alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

BRIAN SYMONETTE, SR.
, Appellant,

v.

OLGA D. LOZANO, CNA SURETY, BUDGET NOTARY SERVICES, INC.,

CRISTINA SANTAMARIA
, THE KEYES COMPANY
, ALEX RUIZ, and

STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES Appellee s

.

No. 4D 20

- 2424

[ October 20, 2021 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County ; Jeffrey R. Levenson , Judge; L.T. Case No. CACE 19

- 025360

.

Brian Symonette, Sr., Moore Haven, pro se.

Edw ard Etcheverry and Steve Kerbel of Etcheverry Harrison, LLP, Fort Lauderdale, for appellee C NA Surety.

Timothy B. Elliott of Smith & Associates, Tallahassee, for appellee Budget Notary Services.

Bruce I. Kamelhair of Friedlander & Kamelhair, Pembroke Pin es, for appellees The Keyes Company and Cristina Santamaria.

P ER C URIAM

.

Appellant appeals an order granting appellees Cristina Santamaria ’s

and The Keyes Company ’ s motion to dismiss the amended complaint with prejudice. He also appeals the order s granting motions to quash service of process on appellees CN A Surety and Alex Ruiz.

Appellees Budget Notary Services, Inc. , Santamaria, and Keyes have filed a joint state ment of “confession of error,” “acknowledg[ing] that the decision below was in error in granting the Motions to Dismiss with Prejudice [

. ] ” They a gree that appellant should be given “additional time to attempt to correct his complaint and file and [ sic ] am ended plead[ing].”2 Pursuant to the concession, we reverse the order dismissing the complaint with prejudice and remand for the trial court to provide appellant with an additional opportunity to file an amended complaint.

As to the motions to quash servic e of process on appellees CNA Surety and Ruiz, we affirm. 1 Service on CNA did not comport with section

624.422

- 23 , Florida Statutes (2020)

. And Ruiz filed an unopposed affidavit stating that he was not personally served with process, and the address on the service was not his “usual place of abode.” See § 48.031

, Fla. Stat

. (2020). Thus, service was not perfected on Ruiz.

Appellant also appeals the denial of his motion for default final judgment against Santamaria. That is a non

- appealable non

- final order

. See Westwood One, Inc. v. Flight Express, Inc. , 940 So. 2d 1241, 1243 (Fla. 5th DCA 2006). We dismiss the appeal on that issue.

Reversed as to order granting motion to dismiss with prejudice; affirmed

as to the order s granting motion to quash service ; appeal dismissed as to

the denial of the motion for default final judgment

.

W ARNER
, G ERBER and A RTAU

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.

1 The orders granting the motion to quash service of process are non

- final appealable orders. Fla. R App. P. 9.130(a)(3)(C)i; See Hernandez v. State Farm

Mut. Auto. Ins. Co. , 32 So. 3d 695 (Fla. 4th DCA 2010)

.
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 Sunburst Acquisitions III, Inc.
(the "Company") on Form 10-QSB for the period ending November 30, 2005,
(the "Report"), I, Scott MacCaughern, Principal Executive Officer and
Director 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 requirement 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 Company's financial position and results of
       operations.


January 17, 2006

/S/ Scott MacCaughern
Scott MacCaughern (Principal Executive Officer and Director)
<TABLE> <S> <C>

<ARTICLE> 7
<CIK> 0000277269
<NAME> FARM FAMILY MUTUAL INSURANCE COMPANY
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               DEC-31-1995
<DEBT-HELD-FOR-SALE>                           181,189
<DEBT-CARRYING-VALUE>                           12,386
<DEBT-MARKET-VALUE>                             13,100
<EQUITIES>                                       4,746
<MORTGAGE>                                       1,822
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                 207,921
<CASH>                                           2,410
<RECOVER-REINSURE>                              13,773
<DEFERRED-ACQUISITION>                          10,527
<TOTAL-ASSETS>                                 278,288
<POLICY-LOSSES>                                137,978
<UNEARNED-PREMIUMS>                             52,799
<POLICY-OTHER>                                   7,788
<POLICY-HOLDER-FUNDS>                           65,284
<NOTES-PAYABLE>                                  2,707
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   278,288
<PREMIUMS>                                     116,936
<INVESTMENT-INCOME>                             14,326
<INVESTMENT-GAINS>                                 912
<OTHER-INCOME>                                     840
<BENEFITS>                                      83,184
<UNDERWRITING-AMORTIZATION>                     34,902
<UNDERWRITING-OTHER>                                 0
<INCOME-PRETAX>                                 14,590
<INCOME-TAX>                                     4,984
<INCOME-CONTINUING>                              9,606
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     9,606
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<RESERVE-OPEN>                                 103,660
<PROVISION-CURRENT>                             88,366
<PROVISION-PRIOR>                               (5,182)
<PAYMENTS-CURRENT>                              40,519    
<PAYMENTS-PRIOR>                                33,066
<RESERVE-CLOSE>                                109,323     
<CUMULATIVE-DEFICIENCY>                              0
        

