alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

October 17, 2008 Clifford W. Taylor,

 Chief Justice 

136617 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan GARY L. BUSH, Guardian of GARY E. BUSH, Robert P. Young, Jr. a Protected Person, Stephen J. Markman, 

Plaintiff-Appellee, Justices 

v SC: 136617 

 COA: 274709 
 Kent CC: 06-000982-NM 

BEHROOZ-BRUCE SHABAHANG, M.D.,

GEORGE T. SUGIYAMA, M.D., M. ASHRAF 

MANSOUR, M.D., VASCULAR ASSOCIATES, 

P.C., and SPECTRUM HEALTH

BUTTERWORTH CAMPUS,

Defendants, 

and 

JOHN CHARLES HEISER, M.D., and WEST 

MICHIGAN CARDIOVASCULAR SURGEONS,

Defendants-Appellants. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the May 1, 2008 

judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral 

argument on November 19, 2008, at 9:30 a.m., on whether to grant the application or take 

other peremptory action. MCR 7.302(G)(1). At oral argument, the parties shall address 

whether that portion of the Court of Appeals judgment holding that the direct liability 

claims against defendants West Michigan Cardiovascular Surgeons and Spectrum Health 

Butterworth Campus should be dismissed without prejudice is inconsistent with this 

Court’s decision in Boodt v Borgess Medical Center, 481 Mich 558, 563-564 (2008). 

We further ORDER that this case be argued and submitted to the Court together 

with the cases of Bush v Shabahang, Docket Nos. 136653 and 136983. The parties may 

file supplemental briefs no later than November 12, 2008. They should not submit mere 

restatements of their application papers. 

d1014 

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. 

October 17, 2008 

Clerk
##### 



EXHIBIT 31.2 CERTIFICATIONS I, J. Roe Buckley, Chief Financial Officer of Mewbourne Development
Corporation, Managing General Partner of Mewbourne Energy Partners 04-A, L.P.
(the Registrant), certify that: 1. I have reviewed this quarterly report on Form 10-Q of Mewbourne Energy
Partners 04-A, L.P. 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 quarterly report; 4. The registrants other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have: (a) designed such disclosure controls and procedures to ensure that
material information relating to the registrant is made known to us
particularly during the period in which this quarterly report is being
prepared; (b) evaluated the effectiveness of the registrants disclosure controls
and procedures as of a date within 90 days prior to the filing date of
this quarterly report (the Evaluation Date); and

(c) presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures based on our
evaluation as of the Evaluation Date; 5. The registrants other certifying officers and I have disclosed, based on
our most recent evaluation, to the registrants auditors and the audit
committee of the registrants board of directors (or persons performing the
equivalent function): (a) all significant deficiencies in the design or operation of internal
controls which could adversely affect the registrants ability to record,
process, summarize and report financial data and have identified for the
registrants auditors any material weaknesses in internal controls; and (b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal
controls; and 6. The registrants other certifying officers and I have indicated in this
quarterly report whether or not there were significant changes in internal
controls or in other factors that could significantly affect internal controls
subsequent to the date or our most recent evaluation, including any corrective
actions with regard to significant deficiencies and material weaknesses. Date: November 11, 2004 /s/ J. Roe BuckleyJ. Roe BuckleyChief Financial Officer
Mewbourne Development Corporation,
Managing General Partner of the Registrant 14
Cause No. 2014- CI -0 3033

MOAB CONSTRUCTION § IN THE DISTRICT COURT § v. § 407th JUDICAL DISTRICT § ALS 88 DESIGN BUILD, LLC § BEXAR COUNTY, TEXAS

AMENDED NOTICE OF APPEAL

Now Comes, ALS 88 Design Build, LLC, and files this Amended Notice of Appeal as follows:

I.

This suit involves a claim for damages by MOAB Construction Company, Inc. arising out of a

construction project wherein ALS 88 Design Build, LLC was hired as a licensed and registered Architect

to provide specifications and design plans for the project. MOAB terminated the services of ALS 88

Design Build, LLC and thereafter filed this suit. ALS 88 Design Build, LLC filed a motion to dismiss

MOAB Construction Compa ny’s claims pursuant to Tex. Civ. Prac. & Rem. Code §150.002(b) & (e),

asserting the certificate of merit filed by MOAB to support its claims failed to comply with the

mandatory requirements of §150.002(b).

