alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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#### WIN Radio Broadcasting Corp., Appellant, v Fletcher, Heald & Hildreth, PLC, Respondent.

[942 NYS2d 211]

In an action, inter alia, to recover damages for fraudulent misrepresentation and breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Grays, J.), entered March 24, 2011, which granted that branch of the defendant’s motion which was to dismiss the complaint, pursuant to CPLR 3211 (a) (5), on the ground that the action is barred by the doctrine of collateral estoppel.

Ordered that the order is affirmed, with costs.

The defendant, a Virginia-based law firm, represented the plaintiff in connection with the purchase of a New York-based radio station. The defendant previously commenced an action in Virginia against the plaintiff to recover unpaid legal fees incurred in connection with that transaction. The Virginia action terminated with a judgment in favor of the defendant, directing the plaintiff to pay the defendant for outstanding legal fees. In this action, the plaintiff alleges, inter alia, that one of the defendant’s attorneys misrepresented that the defendant could competently represent the plaintiff in the acquisition of the New York-based radio station.

The Supreme Court properly directed dismissal of the complaint pursuant to the doctrine of collateral estoppel. “Collateral estoppel, or issue preclusion, ‘precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding and decided against that party . . . , whether or not the tribunals or causes of action are the same’ ” *(Parker v Blauvelt Volunteer Fire Co.,*93 NY2d 343, 349 [1999], quoting *Ryan v New York Tel. Co.,*62 NY2d 494, 500 [1984]). “The doctrine applies if the issue in the second ac*986tion is identical to an issue which was raised, necessarily decided and material in the first action, and the plaintiff had a full and fair opportunity to litigate the issue in the earlier action” *(Parker v Blauvelt Volunteer Fire Co.,*93 NY2d at 349).

Here, the issues raised in the complaint were necessarily decided against the plaintiff in the Virginia action. Furthermore, the plaintiff had a full and fair opportunity to litigate the claims raised in its complaint in the Virginia action. Under these circumstances, the Supreme Court properly directed dismissal of the complaint pursuant to the doctrine of collateral estoppel.

We do not reach the parties’ contentions regarding the remaining branches of the defendant’s motion, which were to dismiss the complaint pursuant to CPLR 3211 (a) (1), (4), (5) (based on the statute of limitations), (7) and (8), as the Supreme Court did not determine those branches of the motion and, thus, they remain pending and undecided and, in any event, are academic *(see Katz v Katz,*68 AD2d 536, 542-543 [1979]; *James v Arango,*72 AD3d 899 [2010]). Angiolillo, J.P., Dickerson, Belen and Hall, JJ., concur.
#### George H. Case, Appellant, *v.*William T. Mannis et al., Respondents.

(Argued October 20, 1890;

decided December 2, 1890.)

Appeal from order of the General Term of the Supreme Court in the third judicial department, made September 9, 1890, which affirmed an order of Special Term modifying, and affirming as modified, a decree in foreclosure, entered upon the report of a referee.

*L. H. Northrup*for appellant.

*R. O. Bascom*for respondents.

Agree to affirm; no opinion.

All concur.

Order affirmed.
1 The Honorable Ralph R. Erickson, United States District Judge for the District of North Dakota. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 03-3066

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of North Dakota. Enrique Cahue-Rangel, also known as * Antonio Diaz-Lopez, * [UNPUBLISHED] * Appellant. *

___________ Submitted: April 5, 2004 Filed: April 14, 2004

___________ Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.

___________ PER CURIAM. Enrique Cahue-Rangel appeals the sentence the district court 1 imposed when he pleaded guilty to illegal reentry after deportation following a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). Cahue-Rangel’s counsel has moved to withdraw and filed a brief under Anders v. California , 386 U.S.-2- 738 (1967), contending that, for several reasons, the district court should have granted Cahue-Rangel a downward departure. We conclude, however, that the district court’s refusal to depart is unreviewable because the court recognized its authority to depart and declined to do so. SeeUnited States v. Koons , 300 F.3d 985, 993-94 (8th Cir. 2002). After reviewing the record independently under Penson v. Ohio , 488 U.S. 75 (1988), we have found no nonfrivolous issues. Accordingly, we deny the government’s motion to dismiss, grant counsel’s motion to withdraw, and affirm the judgment.