</TABLE>
# C_2004320EN.01002101.xml

| 24.12.2004 | EN | Official Journal of the European Union | C 320/21 |
| --- | --- | --- | --- |

24.12.2004

EN

Official Journal of the European Union

C 320/21

---

COMMUNICATION

COMMUNICATION

(2004/C 320/11)

The publication in
  Official Journal of the European Union C 311 of 16 December 2004 of a communication entitled ‘CUBA — Draft Council conclusions on the fourteenth evaluation of the Common Position’ is to be regarded as void.

Official Journal of the European Union

---
Case 1:07-cv-05394-AKH     Document 19      Filed 09/12/2007     Page 1 of 3

Case 1:07-cv-05394-AKH     Document 19      Filed 09/12/2007     Page 2 of 3

Case 1:07-cv-05394-AKH     Document 19      Filed 09/12/2007     Page 3 of 3
Case 1:07-cv-05345-AKH     Document 5      Filed 09/05/2007     Page 1 of 1
EXHIBIT 32.3

CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(SUBSECTIONS (A) AND (B) OF SECTION 1350,

CHAPTER 63 OF TITLE 18, UNITED STATES CODE)

I, Gregory B. Milton, of OMNI Energy Services Corp., certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:



|(1) | the Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2006 (the Periodic Report) which this statement accompanies 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 Periodic Report fairly presents, in all material respects, the financial condition and results of operations of OMNI Energy Services Corp.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 10, 2006



/s/ Gregory B. MiltonGregory B. MiltonChief Accounting Officer




38
NO. 07-03-0099-CR

	IN THE COURT OF APPEALS

	FOR THE SEVENTH DISTRICT OF TEXAS

	AT AMARILLO

	PANEL A

	MARCH 19, 2003

	______________________________

	JAMES GABRIEL RIVERS, APPELLANT

	V.

	THE STATE OF TEXAS, APPELLEE

	_________________________________

	FROM THE 181ST DISTRICT COURT OF RANDALL COUNTY;

	NO. 12,748-B; HONORABLE JOHN BOARD, JUDGE

	_______________________________

Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

	MEMORANDUM OPINION

	Appellant James Gabriel Rivers filed a Motion to Dismiss Appeal on March 14, 2003, stating that he desires to withdraw his appeal.   The Motion to Dismiss is signed by both appellant and his attorney.  

	Without passing on the merits of the case, we grant appellant’s motion for voluntary dismissal and hereby dismiss the appeal.  Tex. R. App. P. 42.2.   Having dismissed the appeal at appellant’s personal request, we will not entertain a motion for rehearing, and our mandate will issue forthwith.  

							James T. Campbell

						    	        Justice

Do not publish.
Exhibit 10.7

                                FOURTH AMENDMENT
                                       TO
                 COMDIAL CORPORATION 1992 NON-EMPLOYEE DIRECTORS
                              STOCK INCENTIVE PLAN


         THIS FOURTH  AMENDMENT  to the Comdial  Corporation  1992  Non-Employee
Directors  Stock  Incentive  Plan (the "Plan") is made pursuant to the authority
under Section 13 of the Plan for the Board of Directors to amend the Plan.

         Section 16(b) of the Plan is amended by deleting the last two sentences
and inserting in lieu thereof:

         "Interest  shall  be  credited  to  the  Fee  Deferral  Account  at the
         six-month LIBOR rate as published in the Wall Street Journal or another
         nationally recognized  publication selected by the Company. The Company
         shall  determine the six-month  LIBOR rate as of the first business day
         of a calendar year and shall apply that interest rate for the remainder
         of the calendar year."

         IN WITNESS WHEREOF,  the Company has caused this Fourth Amendment to be
the Plan to be executed as of February 6, 1998.

                                             COMDIAL CORPORATION


                                             By:      /s/ Wayne R. Wilver
Case 1:07-cv-05370-AKH Document 29-2 Filed 11/09/2007 Page 1 of 4
Case 1:07-cv-05370-AKH Document 29-2 Filed 11/09/2007 Page 2 of 4
Case 1:07-cv-05370-AKH Document 29-2 Filed 11/09/2007 Page 3 of 4
Case 1:07-cv-05370-AKH Document 29-2 Filed 11/09/2007 Page 4 of 4
Case 1:07-cv-05289-AKH Document 24 Filed 05/01/2008 Page 1 of 3
Case 1:07-cv-05289-AKH Document 24 Filed 05/01/2008 Page 2 of 3
Case 1:07-cv-05289-AKH Document 24 Filed 05/01/2008 Page 3 of 3
Fourth Court of Appeals

San Antonio, Texas

February 25, 2019

No. 04-18-00023-CR

Casey Lane DAWSON,

Appellant

v.

