alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals

**San Antonio, Texas**

MEMORANDUM OPINION

N o. 04

- 17

- 00566

- CV

Tom FATJO , Jr.,

Appellant

v.

ANDREWS KURTH KENYON LLP

, Appellee

From the 216th Judicial District Court, Kerr County, Texas

Trial Court No. 15425A

Honorable N. Keith Williams, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice

Luz Elena D. Chapa, Justice

Irene Rios, Justice

Delivered and Filed: February 28, 2018

MOTION TO DISMISS GRANTED; DISMISSED

Appellant filed a motion to dismiss this appeal. We grant the motion and dismiss the appeal

.

See T EX

. R. A PP

. P. 42.1(a)(1). Because the motion does not disclose an agreement of the parties

regarding the assessment of costs, we order all costs assessed against appellant. See T EX

. R. A PP

.

P. 42.1(d) (absent agreement of the parties, costs are taxed against appellant).

PER CURIAM
EX-10.81



 




Exhibit 10.81




Amendment No. 1 to the




Arbor Realty Trust, Inc. 2003 Omnibus Stock Incentive Plan




(as Amended and Restated on July 29, 2004)



     
Pursuant to the approval of the Board of Directors of Arbor
Realty Trust, Inc. (the “Company”) on April 14,
2005, and the vote by the stockholders of the Company on
May 25, 2005, the first sentence of Section 3 of the
Arbor Realty Trust, Inc. 2003 Omnibus Stock Incentive Plan (as
Amended and Restated on July 29, 2004) is hereby amended to
state as follows:






		
	 	     
    “The total number of shares of Common Stock reserved and
    available for issuance under the Plan shall be
    685,000 shares.”




Dated: May 25, 2005



37
`Exhibit 99.11

               CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
                    PURSUANT TO 18 U.S.C. SECTION 1350

     In  connection  with the  accompanying  Quarterly  Report  on Form  10-Q of
Selkirk Cogen Funding  Corporation  for the quarter ended September 30, 2002, I,
P.  Chrisman  Iribe,  President of Selkirk  Cogen  Funding  Corporation,  hereby
certify pursuant to 18 U.S.C.  § 1350, as adopted pursuant to § 906 of
the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:

          (1)  such  Quarterly  Report  on  Form  10-Q  for  the  quarter  ended
               September  30,  2002  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 such Quarterly  Report on Form 10-Q
               for the quarter ended September 30, 2002 fairly presents,  in all
               material  respects,   the  financial  condition  and  results  of
               operations of Selkirk Cogen Funding Corporation.


November 14, 2002                            /s/ P. CHRISMAN IRIBE
                                             --------------------
                                             P. Chrisman Iribe
                                             President
                                             Selkirk Cogen Funding Corporation`
----

**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**

|   | (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/                Edward E. Cohen*   |
|----------------------------------------|
| Edward                E. Cohen         |
| Chief                Executive Officer |
| August                15, 2005         |

----
<PAGE>

                                                                    Exhibit 32.2

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

In connection with the filing of the Quarterly Report on Form 10-Q for the
Quarter Ended June 17, 2003 (the "Report") by ClubCorp, Inc. ("Registrant"), the
undersigned hereby certifies that, to the best of his knowledge or belief:

     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 Registrant.

                                                /s/ Jeffrey P. Mayer
                                                ----------------------------
                                                Jeffrey P. Mayer
                                                Chief Financial Officer
Jennifer PERKINS, Employee, Plaintiff v. U.S. AIRWAYS, Employer Reliance National Insurance Company, Insolvent North Carolina Insurance Guaranty Association, Sedgwick CMS, Third Party Administrator, Carrier, Defendants.

No. 276P06.

Supreme Court of North Carolina.

March 8, 2007.

Ervin W. Bazzle, Hendersonville, for Jennifer Perkins.

Daniel C. Pope, Jr., Cary, for U.S. Airways, et al.

