alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-30773

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

OBID ABDULLAH ALKUNIFED,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Middle District of Louisiana

USDC No. 97-CR-24-ALL

- - - - - - - - - -

February 11, 1998

Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges. 

PER CURIAM:*

Court-appointed counsel for Obid Abdullah Alkunifed has

filed a brief as required by Anders v. California, 386 U.S. 738

(1967). Our independent review of the brief and record discloses

no nonfrivolous issue. Accordingly, counsel is excused from

further responsibilities herein, and the APPEAL IS DISMISSED. 

See 5th Cir. R. 42.2.

Alkunifed’s contention that counsel was ineffective for

collaborating with the Assistant United States Attorney (AUSA) to
No. 97-30773

-2-

close his case and his contention that the AUSA induced him to

plead guilty in exchange for legal permanent residence are not

sufficiently developed in the record before us; as to those

contentions only, Alkunifed’s appeal is DISMISSED without

prejudice to Alkunifed’s ability to raise those contentions in a

motion pursuant to 28 U.S.C. § 2255. See United States v.

Higdon, 832 F.2d 312, 313-14 (5th Cir. 1988); see also United

States v. Birdwell, 887 F. 2d 643, 645 (5th Cir. 1989).

FURTHER, the defendant’s motion for appointment of counsel

is DENIED.
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In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

___________________________

No. 02-21-00047-CV

___________________________

On Appeal from the 431st District Court

Denton County, Texas

Trial Court No. 20-7122-431

Before Sudderth, C.J.; Kerr and Walker, JJ.

Memorandum Opinion by Justice Walker

JOE ERVIN LOCKRIDGE, Appellant

V.

STEPHANIE MARTIN, Appellee
2

MEMORANDUM OPINION

Appellant Joe Ervin Lockridge attempts to appeal from the trial court’s order 

granting appellee Stephanie Martin’s motion to transfer venue. Because we do not 

have jurisdiction over Lockridge’s attempted appeal, we dismiss.

Lockridge filed suit against, among others, Martin in her official capacity as a 

Dallas County assistant district attorney, raising multiple tort claims. Martin moved to 

transfer venue of Lockridge’s claims against her to Dallas County because his claims 

were against a governmental entity—an assistant district attorney in her official 

capacity—setting mandatory venue in Dallas County. See Tex. Civ. Prac. & Rem. 

Code Ann. § 15.015. The trial court granted the motion to transfer venue. Lockridge 

filed a notice of appeal from the order. 

We have jurisdiction to consider appeals only from final judgments or from 

interlocutory orders made immediately appealable by statute. See Lehmann v. Har-Con 

Corp., 39 S.W.3d 191, 195 (Tex. 2001). The trial court’s venue order was not a final 

judgment, and a ruling on a motion to transfer venue is not subject to interlocutory 

appeal.

1

 See Tex. R. Civ. P. 87(6).

We notified Lockridge that we questioned our jurisdiction over his appeal and 

gave him an opportunity to show grounds to continue it. See Tex. R. App. P. 42.3, 

1Lockridge’s suit does not involve multiple plaintiffs, which would permit an 

interlocutory appeal under certain circumstances. See Tex. Civ. Prac. & Rem. Code 

Ann. § 15.003(b).
3

44.3. Lockridge responded but did not establish jurisdictional grounds supporting his 

appeal. Accordingly, we dismiss Lockridge’s appeal for want of jurisdiction. See Tex. 

R. App. P. 42.3(a), 43.2(f). 

/s/ Brian Walker

Brian Walker

Justice

Delivered: April 15, 2021
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

DANIEL VAN BOMMEL and TRACI VAN BOMMEL,

Appellants,

v.

PEOPLE’S TRUST INSURANCE COMPANY OF FLORIDA,

Appellee.

No. 4D19-794

[January 16, 2020]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Cymonie S. Rowe, Judge; L.T. Case No. 2017-CA-012196.

Mark A. Nation of The Nation Law Firm, LLP, Longwood, for appellants.

Mark D. Tinker of Cole, Scott & Kissane, P.A., Tampa, and Brett Frankel 

and Jonathan Sabghir of People’s Trust Insurance Company, Deerfield 

Beach, for appellee.

PER CURIAM.

Affirmed.

GROSS, DAMOORGIAN and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
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IN THE COURT OF APPEALS 08/06/96

OF THE

STATE OF MISSISSIPPI

NO. 94-CA-00231 COA

HARRY A. STEWART, SR. AND BETTY D. STEWART

APPELLANT

v.

MERCHANTS NATIONAL BANK, VICKSBURG, MISSISSIPPI

APPELLEE

CONSOLIDATED WITH

NO. 90-CA-00410 COA

MERCHANTS NATIONAL BANK APPELLANT

V.

