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 DISTRICT COURT OF TARRANT COUNTY 

TRIAL COURT NO. 360-468210-09 

---------- 

MEMORANDUM OPINION1

---------- 

Pro se Appellant Russell Terry McElvain attempts to file a restricted appeal 

of the trial court’s August 1, 2014 judgment dismissing his cause of action for 

want of prosecution. A notice of restricted appeal must be filed within six months 

 1See 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 filed until July 11, 2016, more than twenty-three months 

after the trial court signed the complained-of judgment. 

On July 22, 2016, we therefore notified 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, Appellant filed an untimely 

motion to extend the appellate deadline, which we also treat as his response. 

The document does not show grounds for continuing this appeal. 

The time for filing a notice of appeal is jurisdictional in this court, and 

absent a timely notice of appeal 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 deadline were both filed too late, we dismiss the pending 

motion, and we dismiss this appeal for want of jurisdiction.6

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

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

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

5See 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). 

6See 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 Worth 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
#### Jonathan K. Smith, Appellant, v Imagery Media, LLC, et al., Respondents.

[945 NYS2d 133] —

In an action, inter alia, to recover damages for breach of fiduciary duty and unjust enrichment, the plaintiff appeals, as limited by his notice of appeal and brief, from so much of a judgment of the Supreme Court, Kings County (Demarest, J.), entered June 22, 2011, as, upon an order of the same court dated April 29, 2009, striking the defendants’ answer and granting the plaintiffs motion for sum*1205mary judgment on the issue of liability, upon a decision of the same court (Maraño, J.H.O.), dated January 5, 2010, made after an inquest on the issue of damages, and upon an order of the same court (Demarest, J.), dated May 19, 2011, confirming the decision, is in favor of him and against the defendants in the principal sum of only $205,000, and failed to award prejudgment interest pursuant to CPLR 5001.

Ordered that the appeal is dismissed, without costs or disbursements.

“It is the obligation of the appellant to assemble a proper record on appeal” *(Matison v County of Nassau,*290 AD2d 494, 495 [2002]; *see Hazell v State of New York,*81 AD3d 893, 893 [2011]; *Milowski v Michael,*69 AD3d 909, 909 [2010]; *Nakyeoung Seoung v Vicuna,*38 AD3d 734, 735 [2007]; *Singh v Getty Petroleum Corp.,*275 AD2d 740, 740 [2000]). Although the plaintiff seeks review of the damages awarded in the judgment appealed from, he failed to include, inter alia, the full transcript of the inquest on the issue of damages. Since, under the circumstances, the record is inadequate to enable this Court to render an informed decision on the merits, the appeal must be dismissed *(see Hazell v State of New York,*81 AD3d at 893; *Milowski v Michael,*69 AD3d at 909; *Robertson v United Equities, Inc.,*61 AD3d 838, 839 [2009]; *Nakyeoung Seoung v Vicuna,*38 AD3d at 735; *Gerhardt v New York City Tr. Auth.,*8 AD3d 427, 427-428 [2004]; *Matison v County of Nassau,*290 AD2d at 495; *Lowry v Suffolk County Water Auth.,*287 AD2d 551, 552 [2001]). Rivera, J.P., Belen, Sgroi and Miller, JJ., concur.
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**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**

|   | (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 11, 2007 |                        | /s/              ROBERT E. MEAD |
|                             | Robert              E. Mead |
|                             |                        |

----
Exhibit 23.01

                                     CONSENT

We have issued our report dated September 22, 2000, accompanying the
consolidated financial statements included in the Annual Report of
Lifschultz Industries, Inc. on Form 10-KSB for the year ended July 31,
2000.  We hereby consent to the incorporation by reference of said
report in the Registration Statements of Lifschultz Industries, Inc. on
Form S-8 (File No. 333-05487, effective June 26, 1996 and File No. 333-31150,
effective February 25, 2000).


                                                      /s/ GRANT THORNTON LLP
                                                      ----------------------
                                                      GRANT THORNTON LLP


Provo, Utah
September 22, 2000
Exhibit 99


                            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 Merrill Lynch Preferred
Capital Trust II (the "Trust") and Merrill Lynch  Preferred  Funding II, L.P.
(the "Partnership")  for the period ended March 28, 2003 as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I,
John C. Stomber, Regular  Trustee of the Trust and Treasurer of Merrill Lynch
& Co., Inc., the General Partner of the Partnership, 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 results of operations of the Trust
    and the Partnership.




                              MERRILL LYNCH PREFERRED CAPITAL TRUST II


                              By:  /s/ JOHN C. STOMBER
                              --------------------------------------------
                              Name:  John C. Stomber *
                              Title: Regular Trustee




                               MERRILL LYNCH PREFERRED FUNDING II, L.P.