*ORDER*

Upon consideration of the petition filed on the 22nd day of May 2006 by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 8th day of March 2007."
# Commission Regulation (EU) No 1396/2013Show full title

Commission Regulation (EU) No 1396/2013 of 17 December 2013 establishing a prohibition of fishing for Greenland Halibut in            NAFO area 3LMNO by vessels flying the flag of Spain         

        - Previous
        - Next

U.K.

# Commission Regulation (EU) No 1396/2013                     

# of 17 December 2013

# establishing a prohibition of fishing for Greenland Halibut in NAFO area 3LMNO by vessels flying the flag of Spain

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring                           compliance with the rules of the common fisheries policy(1), and in particular Article 36(2) thereof,                        

Whereas:

(1)Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and,                              to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international                              negotiations or agreements(2), lays down quotas for 2013.

(2)According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation                              by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for                              2013.

(3)It is therefore necessary to prohibit fishing activities for that stock,

HAS ADOPTED THIS REGULATION:

## Article 1U.K.Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein                     for 2013 shall be deemed to be exhausted from the date set out in that Annex.                  

## Article 2U.K.Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in                     the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited                     to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.                  

## Article 3U.K.Entry into force

This Regulation shall enter into force on the day following that of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 December 2013.

*For the Commission, On behalf of the President*,                           

Lowri Evans                            

*Director-General for Maritime Affairs and Fisheries*                            

## ANNEXU.K.

1

OJ L 343, 22.12.2009, p. 1.                           

2

OJ L 23, 25.1.2013, p. 54.
EXHIBIT 15

AWARENESS LETTER OF INDEPENDENT ACCOUNTANTS


MidAmerican Energy Company
Des Moines, Iowa

We have made a review, in accordance with standards  established by the American
Institute of Certified Public Accountants, of the unaudited consolidated interim
financial  information of MidAmerican  Energy Company and  subsidiaries  for the
periods  ended March 31, 2003 and 2002,  as indicated in our report dated May 8,
2003;  because we did not  perform  an audit,  we  expressed  no opinion on that
information.

We are aware  that our  report  referred  to above,  which is  included  in your
Quarterly  Report  on Form  10-Q  for the  quarter  ended  March  31,  2003,  is
incorporated by reference in Registration Statement No. 333-101800 on Form S-3.

We also are aware that the aforementioned report,  pursuant to Rule 436(c) under
the  Securities  Act of  1933,  is not  considered  a part  of the  Registration
Statement  prepared  or  certified  by an  accountant  or a report  prepared  or
certified by an accountant within the meaning of Sections 7 and 11 of that Act.



/s/ Deloitte & Touche LLP

DELOITTE & TOUCHE LLP
Des Moines, Iowa
May 12, 2003
##### 



Exhibit 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
PURSUANT TO SECTION 906 OF SARBANES  OXLEY ACT OF 2002

In connection with the accompanying Quarterly Report on Form 10-Q of
Selkirk Cogen Partners, L.P. for the quarter ended June 30, 2003, I, Thomas E.
Legro, Vice President, Controller and Chief Accounting Officer of JMC Selkirk,
Inc., as Managing General Partner of Selkirk Cogen Partners, L.P., hereby
certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:



| | (1) |  | such Quarterly Report on Form 10-Q for the
quarter ended June 30, 2003, 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 such Quarterly
Report on Form 10-Q for the quarter ended
June 30, 2003, fairly presents, in all
material respects, the financial condition
and results of operations of Selkirk Cogen
Partners, L.P.

|                |  |                                                                                          
|--------------- |  | -----------------------------------------------------------------------------------------
|August 13, 2003 |  | /s/ THOMAS E. LEGRO                                                                      
|                |  |                                                                                          
|                |  | Thomas E. Legro
Vice President, Controller and
Chief Accounting Officer
JMC Selkirk, Inc.

