alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Remand and Opinion Filed June 6, 2013 

# S

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-13-00307-CV
ALEXUS WARGNIER, Appellant V. ALAN AND CYNTHIA WARGNIER, Appellee
On Appeal from the 354th District Court Hunt County, Texas Trial Court Cause No. 78725

MEMORANDUM OPINION Before Chief Justice Wright, Justi ce Lang-Miers, and Justice Lewis

The Court has before it the parties’ Ma y 15, 2013 agreed motion to set aside. We

GRANT the motion, SET ASIDE the trial court’s judgment wit hout regard to the merits, and

REMAND this case to the trial court to effect uate the agreement of the parties. See T EX

. R. A PP

. P. 42.1(a)(2)(B).

PER CURIAM

130307F.P05–2– 

# S

Court of Appeals Fifth District of Texas at Dallas
JUDGMENT

ALEXUS WARGNIER, Appellant

No. 05-13-00307-CV V.

ALAN AND CYNTHIA WARGNIER, Appellees On Appeal from the 354th District Court, Hunt County, Texas Trial Court Cause No. 78725. Opinion delivered per curiam. Chief Justice Wright, Justice Lang-Miers and Justice Lewis sitting for the Court.

In accordance with this Court’s opinion of this date, we SET ASIDE the trial court’s judgment without regard to the merits and REMAND this case to the trial court to effectuate the agreement of the parties. See T EX

. R. A PP

. P. 42.1(a)(2)(B).

We ORDER that appellees recover th eir costs of this appeal from appellant, unless the parties’ agreement states otherwise.

Judgment entered June 6, 2013

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE
EXHIBIT 32.1

                     CERTIFICATION OF PRESIDENT PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2003

In connection with the Quarterly Report of OraLabs Holding Corp. (the "Company")
on Form 10-QSB for the period ending June 30, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "Report") I, Gary H. Schlatter,
President of the Company, certify, pursuant to 18 USC SS. 1350, as adopted
pursuant to SS. 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 results of operations of the Company.





/s/ Gary H. Schlatter
----------------------------
Gary H. Schlatter, President



DATED AUGUST 20, 2004

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.
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2022-1399 

_____________________________

TONY JEROME BYRD, JR.,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Okaloosa County.

Michael A. Flowers, Judge.

December 18, 2023

PER CURIAM.

AFFIRMED.

OSTERHAUS, C.J., and B.L. THOMAS and WINOKUR, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Jessica J. Yeary, Public Defender, and Kevin P. Steiger, Assistant 

Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Trisha Meggs Pate, Assistant 

Attorney General, and Zachary F. Lawton, Assistant Attorney 

General, Tallahassee, for Appellee.
EXHIBIT 31.1CertificationsI, Sukhbir Singh Mudan, certify that:1. I have reviewed this Form 10-KSB for the year ended December 31, 2005, of Caneum, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the small business issuer as of, and for, the periods presentedin this report; 4. The small business issuer’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the small business issuer and have: a. Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the small business issuer, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularly duringthe period in which this report is being prepared;  b. Evaluated the effectiveness of the small business issuer’s disclosure controlsand procedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and  c. Disclosed in this report any change in the small business issuer’s internalcontrol over financial reporting that occurred during the small business issuer’s mostrecent fiscal quarter (the small business issuer’s fourth fiscal quarter in the case ofan annual report) that has materially affected, or is reasonably likely to materiallyaffect, the small business issuer’s internal control over financial reporting;5. The small business issuer’s other certifying officer(s) and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to the small businessissuer’s auditors and the audit committee of the small business issuer’s board of directors(or persons performing the equivalent functions):
 

 
 a. All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the small business issuer’s ability to record, process, summarize and reportfinancial information; and  b. Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the small business issuer’s internal control overfinancial reporting.Date: March 31, 2006/s/ Sukhbir Singh Mudan
#### UNITED STATES of America, Plaintiff-Appellee v. Carlos Hector PEREZ-DIAZ, also known as Roberto Perez-Gustos, Defendant-Appellant.

No. 10-40792

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

June 21, 2011.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Carlos Hector Perez-Diaz, Houston, TX, pro se.

Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.

*438PER CURIAM: *

The Federal Public Defender appointed to represent Carlos Hector Perez-Diaz (Perez) has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir.2011). Perez has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Perez’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 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.
<PAGE>
                                                                    EXHIBIT 11.3


                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 on Form 20-F (the "Form 20-F") of
ClearWave N.V., a Netherlands corporation (the "Company"), for the year ended
December 31, 2002, as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), each of the undersigned officers of the Company
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that, to his respective knowledge:

     1.   the Report fully complies, in all material respects, 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 20, 2003:               /s/ Alexander Tolstoy
                                    ---------------------------
                                    Alexander Tolstoy
                                    Chief Executive Officer



Dated:  May 20, 2003:               /s/ James J. Jackson
                                    ---------------------------
                                    James J. Jackson
                                    Chief Financial Officer