                               By: MERRILL LYNCH & CO., INC., as General Partner



                               By:  /s/ JOHN C. STOMBER
                               --------------------------------------------
                               Name:  John C. Stomber *
                               Title: Treasurer


Dated: May 8, 2003
_______________________

*  John C. Stomber functions as the equivalent of the Chief Executive Officer
   and Chief Financial Officer of each of the Trust and the Partnership for
   purposes of Section 906 of the Sarbanes-Oxley Act of 2002.
##### 



Exhibit 32.1


CERTIFICATION


Accompanying
Form 10-Q/A
Report


of First Industrial, L.P.


Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002


(Chapter 63, Title 18 U.S.C. §1350(a) and
(b))


Form 10-Q/A


|                         |  |                                                                                                                                                   
|------------------------ |  | --------------------------------------------------------------------------------------------------------------------------------------------------
|Dated: December 21, 2005 |  | /s/ Michael W. BrennanMichael
    W. Brennan
    Chief Executive Officer
    (Principal Executive Officer)
    First Industrial Realty Trust, Inc.
|                        
|Dated: December 21, 2005 |  | /s/ Michael J. HavalaMichael
    J. Havala
    Chief Financial Officer
    (Principal Financial Officer)
    First Industrial Realty Trust, Inc.  

A signed original 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. The information
contained in this written statement shall not be deemed
filed for purposes of Section 18 of the
Securities Exchange Act of 1934, nor shall it be deemed
incorporated by reference in any filing under the Securities Act
of 1933 or the Securities Exchange Act of 1934, except as shall
be expressly set forth by specific reference to such filing.


43
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<PAGE>   1

                                   EXHIBIT 23

                  CONSENT OF THE INDEPENDENT PUBLIC ACCOUNTANTS

       We hereby consent to the incorporation by reference in the Registration
Statements of HEARx Ltd. on Form S-8 (filed September 13, 1994), Form S-8 (filed
July 19, 1996), Form S-3 (File No. 333-4303), Form S-3 (File No. 333-4639), Form
S-3 (File No. 333-11429) , Form S-3 (File No. 333-18753), Form S-3 (File No.
333-24357), Form S-3 (File No. 333-25169) and Form S-3 (File No. 333-6457) of
our report dated March 8, 2000, relating to the consolidated financial
statements and financial statement schedule of the Registrant for the year ended
December 31, 1999, included in the Registrant's Annual Report on Form 10-K for
fiscal year ended December 31, 1999.

West Palm Beach, Florida                             BDO Seidman, LLP
March 24, 2000





                                       53
#### The People of the State of New York, Respondent, v William Thompson, Appellant.

—Appeal by defendant from a judgment of the Supreme Court, Queens County (Groh, J.), rendered January 25, 1983, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence upon him as a second felony offender.

Judgment affirmed.

Upon being arraigned upon a second felony offender statement, defendant controverted his prior conviction on the ground that the plea of guilty in the prior case was taken in violation of his constitutional rights. After a hearing, at which defendant testified and the minutes of the previous plea were reviewed, Criminal Term correctly found that defendant had failed to demonstrate that the predicate conviction had been unconstitutionally obtained *(see, People v Harris,*61 NY2d 9; CPL 400.21 [7]).

Defendant’s remaining contentions have been examined and *695have been found to be meritless. Gibbons, J. P., Thompson, Niehoff and Kunzeman, JJ., concur.
67

C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Micheal Wayne Barnes v. Harris County Assistant District Attorney

Maritza Antu and Court Appointed Defense Counsel Mary C. A.

Moore

Ap pellate case number: 01

- 1 3

- 00 826

- CV

Trial court case number: 2013

- 21008

Trial court: 234th District Court of Harris County

On November 7, 2013 , appellant, Micheal Wayne Barnes , filed an affidavit of indigence

in th is court in the above

- referenced matter. See T EX

. R. A PP

. P. 20.1(a)(2). On November 14

, 2013 , the Clerk of this Court sent a copy of the affidavit to the trial court clerk. See T EX

. R. A PP

. P. 20.1(c)(1), (d)(2). On January 8, 2014 , the district clerk filed a clerk’s record on indigence

, reflecting that no conte st to the affidavit of indigence was filed

. See T EX

. R. A PP

. P. 20.1(e).

Therefore the allegations in the affidavit are deemed true, and appellant is entitled to proceed

without advance payment of costs. See T EX

. R. A PP

. P. 20.1(f).

The Clerk of this Court is ORDERED to make an entry in this Court’s records that

appellant is indigent and is allowed to proceed on appeal without advance payment of costs.

