alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-16-00255-CV

RUSSELL TERRY MCELVAIN APPELLANT
V. ROBIN MCELVAIN APPELLEE

---------- FROM THE 360TH DI STRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 360-468210-09

---------- 

### MEMORANDUM OPINION 1

---------- Pro se Appellant Russell Terry McElvain attempts to file a restricted appeal of the trial court’s August 1, 2014 judgm ent dismissing his cause of action for want of prosecution. A notic e of restricted appeal must be filed within six months

1 See Tex. R. App. P. 47.4.2 after the judgment or order complained of is signed. 2 Appellant’s notice of restricted appeal was not f iled until July 11, 2016, more than twenty-three months after the trial court signed the complained-of judgment. On July 22, 2016, we therefore notifi ed Appellant of our concern that we lack jurisdiction over this appeal because his notice of appeal was untimely filed, 3 and we warned that this appeal could be dismissed absent a response showing grounds for continuing the appeal. 4 On July 29, 2016, Appe llant filed an untimely motion to extend the appella te deadline, which we also treat as his response. The document does not show grou nds for continuing this appeal. The time for filing a notice of appeal is jurisdiction al in this court, and absent a timely notice of ap peal or extension request, we have no choice but to dismiss the appeal. 5 Because Appellant’s notice of restricted appeal and motion to extend the appellate dead line were both filed too la te, we dismiss the pending motion, and we dismiss this app eal for want of jurisdiction. 6

2 See Tex. R. App. P. 26.1(c).

3 See Tex. R. App. P. 26.1.

4 See Tex. R. App. P. 42.3(a).

5 See Tex. R. App. P. 2, 25.1(b), 26.3; Jones v. City of Houston , 976 S.W.2d 676, 677 (Tex. 1998); Verburgt v. Dorner , 959 S.W.2d 615, 617 (Tex. 1997).

6 See Tex. R. App. P. 42.3(a), 43.2(f); Jones , 976 S.W.2d at 677; Verburgt , 959 S.W.2d at 617; see also McElvain v. McElvain , No. 02-16-00256-CV, 2016 WL 4491232, at *1 (Tex. App.—Fort Wort h Aug. 26, 2016, no pet. h.) (dismissing Appellant’s related appeal for same reason).3 PER CURIAM PANEL: DAUPHINOT, GARDNER, and WALKER, JJ. DELIVERED: September 29, 2016
III 

112TH CONGRESS 

1ST SESSION S. RES. 322 

Designating November 2011 as ‘‘COPD Awareness Month’’. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 14, 2011 

Mr. CRAPO (for himself and Mr. DURBIN) submitted the following resolution; 

which was considered and agreed to 

RESOLUTION 

Designating November 2011 as ‘‘COPD Awareness Month’’. 

Whereas chronic obstructive pulmonary disease (referred to 

in this preamble as ‘‘COPD’’), also known as chronic 

bronchitis and emphysema, is the third leading cause of 

death in the United States and is the only 1 of the top 

5 causes of death with a rising prevalence and death rate; 

Whereas COPD is a chronic and progressive disease that affects over 24,000,000 people in the United States, 1⁄2 of 

whom have not been properly diagnosed; 

Whereas COPD claims the lives of more than 120,000 people 

of the United States each year, with a person dying every 

4 minutes from COPD; 

Whereas COPD is considered to be the second leading cause 

of disability in the United States; 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•SRES 322 ATS 

Whereas in 2011 COPD cost the United States approximately $49,900,000,000 per year; 

Whereas the major risk factor for COPD is smoking and 

other risk factors include exposure to air pollution, industrial irritants, and burned biomass fuels; 

Whereas COPD can also result from genetic conditions, such 

as alpha-1 antitrypsin deficiency; 

Whereas many patients suffering with COPD are not diagnosed until they have reached an advanced stage of 

COPD; 

Whereas a diagnostic test for COPD, known as spirometry, 

is available for office use, allowing early diagnosis of 

COPD; 

Whereas the National Institutes of Health, Centers for Disease Control and Prevention, and the Department of Veterans Affairs play a critical role in advancing the prevention, diagnosis, treatment, and ultimately a cure for 

COPD; 

Whereas primary care physicians are in a key position to provide optimal care to patients with COPD and need to be 

trained to diagnose and treat the disease; 

Whereas individuals with COPD who are able to receive education from allied health professionals, such as respiratory therapists, have better health outcomes; 

Whereas appropriately treating COPD with medication and 

health management can reduce hospital readmissions and 

costly exacerbations; and 

Whereas increased public awareness, screening, early detection, and treatment of COPD are crucial in the prevention or slowing the progression of lung disease and can 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•SRES 322 ATS 

lead to reduced costs and better quality of life: Now, 

therefore, be it 

1 Resolved, That the Senate— 

2 (1) designates November 2011 as ‘‘COPD 

3 Awareness Month’’; 

4 (2) encourages all people of the United States 

5 to become more informed about chronic obstructive 

6 pulmonary disease (referred to in this resolution as 

7 ‘‘COPD’’) and get screened if they are at risk; and 

8 (3) encourages further partnership between the 

9 Federal government and private entities to enhance 

10 patient education about COPD. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS
PEOPLES-SIDNEY FINANCIAL CORPORATION
                                   EXHIBIT 32

