alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Nicole Demas, Appellant, v William Demas, Respondent.

—In an action for a divorce and ancillary relief, the plaintiff wife appeals, as limited by her brief, from (1) so much of an order of the Supreme Court, Queens County (Berkowitz, J.), dated October 30, 1985, as denied those branches of her motion which were for temporary maintenance and attorney’s fees; and (2) so much of an order of the same court, dated January 8, 1986, as, upon reargument, adhered to its prior determination with respect to temporary maintenance and attorney’s fees.

Ordered that the appeal from the order dated October 30, 1985, is dismissed, as the portion of that order appealed from was superseded by the order dated January 8, 1986, made upon reargument; and it is further,

Ordered that the order dated January 8, 1986, is affirmed insofar as appealed from; and it is further,

Ordered that the defendant is awarded one bill of costs.

It is well settled that the best remedy for alleged inequities with respect to pendente lite applications is a speedy trial *(see, Hildenbiddle v Hildenbiddle,*110 AD2d 819, 820). Based upon a review of the record, this does not appear to be a situation of genuine need on the part of the moving party *(see, Fagelbaum v Fagelbaum,*115 AD2d 454). Accordingly, Special Term did not err in denying the plaintiff’s request for temporary maintenance and attorney’s fees. Mangano, J. P., Brown, Weinstein and Spatt, JJ., concur.
CERTIFICATE OF LIMITED PARTNERSHIP
                                       OF
                        PAINEWEBBER/GEODYNE ENERGY INCOME
                            LIMITED PARTNERSHIP II-H


       The undersigned  General Partner hereby duly executes this Certificate of
Limited  Partnership of  PaineWebber/Geodyne  Energy Income Limited  Partnership
II-H (the  "Partnership"),  which is being filed with the  Secretary of State of
Oklahoma in accordance with the Oklahoma  Revised  Uniform  Limited  Partnership
Act.

       1.    The name of the Partnership is PaineWebber/Geodyne  Energy Income
Limited Partnership II-H.

       2. The address of the registered  office of the  Partnership is 320 South
Boston,  The Mezzanine,  Tulsa,  Oklahoma 74103,  and the name of the registered
agent whose business  office  address will be the same as the registered  office
address is Geodyne Production Company.

       3. The address of the principal  office of the  Partnership in the United
States  where its  partnership  records are to be kept or made  available is c/o
Geodyne  Production  Company,  320 South Boston Avenue,  the  Mezzanine,  Tulsa,
Oklahoma 74103-3708.

       4. The name,  the mailing  address and the street address of the business
or residence of each general partner of the Partnership are as follows:

Name                      Mailing Address            Business Address
----                      ---------------            ----------------
Geodyne Properties        320 S. Boston Ave.         320 S. Boston Ave.
Inc.                      The Mezzanine              The Mezzanine
                          Tulsa, OK 74103-3708       Tulsa, 0K 74103-3708

       5.    The latest  date upon which the  Partnership  is to  dissolve  is
December 31, 2011.

       SIGNED on this 17th day of May, 1989.


                                         GENERAL PARTNER:

                                         Geodyne Properties, Inc.
                                         a Delaware corporation

                                         By: /s/ Michael E. Luttrell
                                             -----------------------
                                             Michael E. Luttrell
                                             Executive Vice President
Order entered August 20, 2018 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-18-00897-CV 

IN RE WILLIAM SEDRIC AUTREY, Relator 

Original Proceeding from the 296th Judicial District Court 

Collin County, Texas 

Trial Court Cause No. 4298119410 

ORDER 

Before Justices Bridges, Brown, and Boatright 

Based on the Court’s opinion of this date, we DENY relator’s petition for writ of 

mandamus. 

/s/ DAVID L. BRIDGES 

 JUSTICE
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United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 00-3194

___________

Oren Goble, *

*

Appellant, * Appeal from the United States

* District Court for the Western

v. * District of Missouri.