Judge’s signature: /s/ Laura Carter Higley

 Acting individually  Acting for the Court

Date: January 17, 2014
**Exhibit 32.2**





**Certification
      of Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as
      adopted**


**pursuant
      to Section 906 of the Sarbanes-Oxley Act of 2002**





In
      connection with this quarterly report on Form 10-Q of Eclipsys Corporation
      (the
“Company”) for the period ended March 31, 2006 as filed with the Securities and
      Exchange Commission on the date hereof (the “Report”), the undersigned, Robert
      J. Colletti, Senior Vice President, Chief Financial Officer and Chief Accounting
      Officer of the Company, hereby certifies, pursuant to 18 U.S.C.
      Section 1350, 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 Company.





Dated:
      May 9, 2006





/S/
      Robert J. Colletti


Robert
      J.
      Colletti


Senior
      Vice President, Chief Financial Officer and
      Chief Accounting Officer
[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Notices]
[Pages 44406-44407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17186]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. DEA-882]


Importer of Controlled Substances Application: MP Pharma Services

AGENCY: Drug Enforcement Administration, Justice.

ACTION: Notice of application.

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

SUMMARY: MP Pharma Services has applied to be registered as an importer 
of basic class(es) of controlled substance(s). Refer to Supplemental 
Information listed below for further drug information.

DATES: Registered bulk manufacturers of the affected basic class(es), 
and applicants therefore, may file written comments on or objections to 
the issuance of the proposed registration on or before September 13, 
2021. Such persons may also file a written request for a hearing on the 
application on or before September 13, 2021.

ADDRESSES: Written comments should be sent to: Drug Enforcement 
Administration, Attention: DEA Federal Register Representative/DPW, 
8701 Morrissette Drive, Springfield, Virginia 22152. All requests for a 
hearing must be sent to: Drug Enforcement Administration, Attn: 
Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All 
request for a hearing should also be sent to: (1) Drug Enforcement 
Administration, Attn: Hearing Clerk/OALJ, 8701 Morrissette Drive, 
Springfield, Virginia 22152; and (2) Drug Enforcement Administration, 
Attn: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, 
Springfield, Virginia 22152.

SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 1301.34(a), this 
is notice that on June 30, 2021, MP Pharma Services, 4222 Emperor 
Boulevard, Suite 320, Durham, North Carolina 27703-9455, applied to be 
registered as an importer of the following basic class(es) of 
controlled substance(s):

------------------------------------------------------------------------
                                           Drug
          Controlled substance             code          Schedule
------------------------------------------------------------------------
5-Methoxy-N-N-Dimethyltryptamine.......     7431  I
------------------------------------------------------------------------


[[Page 44407]]

    The company plans to import 5-Methoxy-N-N-Dimethyltryptamine as raw 
material and as a formulated drug for analytical as well as research 
and development purposes. No other activity for this drug code is 
authorized for this registration.
    Approval of permit applications will occur only when the 
registrant's business activity is consistent with what is authorized 
under 21 U.S.C. 952(a)(2). Authorization will not extend to the import 
of Food and Drug Administration-approved or non-approved finished 
dosage forms for commercial sale.

Brian S. Besser,
Acting Assistant Administrator.
[FR Doc. 2021-17186 Filed 8-11-21; 8:45 am]
BILLING CODE 4410-09-P
II

105TH CONGRESS

1ST SESSION S. 1024

To make chapter 12 of title 11 of the United States Code permanent,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 16, 1997

Mr. GRASSLEY (for himself, Mr. DASCHLE, and Mr. DURBIN) introduced the

following bill; which was read twice and referred to the Committee on the

Judiciary

A BILL

To make chapter 12 of title 11 of the United States Code

permanent, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Family Farmer Protec5 tion Act of 1997’’.

6 SEC. 2. REPEAL OF SUNSET PROVISION.

7 Section 302 of the Bankruptcy Judges, United States

8 Trustees, and Family Farmer Bankruptcy Act of 1986

9 (28 U.S.C. 581 note) is amended by striking subsection

10 (f).
2

S 1024 IS

1 SEC. 3. CLARIFICATION OF RIGHTS OF FAMILY FARMERS

2 AFTER SUCCESSFUL COMPLETION OF A

3 PLAN.

4 Section 2008h(b)(2), of title 7, United States Code

5 is amended by adding ‘‘or has successfully completed a

6 reorganization plan under Chapter 12 of title 11, United

7 States Code (the Bankruptcy Judges, United States

8 Trustees, and Family Farmer Bankruptcy Act of 1986,

9 Public Law No. 99–554, as amended)’’ after ‘‘title’’.

Æ