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with then Quarterly Report of Peoples-Sidney Financial Corporation
(the  "Corporation")  on Form 10-QSB for the period  ended  December 31, 2005 as
furnished  with  the  Securities  and  Exchange  Commission  on the date of this
Certification  (the  "Report"),  I, Douglas  Stewart,  the  President  and Chief
Executive Officer of the Corporation, and, I, Debra A. Geuy, the Chief Financial
Officer and Treasurer of the  Corporation,  certify,  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 Corporation.


                       /s/ Douglas Stewart
                       -----------------------------------
                       Douglas Stewart, President and Chief Executive Officer

                       Date:  February 14, 2006



                       /s/ Debra A. Geuy
                       -----------------------------------
                       Debra A. Geuy, Chief Financial Officer and Treasurer

                       Date:  February 14, 2006

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

                                                                             30.
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



I, Umang Gupta, Chief Executive Officer of Keynote Systems, Inc. (the Company), do hereby certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| |  | the Quarterly Report on Form 10-Q of the Company for the quarter ended December 31, 2003, as filed with the Securities and Exchange Commission on February 10, 2004 (the
Report), fully complies with the requirements of Section 13(a) 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 for the periods presented
therein.
| | - | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date: February 10, 2004



|                                                                 
|-----------------------------------------------------------------
|                                                                 
|/s/ Umang Gupta                                                  
|                                                                 
|Umang Gupta Chief Executive Officer (Principal Executive Officer)



A signed original of this written
statement required by Section 906 has been provided to Keynote Systems, Inc. and will be retained by it and furnished to the Securities and Exchange Commission or its staff upon request.
UN PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17
- 7114

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. FRANKIE CORNELL ELLIS, JR., a/k/a Nitty , Defendant

- Appellant

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

. W. Earl Britt, Senior District Judge. ( 4:07

- cr - 00026

- BR

- 1; 4:16

- cv - 00130

- BR )

Submitted : December 21, 2017 Decided: December 28, 2017

Before WILKINSON and DUNCAN , Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by un published per curiam opinion

. Frankie Cornell Ellis, Jr., Appellant Pro Se. John Howarth Bennett, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, North Caroli na; Seth Morgan Wood, Assistant United States Attorney, Kimberly Ann Moore, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina; Imelda Jean Pate, OFFICE OF THE DISTRICT ATTORNEY, Kinston, North Caro lina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Frankie Cornell Ellis, Jr., seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 ( 2012 ) motion. The order is not appealable unless a circuit justice or judge issues a certifi cate of appealability. 28 U.S.C. § 2253(c)(1) (B) (20 12 ). 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) (20 12 ). When the district court denies relief on the m erits, 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 motion states a debatable claim of the denial of a constitutiona l right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Ellis has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before th is court and argume nt would not aid the decisional process.
DISMISSED
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**Exhibit 32.1**

 

**SECTION 906 CERTIFICATION**

 

The following statement is provided by the undersigned to accompany the foregoing Report on Form 10-K/A pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and shall not be deemed filed pursuant to any provision of the Securities Exchange Act of 1934 or any other securities law.

 

The undersigned certifies that the foregoing Report on Form 10-K/A fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. Section 78) and that the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of Broadway Financial Corporation as of and for the year ended December 31, 2016.

 

 
| Date:   June 23, 2017 | By:    | /s/   Wayne-Kent A. Bradshaw     |
|----------------------------|--------|----------------------------------|
|                       |   | Wayne-Kent   A. Bradshaw         |
|                       |   | Chief   Executive Officer        |
|                       |   | Broadway   Financial Corporation |

 

----
Exhibit 31.1



CERTIFICATION



I, Thomas W. Davison, certify that:



1. I have reviewed this quarterly report on Form 10-QSB of Sontra Medical 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 small business issuer as of, and for, the periods presented in this report.



4. The small business issuer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) and 15d-15(e)) for the small business issuer 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 small business issuer, 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 small business issuer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 small business issuers internal control over financial reporting that occurred during the small business
issuers most recent fiscal quarter (the small business issuers fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuers internal
control over financial reporting; and



5. The small business issuers
other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuers auditors and the audit committee of small business issuers board of directors
(or persons performing the equivalent function):



(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 small business issuer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 small business issuers internal control over financial reporting.



Date: November 10, 2004



|                                     
|-------------------------------------
|/s/ Thomas W. Davison                
|Thomas W. Davison                    
|President and Chief Executive Officer
#### In the Matter of Douglas I. Milan, an Attorney, Respondent. Grievance Committee for the Ninth Judicial District, Petitioner.

Second Department,

June 16, 1986

*451APPEARANCES OF COUNSEL

*Gary L. Casella (Gary D. Egerman*of counsel), for petitioner.