HARRY A. STEWART, SR. AND BETTY STEWART APPELLEES

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND

MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

McMILLIN, J., DISSENTING:

I respectfully dissent. In my opinion, the Stewarts in this case are attempting to collect monetary

damages that were collectible only in the contempt proceeding reported as Merchants National Bank

v. Stewart, 523 So. 2d 961 (Miss. 1988), and which the majority has referred to as "Stewart I." The

majority opinion states quite correctly that the Stewarts are seeking "bad faith" damages, both

compensatory and punitive, from the Bank for its "failure to foreclose on the first deed of trust, and

its subsequent citation for contempt."
The evident problem with permitting them to do so is that these damages were properly recoverable

in the contempt proceeding itself, but were apparently not sought and certainly were not awarded,

either at the trial level or in the subsequent appeal, as a reading of the reported decision will readily

demonstrate. The first time this claim by the Stewarts for such damages was raised was as a

counterclaim in the subsequent interpleader action to determine the proper distribution of sales

proceeds from the foreclosure that was mandated by the appeal in "Stewart I."

That was too late. The right to claim such damages was, at that point, unavailable to the Stewarts

under the doctrine of res judicata. There are four identities necessary for the doctrine of res judicata

to apply: (1) identity of subject matter, (2) identity of cause of action, (3) identity of parties, and (4)

identity of character of the entity against whom a claim is asserted. Dunaway v. W.H. Hopper &

Assocs., Inc., 422 So. 2d 749, 751 (Miss. 1982). "If these four identities are present, the parties will

be prevented from relitigating all issues tried in the prior lawsuit, as well as all matters which should

have been litigated and decided in the prior suit." Id. at 751. The identities are certainly present in

this case. The claim (1) involves the bank’s allegedly wrongful acts that resulted in the contempt

proceeding, (2) the damage claims are clearly incidental to the contempt action and were certainly

recoverable in that action, (3) the parties are exactly the same, and (4) the bank appears in the same

character in both the contempt proceeding and this subsequent action.

I would affirm the decision of the trial court.

FRAISER, C.J., AND SOUTHWICK, J., JOIN THIS DISSENT.
#### In the Matter of Stephen Mikes, Appellant, v Raymond Kelly et al., Respondents.

[944 NYS2d 145] —

Judgment, Supreme Court, New York County (Marcy S. Friedman, J.), entered October 14, 2010, denying the petition and dismissing the proceeding brought pursuant to CPLR article 78, which sought to annul respondents’ determination denying petitioner’s application for accident disability retirement (ADR) benefits, unanimously affirmed, without costs.

Credible evidence supported the conclusion that petitioner’s injuries did not warrant a grant of ADR benefits *(see generally Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund,*90 NY2d 139, 145 [1997]). The Medical Board, upon repeated reviews of the relevant medical evidence and multiple examinations of petitioner, concluded that petitioner’s complaints were not consistent with its objective physical findings, or were the result of degenerative conditions, not the result of a line-of-duty incident. The Board of Trustees was entitled to rely on the Medical Board’s findings *(see Matter of Appleby v Herkommer,*165 AD2d 727 [1990]).

We have considered petitioner’s remaining arguments and find them unavailing. Concur — Tom, J.P., Sweeny, Renwick, Freedman and Abdus-Salaam, JJ. [Prior Case History: 2010 NY Slip Op 32669(U).]
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 Amended Quarterly Report of Optical Cable Corporation (the Company) on Form 10-Q/A for the quarter ended April 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), the
undersigned hereby certifies, 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 and Exchange Act of 1934; and (2) the information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of the Company as of April 30, 2007, and for the period
then ended.



|                         |  |                                           
|------------------------ |  | ------------------------------------------
|Date: September 14, 2007 |  | /s/ Tracy G. Smith                        
|                         |  | Tracy G. Smith                            
|                         |  | Vice President and Chief Financial Officer
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                    U.S. DEPARTMENT OF AGRICULTURE
 Crop Diseases, Pests and Genetics Research: Parlier, CA
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Nalong  Mekdara
                        Crop Diseases, Pests and Genetics Research

                        




                        
                        Biological Science Technician
                        Phone: (559) 596-2940
                        
                        
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```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1839 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 1839

   To suspend temporarily the duty on 2-chloro-N-[2,6-dinitro-4-(tri-
       fluoromethyl) phenyl]-N-ethyl-6-fluorobenzenemethanamine.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 24, 1998

   Mr. Helms introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on 2-chloro-N-[2,6-dinitro-4-(tri-
       fluoromethyl) phenyl]-N-ethyl-6-fluorobenzenemethanamine.

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

SECTION 1. 2-CHLORO-N-[2,6-DINITRO-4-(TRI-FLUOROMETHYL) PHENYL]-N-
              ETHYL-6-FLUOROBENZENEMETHANAMINE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.29.23      2-chloro-N-[2,6-                                                                         
                        dinitro-4-(tri-                                                                         
                        fluoromethyl)                                                                           
                        phenyl]-N-ethyl-6-                                                                      
                        fluorobenzenemeth                                                                       
                        anamine (CAS No.                                                                        
                        62924-70-3)                                                                             
                        (provided for in                                                                        
                        subheading                                                                              
                        2924.29.90)......  Free         No change         No change         On or before 12/    
                                                                                             31/02              
                                                                                                                

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to articles entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of enactment of 
this Act.
                                 <all>
```
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 Thanksgiving Coffee Company, Inc. (the Company) on Form 10-Q
for the quarter ended March 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, the undersigned President of the Company hereby certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



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



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



/s/ Joan KatzeffPresident May 15, 2007