alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

NIYKE DEANGELO ECHAVARRIA, )

)

Appellant, )

)

v. ) Case No. 2D18-1951

)

STATE OF FLORIDA, )

)

Appellee. )

)

Opinion filed May 3, 2019.

Appeal from the Circuit Court for Highlands 

County; Peter F. Estrada, Judge.

Howard L. Dimmig, II, Public Defender, 

and Timothy J. Ferreri, Assistant Public 

Defender, Bartow, for Appellant. 

Ashley Moody, Attorney General, 

Tallahassee, for Appellee.

LaROSE, Chief Judge.

Appellant's counsel filed a brief pursuant to Anders v. California, 386 U.S. 

738 (1967). We have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(A). We affirm Niyke 

Deangelo Echavarria's judgment and sentences; we remand for correction of obvious 

scrivener's errors in the written sentences.

Mr. Echavarria pleaded no contest to possession of cocaine within 1000 

feet of a school with intent to sell and sale of cocaine within 1000 feet of a school. See 
- 2 -

§ 893.13(1)(c)(1), Fla. Stat. (2015). The trial court sentenced him to concurrent terms of 

98.25 months in prison, with a three-year mandatory-minimum prison term, for both 

offenses. The trial court also orally imposed various fines and costs, including a $300 

fine pursuant to section 775.083, Florida Statutes (2018), for both offenses. However, 

the written sentences reflect a $300 fine pursuant to section 773.083, Florida Statutes; a 

nonexistent statute.

Although we affirm, we remand for the trial court to correct the scrivener's 

errors. See Rivera v. State, 117 So. 3d 449-50 (Fla. 2d DCA 2013) (remanding for 

correction of the written sentences to reflect the oral pronouncement in an Anders 

appeal); Skinner v. State, 155 So. 3d 497, 497 (Fla. 5th DCA 2015) (remanding for 

correction of scrivener's error in the order on fines and costs in an Anders appeal). Mr. 

Echavarria need not be present for the correction of the scrivener's errors. See 

Rodriguez v. State, 223 So. 3d 1053, 1055 (Fla. 2d DCA 2017).

Affirmed; remanded to correct scrivener's errors.

VILLANTI and ATKINSON, JJ., Concur.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

SDC INVESTMENT PROPERTIES, LLC, SPAZIO DI CASA, LLC, SPAZIO DI CASA, INC., and ITALIAN MOBILITY, LLC
, Appellant s ,

v.

LLOYD'S UNDERWRITERS AT LONDON a/k/a CERTAIN UNDERWRITERS AT LLOYDS INSURANCE GROUP, INC., COASTAL INSURANCE GROUP, INC., and MARIA L. MARTINEZ
, Appellee s

.

No. 4D 18

- 1193

[ April 18, 2019 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County ; Raag Singhal , Judg e; L.T. Case No. CACE15

- 22080

.

Jason H. Haber of Haber/Blank, LLP, Fort Lauderdale, and Walter G. Campbell and Kelley B. Stewart of Krupnick Campbell, Et al., Fort Lauderdale, for appellants.

Neil Rose of Bernstein, Chackman, Liss, Hollywood, for appelle e Coastal Insurance Group, Inc, and Maria L. Martinez. Robert A. Stok, Brian H. McGuire and Yosef Kudan of Stok Folk + Kon, Aventura.

P ER C URIAM

.

Affirmed.

M AY
, C IKLIN and K LINGENSMITH

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
EXHIBIT 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER



PURSUANT TO



18 U.S.C. SECTION 1350,



AS ADOPTED PURSUANT TO



SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Paul DePond, 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 of Notify Technology Corporation on Form 10-QSB for the fiscal quarter ended December 31, 2004 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange
Act of 1934 and that information contained in such Quarterly Report on Form 10-QSB fairly presents in all material respects the financial condition and results of operations of Notify Technology Corporation.



|                        |  |  |  |     |  |                    |  |                        
|----------------------- |  |  |  | --- |  | ------------------ |  | -----------------------
|                        |  |  | 
|Date: February 14, 2005 |  |  |  | By: |  | /s/ Paul F. DePond
|                        |  |  |  |     |  | Name:              |  | Paul F. DePond         
|                        |  |  |  |     |  | Title:             |  | Chief Executive Officer



I, Gerald W. Rice, 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 of Notify Technology Corporation on Form 10-QSB for the fiscal quarter ended December 31, 2004 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-QSB fairly presents in all material respects the financial condition and results of operations of Notify
Technology Corporation.



|                        |  |  |  |     |  |                    |  |                        
|----------------------- |  |  |  | --- |  | ------------------ |  | -----------------------
|                        |  |  | 
|Date: February 14, 2005 |  |  |  | By: |  | /s/ Gerald W. Rice
|                        |  |  |  |     |  | Name:              |  | Gerald W. Rice         
|                        |  |  |  |     |  | Title:             |  | Chief Financial Officer