At a hearing on the motion preceding a trial on the merits on February 23, 2015, the trial court

denied the motion and ALS 88 Design Build, LLC gave oral notice of interlocutory appeal ; Tex. Civ.

Prac. & Rem. Code §150.002(f) provides for an immediate interlocutory appeal from an order granting

or denying a motion to dismiss under this chapter. Thereaft er a written notice of interlocutory appeal and

emergency motion to stay jury trial was filed.

This court denied the em ergency motion to stay the jury trial of this case on February 27, 201 5

and thereafter the trial of this case commenced on March 2, 2015. A jury returned a verdict on March 5,

2015 in favor of Moab Construction Company, Inc. a ga inst ALS 88 Design Build, LLC. Thereafter ALS

88 Design Build, LLC gave oral notice of appeal ; AL S 88 Design Bui ld, LL C now files this amended

notice of ap pe al from the jury verdict an d judgment (not yet entered) in favor of Moab Construction

Company, Inc. in th e above styled and numbered appeal. ACCEPTED 04-15-00096-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 3/5/2015 3:38:03 PM KEITH HOTTLE CLERKRespectfully submitted this the 5 th day of March , 201 5

.

Regina Bacon Criswell Attorney and Counselor at Law Carriage Place 7803 Bent Briar San Antonio, Texas 782 50

B y: / S/Regina Bacon Criswell
SBN: 01496580 (210) 775

- 1155 (ofc) (210) 251

- 2071 (fax)



### CERTIF ICATE OF SERVICE This is to certify that a true and correct copy of the above and forgoing w as serve d in accordance with the Texas Rules of Appellate Procedure on the persons listed below in the manner indicated.

Tom Hall Via e

- file Attorney for MOAB Construction Company, Inc.

/ S/Regina Bacon Criswell
REGINA B. CRISWELL
<TABLE> <S> <C>

<ARTICLE>              9
<LEGEND>
This schedule contains summary financial information extracted from the Form
10-KSB and is qualified in its entirety by reference to such financial
statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           1,939
<INT-BEARING-DEPOSITS>                              17
<FED-FUNDS-SOLD>                                 1,125
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     12,069
<INVESTMENTS-CARRYING>                             524
<INVESTMENTS-MARKET>                               514
<LOANS>                                         74,524
<ALLOWANCE>                                      (596)
<TOTAL-ASSETS>                                  96,411
<DEPOSITS>                                      63,300
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                                872
<LONG-TERM>                                     22,617
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             6
<OTHER-SE>                                       9,616
<TOTAL-LIABILITIES-AND-EQUITY>                  96,411
<INTEREST-LOAN>                                  5,235
<INTEREST-INVEST>                                  774
<INTEREST-OTHER>                                    60
<INTEREST-TOTAL>                                 6,069
<INTEREST-DEPOSIT>                               2,208
<INTEREST-EXPENSE>                               3,006
<INTEREST-INCOME-NET>                            3,063
<LOAN-LOSSES>                                     (19)
<SECURITIES-GAINS>                                   9
<EXPENSE-OTHER>                                  2,998
<INCOME-PRETAX>                                    627
<INCOME-PRE-EXTRAORDINARY>                         627
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       403
<EPS-BASIC>                                       0.79
<EPS-DILUTED>                                     0.79
<YIELD-ACTUAL>                                    7.67
<LOANS-NON>                                         92
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   525
<CHARGE-OFFS>                                        0
<RECOVERIES>                                        90
<ALLOWANCE-CLOSE>                                  596
<ALLOWANCE-DOMESTIC>                               596
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Nos. 1D17-5163

1D17-5164

_____________________________

C. T. T., a child,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Duval County.

Eric C. Roberson, Judge.

July 9, 2018

PER CURIAM.

C.T.T. appeals the findings of guilt as to his commission of 

new law offenses, as well as his violation of probation based on 

these offenses; we consolidate these appeals for disposition. We 

affirm the findings of guilt for aggravated fleeing and grand theft 

auto without further comment, reverse the finding of guilt for 

leaving the scene of an accident involving damage to unattended 

property, and remand for correction of the order revoking 

probation. 

