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

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 1 5

- 4 35 9

________ _____________________/

Opinion filed February 6, 2017.

An appeal from the Circuit Court for Leon County

. Frank E. Sheffield

, J udge

.

Kevin Alvarez, Law Office of Kevin Alvarez P.A., Tallahassee

, for Appellant

.

Pamela Jo Bondi, Attorney General, and Heat her Flanagan Ross

, Assistant Attorney General, Tallahassee , for Appellee.

PER CURIAM.

AFFIRMED.

RAY, KELSEY, and WINOKUR, JJ., CONCUR.
Exhibit 19.15.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by
reference in the Registration Statements on Form S-8 (No. 333-10990 and No. 333-113789) and the Registration Statement on Form F-3 (No. 333-182712 and No. 333-182712-02) of AngloGold Ashanti Limited of our reports dated
14 April 2014, with respect to the consolidated financial statements of AngloGold Ashanti Limited and the effectiveness of internal control over financial reporting of AngloGold Ashanti Limited included in this Annual Report (Form 20-F) for the
year ended 31 December 2013.



|                                      
|--------------------------------------
|/s/ Ernst & Young Inc.                
|                                      
|Ernst & Young Inc.                    
|Registered Auditor                    
|                                      
|Johannesburg, Republic of South Africa
|14 April 2014                         



E-9
**Exhibit 32.1**

 

**CERTIFICATION BY THE CHIEF EXECUTIVEOFFICER OFETS PAYPHONES, INC.PURSUANT TO SECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002**

 

I, GUY A. LONGOBARDO, am the Chief ExecutiveOfficer of ETS Payphones, Inc. (the “Company”).

 

This certification is being furnished pursuant to18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, in connection with the filing of the Company’s Quarterly Report onForm 10-QSB for the quarter ended June 30, 2005 (the “Report”).

 

I hereby certify that to the best of my knowledge:

 

(a)                                  The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(b)                                 The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company as of the datesand for the periods covered by the Report.

 

Dated: August 17,2005

 

 
|   | /s/ GUY A. LONGOBARDO    |
|--------|--------------------------|
|   | Guy  A. Longobardo       |
|   | Chief  Executive Officer |

 

A signed original of this written statementrequired by Section 906 has been provided to ETS Payphones, Inc. andwill be retained by ETS Payphones, Inc. and furnished to the Securitiesand Exchange Commission or its staff upon request.

 

----
**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 withthe Quarterly Report of Gramercy Capital Corp. (the “Company”) on Form 10-Qas filed with the Securities and Exchange Commission on the date hereof (the “Report”),I, Marc Holliday, Chief Executive Officer of the Company, hereby certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

1.                                       TheReport fully complies with the requirements of Section 13(a) or15(d), as applicable, of the Securities Exchange Act of 1934; and

2.                                       Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of Gramercy.
| /s/ Marc Holliday |                    |
|-------------------|-------------------------|
| Name:             | Marc Holliday           |
| Title:            | Chief Executive Officer |
|              |                    |
| May 10, 2006 |
|                   |                         |  |

 

----
I 

111TH CONGRESS 

2D SESSION H. R. 4990 

To amend the Internal Revenue Code of 1986 to modify and extend the 

credit for alternative motor vehicles, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 25, 2010 

Mr. SESTAK introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to modify 

and extend the credit for alternative motor vehicles, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXTENSION AND MODIFICATION OF THE AL4 TERNATIVE MOTOR VEHICLE CREDIT. 

5 (a) EXTENSION.—Subsection (k) of section 30B of 

6 the Internal Revenue Code of 1986 is amended— 

7 (1) by striking ‘‘December 31, 2010’’ each 

8 place it appears in paragraphs (2) and (4) and in9 serting ‘‘December 31, 2012’’, and 


SMARTINEZ on DSKB9S0YB1PROD with BILLS
2 

•HR 4990 IH

1 (2) by striking ‘‘December 31, 2009’’ in para2 graph (3) and inserting ‘‘December 31, 2012’’. 

3 (b) MODIFICATION OF CREDIT AMOUNT.—Paragraph 

4 (2) of section 30B(c) of such Code is amended— 

5 (1) by striking ‘‘$2,400’’ in the table contained 

6 in subparagraph (A)(i) and inserting ‘‘$2,700’’, and 

7 (2) by striking ‘‘$1,000’’ in the table contained 

8 in subparagraph (B) and inserting ‘‘$1,300’’. 

9 (c) EXTENSION OF PHASEOUT PERIOD FOR IMITA10 TION ON NUMBER OF VEHICLES ELIGIBLE FOR CRED11 IT.—Paragraph (2) of section 30B(f) of such Code is 

12 amended by striking ‘‘$60,000’’ and inserting ‘‘75,000’’. 

13 (d) LIMITATION ON ADJUSTED GROSS INCOME OF

14 INDIVIDUALS CLAIMING CREDIT.—Section 30B of such 

15 Code, as amended by this Act, is amended by redesig16 nating subsections (j) and (k) as subsections (k) and (l), 

17 respectively, and by inserting after subsection (i) the fol18 lowing new subsection: 

19 ‘‘(j) LIMITATION BASED ON ADJUSTED GROSS IN20 COME.—In the case of an individual, no credit shall be 

21 allowed under this section for the taxable year if the tax22 payer’s adjusted gross income for the taxable year exceeds 

23 $100,000 ($200,000 in the case of a joint return).’’. 