A signed original of this written
statement required by Section 906 has been provided to Notify Technology Corporation and will be retained by Notify Technology Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.2

CERTIFICATION OF THE PRINCIPAL FINANCIAL OFFICER

Pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of ImmunoCellular Therapeutics, Ltd. (the Company) hereby certifies that, to his knowledge:

(i) The Annual Report on Form 10-K of the Company for the fiscal year ended December 31, 2010 (the
Report) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

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

| |  |                      |  |  |  |     |  |        |  |                        
| |  | -------------------- |  |  |  | --- |  | ------ |  | -----------------------
| |  |                      |  |  | 
| |  | Date: March 31, 2011 |  |  |  | By: |  |        |  | /s/ C. Kirk Peacock    
| |  |                      |  |  |  |     |  | Name:  |  | C. Kirk Peacock        
| |  |                      |  |  |  |     |  | Title: |  | Chief Financial Officer
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Small Business Administration [Disaster Declaration #17074 and #17075; Oklahoma Disaster Number OK-00150]
 AGENCY: Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a notice of an Administrative declaration of a disaster for the State of OKLAHOMA dated 08/05/2021. *Incident:*
                         Flooding. *Incident Period:*
                         06/07/2021.
 DATES: Issued on 08/05/2021. *Physical Loan Application Deadline Date:*
                         10/04/2021. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         05/05/2022.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 
                        ( print page 44123)
                        409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:*
                     Okmulgee. *Contiguous Counties:* Oklahoma: Creek, Mcintosh, Muskogee, Okfuskee, Tulsa, Wagoner. The Interest Rates are: Percent*For Physical Damage:*Homeowners with Credit Available Elsewhere
3.250Homeowners without Credit Available Elsewhere
1.625Businesses with Credit Available Elsewhere
5.760Businesses without Credit Available Elsewhere
2.880Non-Profit Organizations with Credit Available Elsewhere
2.000Non-Profit Organizations without Credit Available Elsewhere
2.000*For Economic Injury:*Businesses & Small Agricultural Cooperatives without Credit Available Elsewhere
2.880Non-Profit Organizations without Credit Available Elsewhere
2.000
 The number assigned to this disaster for physical damage is 17074 6 and for economic injury is 17075 0. The States which received an EIDL Declaration # is  Oklahoma. (Catalog of Federal Domestic Assistance Number 59008) Isabella Guzman, Administrator.


[FR Doc. 2021-17072 Filed 8-10-21; 8:45 am] BILLING CODE 8026-03-P
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   6-MOS
<FISCAL-YEAR-END>                          JAN-31-1998             JUL-31-1998
<PERIOD-START>                             FEB-01-1997             FEB-01-1998
<PERIOD-END>                               JAN-31-1998             JUL-31-1998
<CASH>                                       1,571,861                 610,977
<SECURITIES>                                 1,593,032                 365,195
<RECEIVABLES>                                1,097,354               1,510,834
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                             4,638,554               3,124,383
<PP&E>                                       1,014,017               1,965,150
<DEPRECIATION>                                 315,564                 507,109
<TOTAL-ASSETS>                               7,986,122               6,559,258
<CURRENT-LIABILITIES>                        1,329,952               1,524,571
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                     6,737,929               6,881,409
<OTHER-SE>                                   (152,195)             (1,943,043)
<TOTAL-LIABILITY-AND-EQUITY>                 7,986,122               6,559,258
<SALES>                                      6,023,402               2,728,409
<TOTAL-REVENUES>                             6,023,402               2,728,409
<CGS>                                        3,901,570               1,997,399
<TOTAL-COSTS>                                3,901,570               1,997,399
<OTHER-EXPENSES>                             2,222,587               2,621,939
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                              63,725                  18,696
<INCOME-PRETAX>                                 12,055             (1,762,956)
<INCOME-TAX>                                    46,567               (120,000)
<INCOME-CONTINUING>                                  0                       0
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                  (34,512)             (1,642,956)
<EPS-PRIMARY>                                   (0.02)                   (.62)
<EPS-DILUTED>                                   (0.02)                   (.62)
        

</TABLE>
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

JOSEPH MATTHEW WAITE, 

Plaintiff, Civ. No. 6:14-cv-01400-MC 

V. OPINION AND ORDER 

UNIVERSITY OF OREGON, 

Defendant. 

MCSHANE, Judge: 

Plaintiff, pro se, filed a complaint against the University of Oregon on August 29, 2014. 

See Pl.'s Compl. 1-5, ECF No. 1. On September 19, 2014, this Court.issued an opinion 

dismissing plaintiffs complaint for failure to state a claim. See Order 1-4, Sept. 19,2014, ECF 

No. 7. In consideration of plaintiffs pro se status, this Court granted plaintiff until November 18, 

2014 "to file an amended complaint curing the deficiencies identified." !d. at 4. This Court 

. subsequently granted plaintiff an extension until March 2, 2015. Order, Dec. 22, 2014, ECF No. 