     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.
|     (1) | the      Quarterly Report on Form 10-Q of the Company for the quarterly period      ended September 30, 2009 (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:      October 27, 2009 | By:    | /s/ Jeffry      N. Quinn                                                           |   |
|                         |   | Name:       Jeffry N. Quinn                                                   |   |
|                         |   | Title:       President, Chief Executive Officer and Chairman of the    Board  |   |
|                         |   |                                                                                    |   |

----
Exhibit
10.92c




Summary of
2009 Incentive Compensation Plan
 
 On August
13, 2009 the Compensation Committee (the "Committee") of the Board of Directors
of Ore Pharmaceuticals Inc. (the "Company") approved the Company's Incentive
Compensation Plan (the "Plan") for 2009.  The Plan establishes
corporate and individual goals for eligible officers, including the current
Chief Financial Officer, but excluding in 2009 the Chief Executive Officer,
whose potential bonus is governed by terms in his employment
agreement.  The Plan provides percentage weightings for each eligible
officer in three areas: corporate financial performance, corporate operational
performance and individual executive performance within such executive's areas
of responsibility.  Subject to the discretion of the Committee as to
final amount, eligible officers may earn a bonus of up to 40% of their
respective salaries.  In the case of officers serving less than a full
year in 2009, the bonus amounts will be prorated.
 
 The
Committee intends to use the Plan as a guide to determine what level of bonus,
if any, will be paid to any of the eligible executives for their performance in
2009 based upon its judgment as to the level of achievement of each goal as of
year-end 2009.
#### Tyran C. Walton, Plaintiff, v Chun Y. Wong et al., Appellants. Mark Peterson, Respondent, v Constance Stago et al., Appellants, et al., Defendant.

— Judgment, Supreme Court, New York County (Walter Schackman, J.), entered on May 10, 1985, unanimously affirmed. Respondent shall recover of appellants $75 costs and disbursements of this appeal. (The appeal from the judgment of said court entered on June 6, 1985 was withdrawn by order of this court entered on June 12, 1986.) No opinion. Concur — Murphy, P. J., Sandler, Sullivan, Asch and Lynch, JJ.
Exhibit A



CONSENT OF INDEPENDENT AUDITORS



We hereby consent to the incorporation by reference in the previously filed Registration Statements on Form S-8 of Viryanet Ltd. (the Company) of our
independent auditors report dated February 17, 2004, except for note 1f, as to which the date is March 16, 2005, relating to the consolidated financial statements of Viryanet Ltd. appearing in the Companys Annual Report on Form 20-F/A
for the year ended December 31, 2003.



|                 |  |                                 
|---------------- |  | --------------------------------
|Tel-Aviv, Israel |  | KOST, FORER GABBAY and KASIERER 
|August 16, 2005  |  | A Member of Ernst & Young Global
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 Annual Report of FIRSTBINGO.COM(the "Company") on Form 10-KSB/A for the year ended December 31, 2004 as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Thomas Sheppard, Chief Executive 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated this 6th day of June, 2005.



| | /s/ Thomas Sheppard    
| | -----------------------
| | Thomas Sheppard        
| | Chief Executive Officer
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</TABLE>
EXHIBIT 31.1 -- CERTIFICATION

         I, Alberto DiBella, certify that:

         I have reviewed this report on Form 10-QSB of Enviro Voraxial
Technology, Inc.;

         1. Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this report;

         2. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

         3. The registrant's other certifying officer(s) and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

                  (a) Designed such disclosure controls and procedures, or
         caused such disclosure controls and procedures to be designed under our
         supervision, to ensure that material information relating to the
         registrant, including its consolidated subsidiaries, is made known to
         us by others within those entities, particularly during the period in
         which this report is being prepared;

                  (b) Evaluated the effectiveness of the registrant's disclosure
         controls and procedures and presented in this report our conclusions
         about the effectiveness of the disclosure controls and procedures, as
         of the end of the period covered by this report based on such
         evaluation; and

                  (c) Disclosed in this report any change in the registrant's
         internal control over financial reporting that occurred during the
         registrant's most recent fiscal quarter (the registrant's fourth fiscal
         quarter in the case of an annual report) that has materially affected,
         or is reasonably likely to materially affect, the registrant's internal
         control over financial reporting; and

         4. The registrant's other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the registrant's auditor and the audit committee of the
registrant's board of directors (or persons performing the equivalent
functions):

                  (a) All significant deficiencies and material weaknesses in
         the design or operation of internal control over financial reporting
         which are reasonably likely to adversely affect the registrant's
         ability to record, process, summarize and report financial information;
         and

                  (b) Any fraud, whether or not material, that involves
         management or other employees who have a significant role in the
         registrant's internal control over financial reporting.

Date: August 15, 2005

/s/ Alberto DiBella
-------------------
Alberto DiBella
Chief Executive Officer
# I140_I360_I526_app_wait_visa

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