The STATE of Texas,

Appellee

From the 198th Judicial District Court, Bandera County, Texas

Trial Court No. CR-16-0000128

Honorable M. Rex Emerson, Judge Presiding

O R D E R

Sitting: Sandee Bryan Marion, Chief Justice

Marialyn Barnard, Justice (not participating)

Patricia O. Alvarez, Justice

The panel has considered the Appellant’s Motion for Rehearing, and the motion is 

DENIED.

_________________________________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 25th day of February, 2019.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
Case 1:07-cv-04521-AKH Document 6 Filed 08/08/2007 Page 1 of 8
Case 1:07-cv-04521-AKH Document 6 Filed 08/08/2007 Page 2 of 8
Case 1:07-cv-04521-AKH Document 6 Filed 08/08/2007 Page 3 of 8
Case 1:07-cv-04521-AKH Document 6 Filed 08/08/2007 Page 4 of 8
Case 1:07-cv-04521-AKH Document 6 Filed 08/08/2007 Page 5 of 8
Case 1:07-cv-04521-AKH Document 6 Filed 08/08/2007 Page 6 of 8
Case 1:07-cv-04521-AKH Document 6 Filed 08/08/2007 Page 7 of 8
Case 1:07-cv-04521-AKH Document 6 Filed 08/08/2007 Page 8 of 8
Case 1:07-cv-05394-AKH Document 20 Filed 09/17/2007 Page 1 of 2
Case 1:07-cv-05394-AKH Document 20 Filed 09/17/2007 Page 2 of 2
[EXHIBIT 31.1]

                          CERTIFICATION

I, Paul Kravitz, certify that:

1.   I have reviewed this quarterly report on Form 10-QSB of Med Gen,
Inc.;

2.   Based on my knowledge, this quarterly 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 quarterly report;

3.   Based on my knowledge, the financial statements, and other
financial information included in this quarterly 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 quaterly report;

Date:  February 13, 2004



                                        By:____/s/Paul B. Kravitz_______
                                           Paul Kravitz
                                           Chief Executive Officer
# C_2011054EN.01003501.xml

| 19.2.2011 | EN | Official Journal of the European Union | C 54/35 |
| --- | --- | --- | --- |

19.2.2011

EN

Official Journal of the European Union

C 54/35

---

Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration’

COM(2010) 520 final — 2010/0274 (COD)

(2011/C 54/10)

The Council (on 19 October 2010) and the European Parliament (on 29 October 2010) decided to consult the European Economic and Social Committee, under Article 114 of the Treaty on the Functioning of the European Union (TFEU), on the

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 460/2004 establishing the European Network and Information Security Agency as regards its duration

COM(2010) 520 final – 2010/0274 (COD).

Since the Committee unreservedly endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 467th plenary session of 8 and 9 December 2010 (meeting of 8 December), by 101 votes to one, to issue an opinion endorsing the proposed text.

Brussels, 8 December 2010

The President of the European Economic and Social Committee

Staffan NILSSON

---
Exhibit 12.1
Computation of Ratio of Earnings to Fixed Charges               Years ended December 31   2004  2003  2002   (dollars in thousands) Inclusive of interest on deposits:            Pre-tax income from operations $15,453  $10,017  $11,298           Add: Interest on deposits  11,968   14,585   17,335 Interest on short-term borrowings,notes payable and long-term debt  4,389   3,831   4,853           Total fixed charges  16,357   18,416   22,188                        Pre-tax earnings before fixed charges $31,810  $28,433  $33,486                        Ratio of earnings to fixed charges,inclusive of interest on deposits  1.94x   1.55x   1.51x           Exclusive of interest on deposits:            Pre-tax income from operations $15,453  $10,017  $11,298 Add: Total fixed charges — intereston short-term borrowings, notespayable, and long-term debt  4,389   3,831   4,853           Pre-tax earnings before fixed charges $19,842  $13,848  $16,151           Ratio of earnings to fixed charges,exclusive of interest on deposits  4.52x   3.61x   3.33x                      Years ended December 31   2001  2000   (dollars in thousands) Inclusive of interest on deposits:        Pre-tax income from operations $9,626  $9,488        Add: Interest on deposits  24,455   23,582 Interest on short-term borrowings, notespayable and long-term debt  7,598   8,517        Total fixed charges  32,053   32,099                 Pre-tax earnings before fixed charges $41,679  $41,587                 Ratio of earnings to fixed charges,inclusive of interest on deposits  1.30x   1.30x        Exclusive of interest on deposits:        Pre-tax income from operations $9,626  $9,488 Add: Total fixed charges — interest onshort-term borrowings, notes payable, andlong-term debt  7,598   8,517        Pre-tax earnings before fixed charges $17,224  $18,005        Ratio of earnings to fixed charges,exclusive of interest on deposits  2.27x   2.11x
Exhibit 24.2