, 12. Plaintiffhas not taken additional action since that time. Accordingly, because plaintiff failed 

to comply with this Court's order, ECF Nos. 7 and 12, this action is dismissed without prejudice 

for failure to prosecute. 

IT IS SO ORDERED. 

DATED this 19th day of March, 2014. 

1 - OPINION AND ORDER 

l \....._ __ _ 

Michael J. McShane 

United States District Judge 

Case 6:14-cv-01400-MC Document 14 Filed 03/19/15 Page 1 of 1
<TABLE> <S> <C>

<ARTICLE>6
<LEGEND> THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE FORM 10-Q AS OF JUNE 30, 2000 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
<MULTIPLIER>1
<FISCAL-YEAR-END>             DEC-31-2000
<PERIOD-START>                JAN-01-2000
<PERIOD-END>                  JUN-30-2000
<PERIOD-TYPE>                       6-MOS
<INVESTMENTS-AT-COST>             277,977
<INVESTMENTS-AT-VALUE>            128,425
<RECEIVABLES>                           0
<ASSETS-OTHER>                          0
<OTHER-ITEMS-ASSETS>               70,132
<TOTAL-ASSETS>                    198,557
<PAYABLE-FOR-SECURITIES>                0
<SENIOR-LONG-TERM-DEBT>                 0
<OTHER-ITEMS-LIABILITIES>         876,540
<TOTAL-LIABILITIES>               876,540
<SENIOR-EQUITY>                         0
<PAID-IN-CAPITAL-COMMON>           (9,318)
<SHARES-COMMON-STOCK>               5,157
<SHARES-COMMON-PRIOR>               4,456
<ACCUMULATED-NII-CURRENT>               0
<OVERDISTRIBUTION-NII>                  0
<ACCUMULATED-NET-GAINS>                 0
<OVERDISTRIBUTION-GAINS>                0
<ACCUM-APPREC-OR-DEPREC>         (668,665)
<NET-ASSETS>                     (677,983)
<DIVIDEND-INCOME>                       0
<INTEREST-INCOME>                       0
<OTHER-INCOME>                          0
<EXPENSES-NET>                   (138,526)
<NET-INVESTMENT-INCOME>          (138,526)
<REALIZED-GAINS-CURRENT>                0
<APPREC-INCREASE-CURRENT>        (216,761)
<NET-CHANGE-FROM-OPS>            (355,287)
<EQUALIZATION>                          0
<DISTRIBUTIONS-OF-INCOME>               0
<DISTRIBUTIONS-OF-GAINS>                0
<DISTRIBUTIONS-OTHER>                   0
<NUMBER-OF-SHARES-SOLD>               701
<NUMBER-OF-SHARES-REDEEMED>             0
<SHARES-REINVESTED>                     0
<NET-CHANGE-IN-ASSETS>           (356,309)
<ACCUMULATED-NII-PRIOR>                 0
<ACCUMULATED-GAINS-PRIOR>               0
<OVERDISTRIB-NII-PRIOR>                 0
<OVERDIST-NET-GAINS-PRIOR>              0
<GROSS-ADVISORY-FEES>               7,961
<INTEREST-EXPENSE>                      0
<GROSS-EXPENSE>                  (138,526)
<AVERAGE-NET-ASSETS>             (499,829)
<PER-SHARE-NAV-BEGIN>               28.95
<PER-SHARE-NII>                    (40.04)
<PER-SHARE-GAIN-APPREC>                 0
<PER-SHARE-DIVIDEND>                    0
<PER-SHARE-DISTRIBUTIONS>               0
<RETURNS-OF-CAPITAL>                    0
<PER-SHARE-NAV-END>                     0
<EXPENSE-RATIO>                      27.7

</TABLE>
**Exhibit10.72**

** **

**DEFERRED COMPENSATIONTERMINATION AGREEMENT**

 

                This Deferred CompensationTermination Agreement, dated as of June 30, 2002, is by and between Vari-LiteInternational, Inc. (the “Company”) and H.R. Brutsché III (the “Director”).

