issues beyond the scope of the appeal waiver. Accordingly, we grant counsel’s motion to withdraw, and we affirm the judgment of the District Court.

1

. The Honorable Carol E. Jackson, United States District Judge for the Eastern District of Missouri.