24 (e) EFFECTIVE DATE.—The amendments made by 

25 this section shall apply to vehicles placed in service after 


SMARTINEZ on DSKB9S0YB1PROD with BILLS
3 

•HR 4990 IH

1 December 31, 2009, in taxable years ending after such 

2 date. 

Æ 


SMARTINEZ on DSKB9S0YB1PROD with BILLS
#### STATE of Louisiana v. Bernard WILLIAMS.

No. 2003-KK-1848.

Supreme Court of Louisiana.

Sept. 5, 2003.

In re Williams, Bernard;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. E, No. 99-7488; to the Court of Appeal, Fifth Circuit, No. 2003-K-577.

Application denied.
STATE EX REL. UTILITIES COMMISSION v. ATTORNEY GENERAL

401A18-1

Supreme Court of North Carolina.

March 18, 2019

Jennifer T. Harrod, Attorney at Law, Matthew W. Sawchak, Solicitor General, Teresa L. Townsend, Margaret A. Force, Assistant Attorney Generals, James W. Doggett, Deputy Solicitor General, for Stein, Josh (Attorney General).

Kiran H. Mehta, Attorney at Law, for Duke Energy Carolinas, LLC.

Christopher G. Browning, Jr., Molly McIntosh Jagannathan, Attorneys at Law, for Duke Energy Carolinas, LLC.

Matthew D. Quinn, Attorney at Law, for Sierra Club.

Peter H. Ledford, Attorney at Law, Benjamin Smith, Regulatory Counsel, for N.C. Sustainable Energy Association.

Gudrun Thompson, Attorney at Law, for N.C. Justice Center, et al.

David L. Neal, Attorney at Law, for N.C. Justice Center, et al.

David T. Drooz, Lucy E. Edmondson, Staff Attorneys, for N.C. Utilities Commission-Public Staff.

The following order has been entered on the Motion for Extension of Time to File Brief filed on the 14th of March 2019 by Attorney General:

"Motion Allowed by order of the Court in conference, this the 18th of March 2019."

Attorney General shall have up to and including the 26th day of April 2019 to file and serve his/her brief with this Court.
#### Frank MUNSEY, et al. v. COX COMMUNICATIONS OF NEW ORLEANS, INC.

No. 2003-CC-1294.

Supreme Court of Louisiana.

Sept. 5, 2003.

In re Cox Communications of New Orleans Inc.; Cox Communications Louisiana L.L.C.;—Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. B, No. 97-19571; to the Court of Appeal, Fourth Circuit, No. 2003-C-0138.

Denied.

JOHNSON, J„ recused.
#### STATE OF NORTH CAROLINA v. PRESTON WILLIAMS

No. 754SC276

(Filed 2 July 1975)

On *certiorari*to review defendant’s trial before *Cohóoh, Judge.*Judgment entered 13 August 1974 in Superior Court, Onslow County. Heard in the Court of Appeals 10 June 1975.

*Attorney General Edmisten by Assistant Attorney General George W. Boylan for the State.*

*Strickland and Gurganus by James R. Strickland for defendant appellant.*

BRITT, HEDRICK and MARTIN, Judges.

No error.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Heart, Lung, and Blood Institute Special Emphasis Panel Review of Conference Grants (R13s)                    

*Date:*                         November 8-9, 2005.                    

*Time:*                         8 a.m. to 8 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call)                    

*Contact Person:*                         Deborah P. Beebe, Director, Division of Extramural Affairs, National Heart, Lung, and Blood Institute, NIH, Two Rockledge Center, Room 1700, 6701 Rockledge Drive, Bethesda, MD 20892, 301/435-0260,                         *beebed@nhlbi.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.937, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)

Dated: October 11, 2005.

Anthony M. Coelho, Jr., 

Acting Director, Office of Federal Advisory Committee Policy.

[FR Doc. 05-21020 Filed 10-19-05; 8:45 am]

BILLING CODE 4140-01-M
Exhibit 32.4



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 New Century Financial Corporation (the Company) on Form 10-Q for the period ending September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Brad A. Morrice, Vice Chairman, President and Chief Operating 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, to my knowledge:



(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/ Brad A. MorriceBrad A. MorriceVice Chairman, President and ChiefOperating OfficerNovember 9, 2005




A signed original of this
written statement required by Section 906 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.



