alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DISMISS; and Opinion Filed April 3, 2014.

S

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-13-01403-CV

LINDA M. GARRARD AND PAUL GARRARD, Appellants

V.

DEUTSCHE BANK NATIONAL TRUST COMPANY, Appellee

On Appeal from the 191st Judicial District Court

Dallas County, Texas

Trial Court Cause No. 12-03456

MEMORANDUM OPINION

Before Justices Bridges, O'Neill, and Brown 

Opinion by Justice O'Neill

The clerk’s record in this case is overdue. By letter dated January 15, 2014, we informed 

appellants that we had been notified by the Dallas County District Clerk that the clerk’s record in 

this case had been prepared but had not been filed because appellant had not paid for or made 

arrangements to pay for the clerk’s record. We directed appellants to provide the Court with 

written verification that they had paid for or made arrangements to pay for the clerk’s record or 

that they had been found entitled to proceed without payment of costs within ten days. We 

cautioned appellants that if we did not receive the required verification, we might dismiss the 

appeal without further notice. To date, appellants have not provided the required verification, or 

otherwise corresponded with the Court regarding the status of the clerk’s record. 
–2–

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b), (c).

131403F.P05

/Michael J. O’Neill/

MICHAEL J. O’NEILL

JUSTICE
–3–

Court of Appeals

S

Fifth District of Texas at Dallas

JUDGMENT

LINDA M. GARRARD AND PAUL 

GARRARD, Appellants

No. 05-13-01403-CV V.

DEUTSCHE BANK NATIONAL TRUST 

COMPANY, Appellee

On Appeal from the 191st Judicial District 

Court, Dallas County, Texas

Trial Court Cause No. 12-03456.

Opinion delivered by Justice O'Neill. 

Justices Bridges and Brown participating.

In accordance with this Court’s opinion of this date, this appeal is DISMISSED.

It is ORDERED that appellee DEUTSCHE BANK NATIONAL TRUST COMPANY 

recover its costs of this appeal from appellants LINDA M. GARRARD AND PAUL 

GARRARD.

Judgment entered this 3rd day of April, 2014.

/Michael J. O’Neill

MICHAEL J. O’NEILL

JUSTICE
**EXHIBIT 32.1**

**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)**

Pursuant to Section 906 of the Sarbanes-Oxley Actof 2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) (the “Act”), the undersigned, Robert J. Benkowski, Chief Executive Officer and Principal Financial Officer of MicroMedCardiovascular, Inc. (the “Company”), hereby certifies that, to his knowledge: 

(1) the Company’s QuarterlyReport on Form 10-QSB for the quarter ended June 30, 2007, (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and 

(2) information contained in the Report fairly presents, in all material respects, the financial condition and results of operations ofthe Company. 

Dated: August 14, 2007
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED KRISTY ANN EVANS ,

Appellant ,
v. Case No. 5D 17

- 4090
DAVID EDWARD MILLER ,

Appellee

. ________________________________/ Opin ion filed October 12, 201 8 Appeal from the Circuit Court for Marion County , Jennifer Bass , Judge. Kristy Ann Evans, Fort Lauderdale , pro se. Linda A. Wagner, of Middleton & Middleton, P

. A

. , Melrose, for Appellee. PER CURIAM.
The former wife, Kristy Ann Evans, appeals the trial court’s order granting the former husband ’s, David Edward Miller , supplemental petition to modify timesharing, the parenting plan, and child support. The former wife argues that we “should revisit the
issue s” to determine whether the trial court properly granted the former husband’ s

su pplemental petition.
B ecause we do not have a transcript of the proceedings below, we cannot address the former wife’s contention that the trial court ’ s decision on the issue s is without2

evidentiary support. See Applegate v. Barnett Bank of Tallahassee , 377 So. 2d 1150, 1152 (Fla. 1979)

. Thus , we must affirm unless the former wife can demonstrate that “fundamental error appears on the face of the appealed order.” Murphy v. Murphy , 948 So. 2d 864, 865 (Fla. 5th DCA 2007)

. The f ormer wife has made no such showing in this

case

. AFFIRMED.
ORFINGER , EVANDER and WALLIS , JJ., concur.
Exhibit 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER

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 Form 10-Q for the three month period ended March 31, 2004 of SumTotal Systems, Inc. (the Company) as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, R. Andrew Eckert, President and 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 the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ R. ANDREW ECKERTR. Andrew EckertPresident and Chief Executive OfficerDate: May 17, 2004




A signed
original of this written statement required by Section 906 has been provided to SumTotal Systems, Inc. and will be retained by SumTotal Systems, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
# Official Journal L 136/2017

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 136 |
| | |
| English edition | Legislation | Volume 6024 May 2017 |

ISSN 1977-0677

Official Journal

of the European Union

L 136

English edition

Legislation

Volume 6024 May 2017

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | Definitive adoption (EU, Euratom) 2017/851 of amending budget No 1 of the European Union for the financial year 2017 | 1 |

Contents

I   Legislative acts

page

Definitive adoption (EU, Euratom) 2017/851 of amending budget No 1 of the European Union for the financial year 2017

1

All amounts in this budget document are expressed in euro unless otherwise indicated.

Any revenue provided for in Article 21(2) and (3) of the Financial Regulation, entered in Titles 5 and 6 of the statement of revenue, may lead to additional appropriations being entered on the headings which bore the initial expenditure giving rise to the corresponding revenue.

Figures for outturn refer to all authorised appropriations, including budget appropriations, additional appropriations and earmarked revenue.

Budgetary remarks are only executable insofar as they do not modify or extend the scope of an existing legal base, impinge on the administrative autonomy of institutions and can be covered by available resources (as indicated in the annex to the executability letter dated 28 October 2015).

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
* This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. This court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

1 The “safety valve” allows departure below minimum sentencing. 

## F I L E D United States Court of Appeals Tenth Circuit 

### DEC 18 1998 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JOHNNY RAY MONTOYA, Defendant-Appellant. No. 97-2329 (D.C. No. CR-97-80-LH) (District of New Mexico)

ORDER AND JUDGMENT *
Before PORFILIO , MCWILLIAMS , and HENRY , Circuit Judges.

This case presents a single issue of whether appellant’s possession of a firearm which he kept in the same closet as the controlled substance he distributed provides sufficient evidence to deny him the benefit of the sentencing “safety valve,” 1 18 U.S.C.- 2 -

§ 3553(f)(1)-(5), in the absence of any evidence he ever possessed, used, or carried any dangerous weapon in connection with the offense. Notwithstanding an inventive oral argument, we believe this case is absolutely controlled by United States v. Hallum , 103 F.3d 87, 89 (10th Cir. 1996), a case this panel cannot overrule. United States v. Foster , 104 F.3d 1228, 1229 (10th Cir. 1997). Accordingly, we AFFIRM the judgment of the district court.
ENTERED FOR THE COURT
John C. Porfilio Circuit Judge
James C. KARAHALIOS, Jr., Petitioner v. UNITED STATES

No. 19-5107

Supreme Court of the United States.

October 7, 2019

Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.
Donald J. TRUMP, et al., Petitioners v. DEUTSCHE BANK AG, et al.

No. 19-760 (19A640)

Supreme Court of the United States.

December 13, 2019

Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit in No. 19-715 granted. The application (19A640) for stay presented to Justice Ginsburg and by her referred to the Court granted, and it is ordered that the mandate of the United States Court of Appeals for the Second Circuit, case No. 19-1540, is hereby stayed pending further order of the Court. In addition, the application is treated as a petition for a writ of certiorari to the United States Court of Appeals for the Second Circuit, and the petition is granted. The case is consolidated, and a total of one hour is allotted for oral argument. The case will be set for argument in the March 2020 argument session.
Aaron BRENT, Petitioner v. Ashley WORKMAN

No. 19-6118

Supreme Court of the United States.

December 9, 2019

Petition for writ of certiorari to the Court of Appeals of Michigan denied.
Olufemi S. COLLINS, Petitioner v. Mark GONZALEZ, et al.

No. 19-5885

Supreme Court of the United States.