C.T.T. was charged with violating section 316.063(1), Florida 

Statutes, which imposes duties on drivers who collide with, and 

damage, unattended vehicles or property; the unattended 
2

property C.T.T. was alleged to have damaged was a tree. At trial, 

the State proved that C.T.T. fled erratically when law 

enforcement pursued him. Law enforcement was forced to call off 

the pursuit for safety reasons, but found the stolen car crashed 

into a tree shortly after. C.T.T. was found hiding near a house, 

and asked for the return of his shoes, which lay near the crashed 

car. While the evidence is sufficient to show that C.T.T. collided 

with the tree and fled, the State concedes that no evidence was 

admitted indicating any damage to the tree. See Powell v. State, 

28 So. 3d 958, 959 (Fla. 1st DCA 2010) (reversing finding of guilt 

for violating section 316.063(1) where there “was no testimony 

about any damage to whatever object the vehicle hit”). Although 

C.T.T. did not preserve this argument at trial, fundamental error 

exists when the evidence is insufficient to show the commission of 

any crime. See F.B. v. State, 852 So. 2d 226, 227 (Fla. 2003). 

Because no statute prohibits leaving the scene of a collision 

where the property struck was undamaged, this finding of guilt 

must be reversed.*

The order revoking C.T.T.’s probation references a petition 

for violation of probation and states that C.T.T. was found in 

violation at a hearing, but does not identify the new law offenses 

the revocation is based on, and must be corrected. See Fowler v. 

State, 79 So. 3d 868, 869 (Fla. 1st DCA 2012); Robinson v. State, 

74 So. 3d 570, 572 (Fla. 4th DCA 2011). 

AFFIRMED in part, REVERSED in part, and REMANDED with 

instructions to correct the order revoking probation. 

WETHERELL, ROWE, and WINOKUR, JJ., concur.

 * C.T.T. does not argue that he should be resentenced, and 

we see no reason that resentencing is necessary.
3

_____________________________

Not final until disposition of any timely and 

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

9.331.

_____________________________

Andy Thomas, Public Defender, and Jasmine Russell, Assistant 

Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Heather Flanagan Ross, 

Assistant Attorney General, Tallahassee, for Appellee.
ex10-5.htm


 


Exhibit 10.5




 

Certain information contained in this document, marked by ***, is filed with the SEC pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended







 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 




 





 




 





 











 






 


 


Appendix A: Biota Patents

 




*** Portions of this page have been omitted pursuant to a request for Confidential Treatment filed separately with the Commission.






 





 











 






 


 




 






*** Portions of this page have been omitted pursuant to a request for Confidential Treatment filed separately with the Commission.






 





 











 






 


 




 






*** Portions of this page have been omitted pursuant to a request for Confidential Treatment filed separately with the Commission.






 





 











 






 


 




 






*** Portions of this page have been omitted pursuant to a request for Confidential Treatment filed separately with the Commission.
STATE v. Ryan Lamar PARSONS

320P17-3

Supreme Court of North Carolina.

April 5, 2018

Ms. Kimberly N. Callahan, Raleigh, Assistant Attorney General, for State of North Carolina

Mr. Ryan Lamar Parsons, for Parsons, Ryan Lamar

Ms. Lorraine B. Lewis, Pro Se/Power of Attorney obo Parsons, for Parsons, Ryan Lamar

Mr. J. Douglas Henderson, Greensboro, District Attorney, for State

The following order has been entered on the motion filed on the 21st of February 2018 by Defendant for Petition for Discretionary Review:

"Motion Denied by order of the Court in conference, this the 5th of April 2018."
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT NOE PERES FUENTES, Pe titione r, v. ER IC H. HOLDER , Jr., Attorne y Ge ne ra l, R

e sponde nt . No. 09-71876 Age n c y No. A070-801-634 M EM O R ANDUM *

On Pe tition for Re vie w of a n Orde r of the B oa rd of Im m igration Appe a ls Subm itte d Se pte m

be r 23, 2014 * * B e fore : W . FLETC HER , R AW LINSON, a

n d C HR ISTEN, C irc uit Judge s. Noe Pe re s Fue nt e s, a nat ive and c itiz e n of Gua te m a la , pe titions pro se

for re vie w of the B oa

rd of Im m igration Appe a ls’ (“ B IA” ) orde r dism issing his a ppe a l from an im m igration judge ’ s (“ IJ” ) de c ision de ny ing his a pplic at ion for a sy lum , withholding of rem o v a l, a nd prote c tion unde r the C onve ntion Against Torture