A signed original of this written statement required by Section 906 has been
provided to JMC Selkirk, Inc. and will be retained by JMC Selkirk, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3180 Enrolled Bill (ENR)]

        S.3180

                       One Hundred Tenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight

                                 An Act

 
  To temporarily extend the programs under the Higher Education Act of 
                                  1965.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. EXTENSION OF HIGHER EDUCATION PROGRAMS.
    (a) Extension of Programs.--Section 2(a) of the Higher Education 
Extension Act of 2005 (Public Law 109-81; 20 U.S.C. 1001 note) is 
amended by striking ``June 30, 2008'' and inserting ``July 31, 2008''.
    (b) Rule of Construction.--Nothing in this section, or in the 
Higher Education Extension Act of 2005 as amended by this Act, shall be 
construed to limit or otherwise alter the authorizations of 
appropriations for, or the durations of, programs contained in the 
amendments made by the Higher Education Reconciliation Act of 2005 
(Public Law 109-171), by the College Cost Reduction and Access Act 
(Public Law 110-84), or by the Ensuring Continued Access to Student 
Loans Act of 2008 (Public Law 110-227) to the provisions of the Higher 
Education Act of 1965 and the Taxpayer-Teacher Protection Act of 2004.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
Milton Gordon WIDENHOUSE, Jr. v. Laura Ellen CRUMPLER.

No. 247P06.

Supreme Court of North Carolina.

May 12, 2006.

Laura E. Crumpler, Pro Se.

M. Gordon Widenhouse, Edward Greene, Chapel Hill, for Gordon Widenhouse.

*ORDER*

Upon consideration of the petition filed by Plaintiff on the 11th day of May 2006 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 12th day of May 2006."
EXHIBIT 31.1


CERTIFICATION OF CHIEF EXECUTIVE OFFICER


I, Howard Widra, Chief Executive Officer of Apollo Investment Corporation, certify that:


1. I have reviewed this Amendment No. 1 to the quarterly report on Form 10-Q/A of Apollo Investment Corporation;


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.


Date:August 12, 2020/s/ HOWARD WIDRAHoward WidraChief Executive Officer
<PAGE>


                                   Exhibit 11


                        PAULA FINANCIAL AND SUBSIDIARIES
               COMPUTATION OF BASIC AND DILUTED EARNINGS PER SHARE
                      (In thousands, except per share data)

<TABLE>
<CAPTION>

                                                         THREE MONTHS ENDED                  SIX MONTHS ENDED
                                                              JUNE 30,                           JUNE 30,
                                                       2000             1999              2000             1999
                                                   -------------    --------------    -------------    --------------
<S>                                                <C>               <C>              <C>              <C>
Net income (loss)                                        ($521)              $845          ($1,554)           $2,124
                                                   =============    ==============    ==============    =============

Weighted average shares outstanding for
      calculating basic earnings per share            5,532,445         5,923,846         5,584,282        5,926,406

Options                                                       -             3,678                 -            5,897
                                                   -------------    --------------    -------------    --------------

Total shares for calculating diluted earnings
      per share                                       5,532,445         5,927,524         5,584,282        5,932,303
                                                   =============    ==============    ==============    =============

Basic earnings (loss) per share                         ($0.09)             $0.14           ($0.28)            $0.36
                                                   =============    ==============    ==============    =============

Diluted earnings (loss) per share                       ($0.09)             $0.14           ($0.28)            $0.36
                                                   =============    ==============    ==============    =============
</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-7214

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

GEROLD LEE DAVIS, a/k/a Jerry G. Davies, a/k/a

Arnold Lietzey, a/k/a Gerold L. Davis, a/k/a

John Reid, a/k/a Jerry Davies, a/k/a Gerald K.

Davis,

Defendant - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Anderson. G. Ross Anderson, Jr., District Judge.