January 27, 2020

Petition for rehearing denied.
# C_2020345EN.01023601.xml

| 16.10.2020 | EN | Official Journal of the European Union | C 345/236 |
| --- | --- | --- | --- |

16.10.2020

EN

Official Journal of the European Union

C 345/236

---

P8_TA(2018)0409

Launch of automated data exchange with regard to DNA data in Ireland *

European Parliament legislative resolution of 24 October 2018 on the draft Council implementing decision on the launch of automated data exchange with regard to DNA data in Ireland (11282/2018 — C8-0389/2018 — 2018/0809(CNS))

(Consultation)

(2020/C 345/38)

The European Parliament,

| — | having regard to the Council draft (11282/2018), |
| --- | --- |

—

having regard to the Council draft (11282/2018),

| — | having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0389/2018), |
| --- | --- |

—

having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0389/2018),

| — | having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), and in particular Article 33 thereof, |
| --- | --- |

—

having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), and in particular Article 33 thereof,

| — | having regard to Rule 78c of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 78c of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0343/2018), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0343/2018),

| 1. | Approves the Council draft; |
| --- | --- |

1.

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

2.

| 3. | Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament; |
| --- | --- |

3.

| 4. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

4.

---

(1)  OJ L 210, 6.8.2008, p. 1.

---
<PAGE>
                                                                    EXHIBIT 10.9

December 23, 2003


Mr. Anthony J. Nocella
9800 Richmond Avenue
Suite 680
Houston, Texas  77042

Dear Tony:

This letter shall serve as a conditional offer of employment to you by Franklin
Bank S.S.B ("Franklin") and Franklin Bank Corp. This offer is conditional upon
the happening of the initial public offering of Franklin Bank Corp (the "IPO").
Thus, if you accept this offer and the IPO occurs, this letter agreement will
take effect and supersede the prior letter agreement between you and by Franklin
setting forth certain terms of your employment. If the IPO does not occur, this
letter will be null and void and of no force and effect.

The above referenced offer is as follows:

Position:         Chief Executive Officer

Salary & Bonus:   Your current salary is $300,000 per annum and you will
                  participate in Franklin's bonus program with a 2004 target
                  of $150,000.

Restricted Stock: In connection with the IPO, you will receive shares of
                  restricted stock of Franklin Bank Corp. as set forth in a
                  separate restricted stock award agreement

Expenses:         You will receive annual allowances as follows: auto --
                  $8,000, club dues $10,000, and executive physical
                  examination of $1,200.

Severance:        Generally, you will receive a severance of twelve months'
                  salary continuation, if terminated by Franklin without
                  cause prior to a change of control. However, after a
                  change of control, you will be provided with severance and
                  other benefits under a change of control employment
                  agreement in accordance with the terms of that agreement,
                  which is attached hereto.
<PAGE>
Please note that at no point in time will this letter or the offer that it
memorializes, serve as or be construed to grant you, a guarantee of employment
for any period of time. You will be at all times an employee at will.

Please also note that this offer, and the above particulars, are subject to
Franklin's policies, any Franklin Bank Corp. Board of Directors' resolution or
directive regarding the same and the approval of Franklin Bank Corp.'s Board of
Directors.

Please confirm your acceptance of this offer of employment by signing this
letter where indicated and returning the executed original to our offices.
Should you have any questions about this offer of employment or the company,
please call the company at the above phone number.

Very truly yours,


By:  ____________________________
Name:  Russell McCann
Title: Chief Financial Officer

ACCEPTED:

_____________________________________   Date:   _____________________
Anthony J. Nocella
Harold B. ROTTE, Petitioner v. UNITED STATES.

No. 19-6481

Supreme Court of the United States.

December 9, 2019

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 40661 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
LUIS MENDOZA

- HERNANDEZ, also known as Liborio Campuzano

- Magana , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:13

- CR

- 1161

Before JOLLY, PRADO, and HAYNES, Circuit Judges. PER CURIAM: *
The attorney appointed to represent Luis Mendoza

- Hernandez 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). Mendoza

- Hernandez has filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein , as well

as Mendoza

- Hernandez ’ s response . We concur with counsel’s assessment that

* 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 June 30, 2015 Lyle W. Cayce Clerk Case: 14-40661 Document: 00513099698 Page: 1 Date Filed: 06/30/2015No. 14