*Albert J. Gaynor*for respondent.

OPINION OF THE COURT

Per Curiam.

The respondent was admitted to practice by this court on October 23, 1974. In this proceeding to discipline the respondent for his conviction of a "serious crime”, the petitioner moves to confirm the report of the Special Referee and the respondent submits an affidavit in response.

The Special Referee sustained the charges of misconduct against the respondent, finding that he had pleaded guilty to two Federal misdemeanor charges in the United States District Court for Connecticut, to wit, knowingly and willfully misapplying and causing to be misapplied moneys which were the subject of a grant and contract of assistance pursuant to the Comprehensive Employment Training Act, in violation of 18 USC §§ 2 and 665 (a) and willfully obstructing and impeding and willfully endeavoring to impede an investigation and inquiry by representatives of the Independent Monitoring Unit of the Stamford Area Comprehensive Employment Training Act Administration, by falsely stating that certain Stamford Area Comprehensive Employment Training Act Administration (hereinafter SACA) trainees did not engage in production, when the respondent knew that the said SACA trainees did engage in production, in violation of 18 USC § 665 (c). On June 19, 1984, the respondent was sentenced on each of two counts to one year imprisonment, the execution of which was suspended after six months, and he was placed on probation for a period of three years. The sentences on the two counts were to run concurrently. A further condition of the sentence was that the respondent make restitution of $15,000.

After reviewing all of the evidence, we are in full agreement with the findings contained in the report of the Special Referee. The respondent’s conviction of "serious crime[s]” constitutes professional misconduct warranting the imposition of discipline. The petitioner’s motion to confirm the Special Referee’s report is granted.

*452In determining an appropriate measure of discipline to be imposed we are mindful of the mitigating circumstances advanced by the respondent at the hearing, his cooperation throughout the proceedings, and the fact that he was already punished in the criminal matter.

Accordingly, the respondent should be, and hereby is, suspended from the practice of law for a period of one year nunc pro tunc as of February 25, 1985, the date when this court ordered respondent suspended pending the further order of this court.

Mollen, P. J., Lazer, Mangano, Gibbons and Thompson, JJ., concur.
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Case: 1:03-cv-07069 Document #: 27 Filed: 02/05/04 Page 7 of 7 PageID #:442
Document

Continental General Insurance Company
11001 Lakeline Blvd.
Suite 120
Austin, Texas 78717


PRIVATE & CONFIDENTIAL


March 26, 2021


HC2 Holdings, Inc.
450 Park Avenue, 29th Floor
New York, NY 10022
Email:    jferraro@hc2.com
Attention:    Joseph A. Ferraro




    Re: Preferred Shares


Dear Mr. Ferraro:
Reference is made to that certain Stock Purchase Agreement, dated as of the date hereof, by and among HC2 Holdings 2, Inc., a Delaware corporation (“Seller”), Continental Insurance Group, Ltd., a Delaware corporation (the “Company”), and Continental General Holdings LLC, a Michigan limited liability company (“Purchaser”) (the “Stock Purchase Agreement”), pursuant to which, upon the terms and subject to the conditions thereof, Seller will sell to Purchaser, and Purchaser will purchase from Seller, all of the issued and outstanding shares of capital stock of the Company.  Seller is a wholly-owned subsidiary of HC2 Holdings, Inc., a Delaware corporation (“HC2”).  Capitalized terms used but not defined herein shall have the meanings given to such terms in the Stock Purchase Agreement.
In connection with the transactions contemplated by the Stock Purchase Agreement and in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and upon the terms and subject to the conditions set forth herein, the parties hereby agree as follows:
1.Agreement Not to Redeem.  During the term of this letter agreement, Continental General Insurance Company shall not redeem or seek redemption of any share of HC2 Preferred.
2.Term.  This letter agreement shall terminate and be of no further force or effect as of the earlier of (a) the Closing or (b) the valid termination of the Stock Purchase Agreement in accordance with the terms therein; provided that (i) each party hereto shall continue to have the right to pursue any suit, action, claim, litigation or proceeding in respect of any breach of this letter agreement that occurred prior to date the applicable covenant, right or obligation terminated and (ii) this Section 2 and Sections 3–5 shall survive indefinitely.
3.No Modification of Other Terms.  This letter agreement is limited to the matters expressly covered herein and no modification is made to the terms of the HC2 Preferred.  
4.Miscellaneous.  Sections 9.1–9.11 of the Stock Purchase Agreement are hereby incorporated herein by reference, mutatis mutandis.












[Signature Pages Follow]
2











Very truly yours,




Continental General Insurance Company






By:___________________________________
    Name:
    Title:


[Signature Page – Preferred Shares Letter Agreement]






Confirmed and Agreed to:




HC2 Holdings, Inc.






By:___________________________________
    Name:
    Title:




[Signature Page – Preferred Shares Letter Agreement]






Confirmed and Agreed to:




Continental General Holdings LLC






By:___________________________________
    Name:
    Title:




[Signature Page – Preferred Shares Letter Agreement]