(CR-93-429, CA-97-2007-8-13)

Submitted: November 19, 1998 Decided: December 3, 1998

Before HAMILTON and WILLIAMS, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Gerold Lee Davis, Appellant Pro Se. Marvin Jennings Caughman,

Assistant United States Attorney, Columbia, South Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Gerold Lee Davis appeals the district court’s order denying a

certificate of appealability. We have reviewed the record and the

district court’s opinion and find no reversible error. Accordingly,

we deny a certificate of appealability and dismiss on the reasoning

of the district court. United States v. Davis, Nos. CR-93-429; CA97-2007-8-13 (D.S.C. July 6, 1998). We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the

decisional process.

DISMISSED
CEBALLOS v. INTREPID USA.

No. COA06-414.

Court of Appeals of North Carolina.

Filed February 6, 2007.

Certification Date February 26, 2007.

Appeal from the NC Industrial Commission (I.C. #291468).

Case Reported Without Published Opinion. Affirmed.
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1,000
       
<S>                                               <C>    

<PERIOD-TYPE>                                  3-mos
<FISCAL-YEAR-END>                              Dec-31-1998
<PERIOD-START>                                 Jan-01-1998
<PERIOD-END>                                   Mar-31-1998
<CASH>                                         10
<SECURITIES>                                   3,279,483
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0 <F1>
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 3,279,827
<CURRENT-LIABILITIES>                          0 <F1>
<BONDS>                                        3,099,015
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       10
<OTHER-SE>                                     145,129
<TOTAL-LIABILITY-AND-EQUITY>                   3,279,827
<SALES>                                        0
<TOTAL-REVENUES>                               58,145
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               1,695
<LOSS-PROVISION>                               1,178
<INTEREST-EXPENSE>                             61,190
<INCOME-PRETAX>                                (5,918)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                           (5,918)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0  
<NET-INCOME>                                  (5,918)
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0 
<FN>

<F1> The Company's balance sheet is unclassified.
</FN>
        




</TABLE>
CARTER-HUBBARD PUBLISHING COMPANY, INC. v. WRMC HOSPITAL OPERATING CORPORATION.

No. 411A06.

Supreme Court of North Carolina.

March 9, 2007.

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C.App. ___, 633 S.E.2d 682 (2006), affirming an order entered on 24 January 2005 by Judge James M. Webb in Superior Court, Wilkes County. Heard in the Supreme Court 14 February 2007.

Willardson, Lipscomb & Miller, LLP, by John S. Willardson, Wilkesboro, for plaintiff-appellee.

McElwee Firm, PLLC, by John M. Logsdon, North Wilkesboro, for defendant-appellant.

Robinson, Bradshaw & Hinson, P.A., by Mark W. Merritt and Blake W. Thomas, Charlotte, for the Charlotte-Mecklenburg Hospital Authority, amicus curiae.

The Bussian Law Firm, PLLC, by John A. Bussian, Raleigh, for the North Carolina Press Association, amicus curiae.

PER CURIAM.

AFFIRMED.

Chief Justice PARKER and Justice HUDSON did not participate in the consideration or decision of this case.
* 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.

1

United States Court of Appeals

Fifth Circuit

FILED

April 11, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

______________________ 

No. 05-20125

______________________

UNITED STATES OF AMERICA

Plaintiff-Appellee,

versus

OLABODE TIMOTHY ARANSIOLA, also known as BJ, also known as

Bolaji; TAIYE KASSIM, also known as Sodik Adegun, also known as

Sediq

Defendants-Appellants.

___________________________________________________

Appeal from the United States District Court

for the Southern District of Texas, Houston Division

Case No. 4:03-CR-436-10

___________________________________________________

Before SMITH, BARKSDALE, and DENNIS, Circuit Judges.

PER CURIAM:*

Having carefully considered each of the defendants’

assignments of error in light of the record, the written and oral

arguments of the parties, and the law applicable to the case, and

finding each of the assignments to be without reversible merit,

we therefore AFFIRM the convictions and sentences of the

defendants.

AFFIRMED.