- 40661

2 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 5 TH C IR

. R. 42.2. Case: 14-40661 Document: 00513099698 Page: 2 Date Filed: 06/30/2015
exv10w1



 




Exhibit 10.1




AMENDMENT TO EMPLOYMENT AGREEMENT



Pursuant to the terms of the employment agreement entered into as of February
22, 2001 between White Electronic Designs Corporation (the “Company”) and Hamid
R. Shokrgozar, the President and Chief Executive Officer of the Company, the
annual base salary for Mr. Shokrgozar was adjusted to $450,000, effective
October 1, 2002.
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman, Chief Justice

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen

Kurtis T. Wilder, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 November 1, 2017

Order 

Clerk

November 1, 2017

152655(163)

In re MARDIGIAN Estate

_________________________________________

MARK S. PAPAZIAN, Executor for the Estate of

ROBERT DOUGLAS MARDIGIAN,

Appellee,

SC: 152655

v COA: 319023 

Charlevoix PC: 12-011738-DE, 

 12-011765-TV

MELISSA GOLDBERG, SUSAN V. LUCKEN,

NANCY VARBEDIAN, EDWARD

MARDIGIAN, GRANT MARDIGIAN, and

MATTHEW MARDIGIAN,

Appellants, 

and

JP MORGAN CHASE BANK, NA,

Appellee.

________________________________________/

On order of the Chief Justice, the motion of the Probate and Estate Planning

Section of State Bar of Michigan to extend the time for filing a brief amicus curiae is 

GRANTED. The amicus brief will be accepted for filing if submitted on or before 

November 3, 2017.
# C_2018171EN.01000901.xml

| 18.5.2018 | EN | Official Journal of the European Union | C 171/9 |
| --- | --- | --- | --- |

18.5.2018

EN

Official Journal of the European Union

C 171/9

---

Information communicated by Member States regarding closure of fisheries

(2018/C 171/04)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

1

| Date and time of closure | 14.4.2018 |
| --- | --- |
| Duration | 14.4.2018-31.12.2018 |
| Member State | Belgium |
| Stock or Group of stocks | RJU/07E. |
| Species | Undulate ray (Raja undulata) |
| Zone | Union waters of 7e |
| Type(s) of fishing vessels | — |
| Reference number | 08/TQ120 |

Date and time of closure

14.4.2018

Duration

14.4.2018-31.12.2018

Member State

Belgium

Stock or Group of stocks

RJU/07E.

Species

Undulate ray (Raja undulata)

Raja undulata

Zone

Union waters of 7e

Type(s) of fishing vessels

—

Reference number

08/TQ120

---

(1)  OJ L 343, 22.12.2009, p. 1.

1

---
Exhibit 32.1

                          Certification Pursuant to
                Section 906 of the Sarbanes-Oxley Act of 2002


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), the
undersigned officer of Telewest Global, Inc. (the "Company") does hereby
certify, to such officer's knowledge, that:

This quarterly report on Form 10-Q for the period ending June 30, 2005 fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and the information contained in this report fairly
presents, in all material respects, the financial condition and results of
operations of the Company.

Dated: August 11, 2005

/s/ Barry R. Elson
-------------------------
Barry R. Elson
Acting Chief Executive Officer
##### 



EXHIBIT 31.1
 CERTIFICATIONS
 I, Ronald A. Klein, certify that:
 1.
    
    I have reviewed this Quarterly Report on Form 10-Q of Origen Financial, Inc.;2.
    
    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;3.
    
    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;4.
    
    The registrants other certifying officer 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)), and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(g)) for the registrant and have:
     5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of registrants board of directors (or persons performing the equivalent
function):
   /s/ Ronald A. Klein
    
    
    
    Dated: November 8, 2007Ronald A. Klein,Chief Executive Officer of Origen Financial, Inc.
Exhibit 32.1

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 Sunset Financial Resources, Inc., (the Company) on Form 10-Q for the
period ending March 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, George O. Deehan, 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 (15 U.S.C. 78m or 78o(d)); 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/ George O. Deehan   
|George O. Deehan       
|Chief Executive Officer

May 9, 2006
Gregory CLARK, Petitioner v. Austin CLARK

No. 19-452

Supreme Court of the United States.

December 9, 2019

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.