______________________________
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<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
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<PERIOD-END>                               DEC-31-1996
<CASH>                                           2,074
<SECURITIES>                                 1,370,408
<RECEIVABLES>                                    7,141
<ALLOWANCES>                                         0
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<TOTAL-ASSETS>                               1,379,623
<CURRENT-LIABILITIES>                            8,814
<BONDS>                                              0
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<TOTAL-LIABILITY-AND-EQUITY>                 1,379,623
<SALES>                                              0
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<CGS>                                                0
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</TABLE>
EXHIBIT
32.1





CERTIFICATION
OF PRINCIPAL EXECUTIVE OFFICER





Pursuant
to Section 906 of the Sarbanes Oxley Act of 2002 (18 U.S.C. 1350)
and


Rules
13a-14(b) of the Securities Exchange Act of 1934





I, Daniel
A. Ninivaggi, President of Icahn Enterprises G.P. Inc., the general partner of
Icahn Enterprises Holdings L.P., certify that, to the best of my knowledge,
based upon a review of the Icahn Enterprises L.P. quarterly report on Form 10-Q
for the period ended September 30, 2010 of the registrant:




(1) 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
registrant.




/s/  Daniel
      A. NinivaggiDaniel
      A. NinivaggiPresident
      of Icahn Enterprises G.P. Inc., the general partner of Icahn Enterprises
      Holdings L.P.





Date:
November 15, 2010
IN THE COURT OF APPEALS OF TENNESSEE

AT KNOXVILLE

April 9, 2014 Session

DENZIL RUSS PARTIN v. GARY PERKINS, in his capacity as

CAMPBELL COUNTY SHERIFF

Appeal from the Circuit Court for Campbell County

No. 14936 John D. McAfee, Judge

No. E2013-02000-COA-R3-CV-FILED-APRIL 9, 2014

This is an appeal from a final order entered on July 8, 2013. The Notice of Appeal was not

filed until August 9, 2013, more than (30) days from the date of entry of the order to which

it is directed. Because the Notice of Appeal was not timely filed, we have no jurisdiction to

consider this appeal.

Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed

JOHN W. MCCLARTY, J., CHARLES D. SUSANO, JR., C.J., AND THOMAS R. FRIERSON, II, J.

Denzil Russ Parton, Emlyn, Kentucky, appellant, pro se.

Joseph Grant Coker, Jacksboro, Tennessee, for the appellee, Gary Perkins, in his capacity as

Campbell County Sheriff.

MEMORANDUM OPINION

1

By order entered on January 31, 2014, the Court directed the pro se appellant to show

cause why this appeal should not be dismissed for lack of jurisdiction based upon the

Rule 10 of the Rules of the Court of Appeals provides as follows: 1

ThisCourt, with the concurrence of all judges participating in the case, may

affirm, reverse or modify the actions of the trial court by memorandum

opinion when a formal opinion would have no precedential value. When

a case is decided by memorandum opinion it shall be designated

“MEMORANDUM OPINION,” shall not be published, and shall not be

cited or relied on for any reason in any unrelated case.
untimely filing of the Notice of Appeal. The appellant’s timely filed response to the show

cause order asserts that he did not receive the order on appeal from his attorney until July 30,

2013. The appellant states in his response that he then had thirty (30) days “from notice to

file my appeal.” The appellant has not provided good cause for why this appeal should not

be dismissed for lack of jurisdiction. In fact, the appellant’s assertions demonstrate that he

had eight (8) days from the time he obtained the order on appeal until the August 7, 2013

deadline for filing a notice of appeal in this case.

In order to be timely, a notice of appeal must “be filed with and received by the clerk

of the trial court within 30 days after the date of entry of the judgment appealed from.”

Tenn. R. App. P. 4(a). “The thirty-day time limit for filing a notice of appeal is mandatory

and jurisdictional in civil cases.” Albert v. Frye, 145 S.W.3d 526, 528 (Tenn. 2004).

Because the Notice of Appeal in this case was filed more than thirty (30) days after

the date of entry of the final order, we lack jurisdiction to consider the appeal. This appeal

is dismissed. Costs on appeal are taxed to the appellant, Denzil Russ Partin, for which

execution may issue if necessary.

PER CURIAM

-2-