*

Continental Casualty Company, * [UNPUBLISHED]

*

Appellee. *

___________

Submitted: March 28, 2001

Filed: April 3, 2001 

___________

Before RICHARD S. ARNOLD, FAGG, and BOWMAN, Circuit Judges.

___________

PER CURIAM.

Oren Goble was the chief executive officer of Win Vent, Inc., which maintained

a group long-term disability policy issued by Continental Casualty Company. In April

1993, Goble suffered a stroke, and in June 1993, Win Vent, Inc. closed. Goble sought

long-term disability benefits in February 1998, and Continental Casualty denied the

claim as untimely. Goble filed a lawsuit seeking disability benefits, and the district

court granted summary judgment to Continental Casualty, concluding Goble's claim

was untimely and the delay prejudiced Continental Casualty. Goble appeals arguing

the district court committed error in finding prejudice. We disagree. The district court
*The Honorable Ortrie D. Smith, United States District Judge for the Western

District of Missouri.

-2-

correctly found on undisputed facts that the delay prejudiced Continental Casualty.

Besides, the lawsuit was filed too late under the policy provision stating, "No action

can be brought after 3 years from the date written proof is required." We thus affirm

the district court.*

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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 on Form 10-QSB of OmniComm
Systems, Inc. (the Company) for the quarter ended September 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, being, Ronald T. Linares, Chief Financial
Officer 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:



| | 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                          
|------------------------------------------
|/s/ Ronald T. Linares                     
|Ronald T. Linares                         
|Vice President and Chief Financial Officer
|                                          
|November 21, 2005
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 11266 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.

MICHAEL BRENDAN O’CONNOR ,
Defendant

- Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:14

- CR

- 264

- 1

Before HIGGINBOTHAM , JONES, and HIGGINSON, Circuit Judges

. PER CURIAM: *
The Federal Public Defender appointed to represent Michael Brendan
O’Connor has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). O’Connor has file d a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein , as well

as O’Connor ’ s response . We concur with counsel’s assessment that the appeal

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED October 18, 2016

Lyle W. Cayce Clerk Case: 15-11266 Document: 00513722527 Page: 1 Date Filed: 10/18/2016No. 15

- 11266

2 presents no nonfrivolous issue for appellate review. Accordin gly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. O’Connor’s motion for appointment of counsel is DENIED. Case: 15-11266 Document: 00513722527 Page: 2 Date Filed: 10/18/2016
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<ARTICLE>                     5
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<CIK>                         0000825248
<NAME>                        ENEX INCOME AND RETIREMENT FUND - SERIES 2, L.P.
       
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<TOTAL-LIABILITY-AND-EQUITY>                 3,300,996
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</TABLE>
#### Aida Cuevas, Appellant, v 1738 Associates, LLC, et al., Respondents.

[946 NYS2d 576]

Order, Supreme Court, Bronx County (Barry Salman, J.), entered June 20, 2011, which denied plaintiffs motion for an order “striking defendants’ answer and/or directing a verdict in favor of plaintiff and/or finding as a matter of law that defend*638ants had notice of the dangerous condition sufficient to establish liability” due to spoliation of evidence, unanimously affirmed, without costs.

The court providently exercised its discretion in denying plaintiffs motion for spoliation sanctions. Plaintiff alleges that defendants destroyed or lost video surveillance tapes that supposedly recorded her slip and fall on a wet substance in the building vestibule. Given the lack of concrete evidence that the accident was even recorded in the first place and that plaintiff is still able to pursue her claim through the deposition testimony of a non-party witness, the court had a reasonable basis for denying spoliation sanctions *(see Scansarole v Madison Sq. Garden, L.P.,*33 AD3d 517, 518 [2006]; *Tommy Hilfiger, USA v Commonwealth Trucking,*300 AD2d 58, 60 [2002]; *Christian v City of New York,*269 AD2d 135 [2000]).

We have reviewed the remaining contentions and find them unavailing. Concur — Gonzalez, P.J., Tom, Andrias, Acosta and Freedman, JJ.