POWER OF ATTORNEY



I, Keith M. Rosenbloom, a duly elected Director of Comdial Corporation, a Delaware corporation, do hereby constitute and appoint Ralph R. Dyer and Carla K. Luke, or
either of them, my true and lawful attorneys-in-fact, each with full power of substitution, for me and in my name, place and stead, in any and all capacities (including without limitation, as Director of Comdial), to sign Comdials Annual
Report on Form 10-K for the year ended December 31, 2003, which is to be filed with the Securities and Exchange Commission, with all exhibits thereto, and any and all documents in connection therewith, hereby granting unto said attorney-in-fact and
agent full power and authority to do and perform any and all acts and things requisite and necessary to be done, and hereby ratifying and confirming all that said attorney-in-fact and agent may do or cause to be done by virtue hereof. This power of
attorney shall not terminate upon my disability.



Dated: 03/26/04



| |  |                        
| |  | -----------------------
| |  | /s/ Keith M. Rosenbloom
| |  | Keith M. Rosenbloom
**Exhibit****32.1**
  **CEO CERTIFICATION PURSUANT TO**
 **RULE 13a - 14(b) OF THE SECURITIES EXCHANGE ACT**
 **OF 1934, AS AMENDED, AND**
 **18 U.S.C. SECTION 1350*******
 
 In connection with the Quarterly Report of Guaranty Federal Bancshares, Inc. (the "Company") on Form 10-Q for the quarter ended June 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Shaun A. Burke, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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/ Shaun A. Burke
  Shaun A. Burke
 Chief Executive Officer
 (Principal Executive Officer)
 
 August 15, 2005
 
 * A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 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.
**Exhibit 31.2**
**CERTIFICATION**
I, Cornelius T. Klerk, certify that:
1. I have reviewed this quarterly report on Form 10-Q of GameTechInternational, Inc.;
2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary tomake the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered bythis report;
3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present in allmaterial respects the financial condition, results of operations, and cashflows of the registrant as of, and for, the periods presented in thisreport;
4. The registrant’s other certifying officers and I are responsiblefor establishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand have:
     a) Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designed underour supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made knownto us by others within those entities, particularly during theperiod in which this report is being prepared;
     b) Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report ourconclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report basedon such evaluation; and
     c) Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourthquarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and
5. The registrant’s other certifying officers and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee ofregistrant’s board of directors (or persons performing the equivalentfunctions):
     a) All significant deficiencies and material weaknesses inthe design or operation of internal control over financialreporting, which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize, and reportfinancial information; and
     b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in theregistrant’s internal control over financial reporting.
Date: September 14, 2004    /S/ Cornelius T. Klerk  Cornelius T. Klerk Chief Financial Officer
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

22 

KA 12-02151 

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND VALENTINO, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

JAYSON M. CONNOLLY, DEFENDANT-APPELLANT. 

 

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SUSAN C. MINISTERO OF

COUNSEL), FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Genesee County Court (Robert C.

Noonan, J.), rendered November 5, 2012. The judgment convicted

defendant, upon his plea of guilty, of falsifying business records in

the first degree (two counts). 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed. 

Memorandum: Defendant appeals from a judgment convicting him

upon his plea of guilty of two counts of falsifying business records

in the first degree (Penal Law § 175.10). Contrary to defendant’s

contention, the record establishes that he knowingly, voluntarily and

intelligently waived the right to appeal (see generally People v

Lopez, 6 NY3d 248, 256), and that valid waiver forecloses any

challenge by defendant to the severity of the sentence (see id. at

255; see generally People v Lococo, 92 NY2d 825, 827; People v

Hidalgo, 91 NY2d 733, 737).

Entered: February 14, 2014 Frances E. Cafarell

Clerk of the Court
Case 1:07-cv-04521-AKH Document 40-2 Filed 12/06/2007 Page 1 of 2
Case 1:07-cv-04521-AKH Document 40-2 Filed 12/06/2007 Page 2 of 2