alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

551 

CA 16-01910 

PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, TROUTMAN, AND SCUDDER, JJ. 

 

BRUCE COLEMAN AND ROCHESTER AUTO 

MAINTENANCE, INC., PLAINTIFFS-APPELLANTS,

V ORDER

CHEVRON U.S.A., INC. AND TREMARCO CORP., 

DEFENDANTS-RESPONDENTS. 

 

KNAUF SHAW LLP, ROCHESTER (ALAN J. KNAUF OF COUNSEL), FOR

PLAINTIFFS-APPELLANTS. 

WOODS OVIATT GILMAN LLP, ROCHESTER (BERYL NUSBAUM OF COUNSEL), FOR

DEFENDANTS-RESPONDENTS. 

 

Appeal from an order of the Supreme Court, Monroe County (Thomas

A. Stander, J.), entered March 4, 2016. The order granted the motion

of defendants for summary judgment dismissing plaintiffs’ claims for

public nuisance and loss of sale proceeds and dismissing all claims by

plaintiff Rochester Auto Maintenance, Inc., and denied the cross

motion of plaintiffs for summary judgment. 

It is hereby ORDERED that the order so appealed from is

unanimously affirmed without costs for reasons stated in the decision

at Supreme Court.

Entered: April 28, 2017 Frances E. Cafarell

Clerk of the Court
Fourth Court of Appeals

San Antonio, Texas

July 3, 2014

No. 04-14-00386-CV

Arturo Rene ANAYA,

Appellant

v.

Juliana CASTILLO,

Appellee

From the 111th Judicial District Court, Webb County, Texas

Trial Court No. 2013-CVG-00820-D2

Honorable Monica Z. Notzon, Judge Presiding

O R D E R

A filing fee of $195.00 was due from appellant Arturo Rene Anaya when this appeal was 

filed but was not paid. See TEX. GOV’T CODE ANN. § 51.941(a) (West 2013); id. §§ 51.0051, 

51.207(b)(1), 51.208 (West 2013); TEXAS SUPREME COURT ORDER REGARDING FEES CHARGED 

IN CIVIL CASES IN THE SUPREME COURT, IN CIVIL CASES IN THE COURTS OF APPEALS, AND 

BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION (Misc. Docket No. 13-9127, Aug. 

16, 2013). The clerk of the court notified appellant of this deficiency in a letter dated May 30,

2014, and stated the fee must be remitted no later than June 9, 2014. The fee remains unpaid. 

Rule 5 of the Texas Rules of Appellate Procedure provides:

A party who is not excused by statute or these rules from paying costs must pay B

at the time an item is presented for filing B whatever fees are required by statute 

or Supreme Court order. The appellate court may enforce this rule by any order 

that is just.

TEX. R. APP. P. 5. 

We therefore order appellant, not later than July 11, 2014, to either (1) pay the 

applicable filing fee or (2) provide written proof to this court that he is excused by statute or the 

Rules of Appellate Procedure from paying the fee. See TEX. R. APP. P. 20.1 (providing that 

indigent party who complies with provisions of that rule may proceed without advance payment 

of costs). If appellant fails to respond satisfactorily within the time ordered, this appeal will be 

dismissed. See TEX. R. APP. P. 42.3.
_________________________________

Sandee Bryan Marion, Justice

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

court on this 3rd day of July, 2014.

___________________________________

Keith E. Hottle

Clerk of Court
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

September 17, 2008 Clifford W. Taylor,

 Chief Justice 

136357 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman, 

Justices 

v SC: 136357 

 COA: 276990 

Oakland CC: 2005-202100-FH 

BRIAN KELLY WHITE, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the April 3, 2008 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court. 

KELLY, J., would grant leave to appeal. 

p0910 

I, Corbin R. Davis, 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. 

September 17, 2008 

 Clerk
# C_2009032EN.01003203.xml

| 7.2.2009 | EN | Official Journal of the European Union | C 32/32 |
| --- | --- | --- | --- |

7.2.2009

EN

Official Journal of the European Union

C 32/32

---

Judgment of the Court of First Instance of 17 December 2008 — Somm v OHIM

(Case T-351/07) (1)

1

(Community trade mark - Application for Community tri-dimensional mark - Shelter for shade - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character acquired by use - Article 7(3) of Regulation (EC) No 40/94)

(2009/C 32/61)

Language of the case: Italian

Parties

Applicant: Somm Srl (San Mauro Torinese, Italy) (represented by: M. Ferro, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and P. Bullock, acting as Agents)

Defendant:

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 June 2007 (Case R 1653/2006-1) concerning an application for registration of a tri-dimensional sign representing a shelter for shade as a Community trade mark.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Somm Srl to pay the costs. |
| --- | --- |

2.

Orders Somm Srl to pay the costs.

---

(1)  OJ C 283, 24.11.2007.

1

---