# FIL ED OCT 3 2014 M OLLY C. DW Y ER, CLERK U . S . CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).(“ C AT” ). W e have jurisdic tion unde r 8 U.S.C . § 1252. W e re vie w for substa ntia l e vide nc e fa c tua l findings. Se e Silay a v . Muk ase y , 524 F.3d 1066, 1070 (9th C ir. 2008). W e de ny

in pa rt a nd gra nt in pa rt the pe tition for re vie w, a nd we re m and. Substa ntia l e v i de nc e supports the a ge nc y ’ s de nia l of C AT re lie f be c a use Pe re s Fue nte s fa ile d to e sta b lish it is m

ore like ly tha n not he would betorture d at the i nstiga

tion of or with the a c quie sc e nc e of the gove rnm e nt if re turne d to Guate m a la . Se e id. at 1073. In de ny ing Pe re s Fue nte s’ s a sy lum and withholding of re

m o va l c la im s, the a ge nc y found Pe re s Fue nte s fa i le d to e sta b lish pa st pe rse c ution or a fe a r of future pe rse c ution on a c c ount of a prote c te d ground. W

he n the IJ a

nd B IA issue d the ir de c isions in this c a se , the y did not ha

ve the be ne fit of this c ourt’ s de c isions in He nrique z-Riv as v . Holde r , 707 F.3d 1081 (9th C ir. 2013) (e n ba nc ), C ordoba v . Holde r , 726 F.3d 1106 (9th C ir. 2013), a n d Pirir-Boc v . Holde r , 750 F.3d 1077 (9th C ir. 2014), or theB IA’ s de c isions in Matte r of M-E-V-G- , 26 I. & N. De c . 227 (B IA 2014), a

nd Matte r of W

-G-R- , 26 I. & N. De c . 208 (B IA 2014). Thus, we re m and Pe re s Fue nte s’ s a sy lum and withholding of re

m ova l c la im s to de t e rm ine the i m p a c t, if a ny , of the se de c isions. Se e IN S v . Ve ntura , 537 U.S. 12, 16-18 (2002) (pe r c uriam ). In light of this re m and, we do not re a c h Pe re s Fue nte s’ s

0 9 - 7 1 8 7 6 2re m a ining c ha l le nge s to thea g e nc y ’ s de nia l of his a s y lum an d withholding of re m ova l c la im s at this time . The pa rtie s sha ll be ar the ir own c osts for this petition for re vie w. PE T IT IO N FO R RE V IE WDE NIE D in par t; G RANT E D in par t; RE M A NDE D.

0 9 - 7 1 8 7 6 3
EXHIBIT 32.2


CERTIFICATIONS





The undersigned, as the chief financial officer of Valley Financial Corporation, certifies that the Form 10-K for the year ended December 31, 2009, which accompanies this certification, fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of Valley Financial Corporation at the dates and for the periods indicated.  The foregoing certification is made solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code and is subject to the knowledge and willfulness qualifications contained in Title 18, Chapter 63, Section 1350(c).





Dated:  March 26, 2010








/s/ Kimberly B. Snyder_______


Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           6,336
<SECURITIES>                                         0
<RECEIVABLES>                                   10,667
<ALLOWANCES>                                       380
<INVENTORY>                                      5,701
<CURRENT-ASSETS>                                24,378
<PP&E>                                          31,827
<DEPRECIATION>                                  11,885
<TOTAL-ASSETS>                                 139,160
<CURRENT-LIABILITIES>                           10,666
<BONDS>                                         79,350
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            10
<OTHER-SE>                                      40,237
<TOTAL-LIABILITY-AND-EQUITY>                   139,160
<SALES>                                         77,962
<TOTAL-REVENUES>                                77,962
<CGS>                                           48,552
<TOTAL-COSTS>                                   48,552
<OTHER-EXPENSES>                                15,657
<LOSS-PROVISION>                                   (0)
<INTEREST-EXPENSE>                               8,896
<INCOME-PRETAX>                                  5,279
<INCOME-TAX>                                     2,064
<INCOME-CONTINUING>                              3,215
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,215
<EPS-PRIMARY>                                     3.16
<EPS-DILUTED>                                     3.16
        

</TABLE>