 

# W I T N E S S E T H:

                WHEREAS, the Company (formerlyknown as Vari-Lite Holdings, Inc.) and the Director entered into a DeferredCompensation Agreement, dated July 1, 1995, as amended by Amendment No. 1 tothe Deferred Compensation Agreement, dated November 2, 1998 and Amendment No. 2to the Deferred Compensation Agreement, dated December 28, 2001 (as amended,the “Deferred Compensation Agreement”); and

 

                WHEREAS,the Company has suffered a decline in its financial performance and managementand the Board of Directors of the Company have reviewed and maderecommendations for reducing expenses of the Company in order to improve theCompany’s financial performance; and

 

                WHEREAS,the Compensation Committee of the Board of Directors of the Company (the“Compensation Committee”) has determined that it is in the best financialinterest of the Company to terminate the Deferred Compensation Agreementeffective June 30, 2002; and

 

                WHEREAS,the Director is a significant stockholder of the Company and agrees that it isin the best financial interest of the Company to consent to the termination ofthe Deferred Compensation Agreement as proposed by the Compensation Committee;

 

                NOW, THEREFORE, in considerationof the foregoing and other good and valuable consideration, the receipt andsufficiency of which are hereby acknowledged, the parties hereto hereby agreethat the Deferred Compensation Agreement is cancelled and terminated and shallbe of no further force or effect.

 

                INWITNESS WHEREOF, the parties hereto have executed this Agreement as of the datefirst above written.

 

 
|   | VARI-LITE INTERNATIONAL,  INC. |
|--------|--------------------------------|
|   |                           |   |
|   | By:                            |   |
|   |                           | T. Clay Powers, President |
|   |                           |   |
|   |                           |
|   | H.R. Brutsché III         |
#### The People of the State of New York, Respondent, v Jerry Rich, Appellant.

—Appeal by defendant from a judgment of the Supreme Court, Kings County (Bianchi, J.), rendered January 26, 1984, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed *(see, People v Harris,*61 NY2d 9; *People v Kazepis,*101 AD2d 816).

The court did not abuse its discretion in denying, without a hearing, defendant’s motion to withdraw his guilty plea, which had been voluntarily made after defendant was fully informed of his rights. Mollen, P. J., Gibbons, Brown, Niehoff and Eiber, JJ., concur.
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 CNH Holdings  Company on Form
10-KSB for the period  ending March 31, 2004, as filed with the  Securities  and
Exchange Commission on the date hereof (the "Report"), I, Derek Downs, President
and Interim CEO 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 and belief:

         (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/    Derek Downs
Derek Downs
President and Interim CEO
(Principal Executive Officer)


July 12, 2004


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
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.
<PAGE>


                  CERTIFICATE OF AMENDMENT
                             OF
                CERTIFICATE OF INCORPORATION
                             OF
              UNIFIED FINANCIAL SERVICES, INC.

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

   PURSUANT TO SECTION 242 OF THE GENERAL CORPORATION LAW
                  OF THE STATE OF DELAWARE

     Unified Financial Services, Inc., a corporation organized and
existing under and by virtue of the General Corporation Law of the State
of Delaware (the "Corporation"), does hereby certify as follows:

     FIRST:  At a meeting of the Board of Directors of the Corporation
duly called and held on March 25, 1999, resolutions were duly adopted
setting forth a proposed amendment to the Amended and Restated
Certificate of Incorporation, as amended, of the Corporation (the
"Certificate of Incorporation"), declaring such amendment to be
advisable and directing that such amendment be submitted to the
stockholders of the Corporation for approval at the Annual Meeting of
Stockholders to be held on May 27, 1999.  Such resolutions recommended
that the first sentence of Article 4 of the Certificate of Incorporation
be amended by striking the existing first sentence in its entirety and
substituting in lieu thereof the following:

          "The total number of shares of stock that the Corporation
     shall have the authority to issue is one million (1,000,000)
     shares of Preferred Stock with a par value of $0.01 per share; and
     twenty million (20,000,000) shares of Common Stock with a par
     value of $0.01 per share."

     SECOND:  At the Annual Meeting of Stockholders of the Corporation
duly called and held on May 27, 1999, the affirmative vote of a majority
of the votes permitted to be cast by the holders of the outstanding
shares of the Corporation's Common Stock, par value $0.01 per share, and
the holders of the outstanding shares of the Corporation's Series C
6.75% Cumulative Convertible Preferred Stock, par value $0.01 per share,
voting as a single class, was obtained in favor of such amendment with
respect to Article 4.

     THIRD:  Said amendment was duly adopted in accordance with the
provisions of Section 242 of the General Corporation Law of the State of
Delaware.




<PAGE>
<PAGE>

     IN WITNESS WHEREOF, Unified Financial Services, Inc. has cause
this Certificate of Amendment to be signed by Timothy L. Ashburn, its
Chairman of the Board, President and Chief Executive Officer, and
attested by Carol J. Highsmith, its Secretary, this 27th day of May
1999.

                    UNIFIED FINANCIAL SERVICES, INC.



                    By:  /s/ Timothy L. Ashburn
                       --------------------------------------------
                         Timothy L. Ashburn, Chairman of the Board,
                         President and Chief Executive Officer

Attest:



 /s/ Carol J. Highsmith
-----------------------------------
Carol J. Highsmith, Secretary