The foregoing certification is being furnished with the Companys Form 10-Q for the
period ending September 30, 2005 pursuant to 18 U.S.C. § 1350. It is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and it is not to be incorporated by reference into any filing of the
Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
**Exhibit 10.23**
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
THIS AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT (the “Amendment”) is entered into as of April 26, 2005by and between J. Barry Morrow (the “Executive”), and Collegiate Funding Services, Inc., acorporation organized and existing under the laws of the State of Delaware (the “Company”).
WHEREAS, Executive is currently employed as Chief Executive Officer and President of the Companypursuant to an employment agreement dated June 30, 2004, between Executive and the Company (the“Employment Agreement”); and
WHEREAS, in recognition of Executive’s contributions to the success and accomplishments of theCompany and to provide additional incentive for the Executive’s continued contributions andaccomplishments, the Company wishes amend the terms of the Employment Agreement as set forthherein; and
WHEREAS, the Company and Executive agree to enter into such amendment on the terms set forthherein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, andintending to be legally bound, the parties, subject to the terms and conditions set forth herein,agree as follows:
**PART I. DEFINITIONS. CAPITALIZED TERMS NOT DEFINED HEREIN SHALL HAVE THE MEANING SET FORTH IN THE EMPLOYMENT AGREEMENT.**
**PART II. AMENDMENTS**.
 A.  There is added a new Section 6(d) to the read as follows:
Upon a Change of Control (as defined in Section 13.3(a)), All Stock Options and/orRestricted Shares held by Executive shall fully vest and, as applicable, beexercisable immediately, and all restrictions on Restricted Shares shall lapse.
 B.  Section 13.3(e) of the Employment Agreement is deleted in its entirety.
**PART III. GENERAL**
 A.  Except as set forth in Section 2 of this Amendment, the Employment Agreementremains in full force and effect.  B.  This Amendment may be executed in any number of counterparts, and each suchcounterpart shall be deemed to be an original instrument, but all such counterpartstogether shall constitute one and the same instrument.
***[Remainder of page intentionally left blank.]***
 

 

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed the day and year firstwritten above.
COMPANY
Collegiate Funding Services, Inc.
By: ________________________
EXECUTIVE
J. Barry Morrow
#### FRANK PHILLIPS, JR. v. MR. AND MRS. DAVE WISE

No. 7024SC608

(Filed 18 November 1970)

Ejectment § 10— ejectment to try title — sufficiency of findings and evidence

In plaintiff’s action to recover possession of real property, wherein defendants stipulated record title in plaintiff and attempted to establish title in themselves by adverse possession, the trial judge’s findings and conclusion that the plaintiff is the owner and is entitled to the realty described in the complaint, *held*supported by competent evidence.

Appeal by defendant from *McLean,*/., May 1970 Session of Avery Superior Court.

This is an action to recover possession of real property. Plaintiff alleged he became owner of record in fee simple on 26 November 1965, that since said date defendants have occupied the premises as his tenants at will, and that defendants have been given reasonable notice to vacate but have refused to do so. Defendants filed answer alleging title in themselves by adverse possession. The parties waived jury trial and agreed the court might hear the evidence and determine the facts. They *722also stipulated as to prior ownerships and recorded deeds, including a stipulation that plaintiff holds the record title to the lands described in the complaint by virtue of deed from John L. Phillips, Executor and Trustee of the Last Will and Testament of Willard Lindsey Phillips, which deed is of record in Book 54 of Deeds at Page 571, Avery County Registry.

From the stipulations of the parties and evidence offered, the trial court entered judgment making detailed findings of fact as to the recorded deeds by which plaintiff derived title and finding as a fact that defendants had occupied a portion of the lands permissively as tenants of Willard Lindsey Phillips, plaintiff’s predecessor in title, from 1947 until his death in 1962. Based on these findings of fact, the court concluded as a matter of law that any occupancy of the lands by defendants prior to 1962 was permissive as tenants of Willard Lindsey Phillips and not adverse, that defendants are presently estopped to deny the title of Willard Lindsey Phillips or his heirs and assigns, and that plaintiff is the owner and entitled to the possession of the lands described in the complaint. From judgment in accord with these conclusions, defendants appealed.

*Pritchard & Hise, by Lloyd Pise, Jr., for plaintiff appellee.*

*Kelly Johnson, I. C. Crawford & Robert H. Lacy, by Kelly Johnson for defendant appellants.*

PARKER, Judge.

Defendants stipulated plaintiff holds record title and attempted to establish title in themselves by adverse possession. The trial judge, as the agreed trier of the facts, has found the facts contrary to defendants’ contentions. His findings of fact are supported by competent evidence and the facts found support his conclusions of law. The conclusions of law in turn support the judgment. In the trial we find no error and the judgment appealed from is

Affirmed.

Chief Judge Mallard and Judge Graham concur.
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A18A1410. KELVIN HOWARD v. JUSTIN JONES.

On October 17, 2017, the trial court entered an order granting the defendant’s

motion to dismiss this civil action. Plaintiff Kelvin Howard filed a notice of appeal

on November 20, 2017.

1

 We lack jurisdiction.

A notice of appeal must be filed within 30 days of entry of the trial court order

sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice

of appeal is an absolute requirement to confer jurisdiction on this Court. Perlman v.

Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). Howard’s notice of

appeal was untimely filed 34 days after entry of the order he seeks to appeal. 

Consequently, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

1 Howard’s notice of appeal is dated November 15, 2017, but was not filed in

the trial court until November 20.

April 13, 2018

04/13/2018
EXHIBIT 12





STATEMENT
REGARDING COMPUTATION OF RATIOS





The ratios of income to fixed charges have been computed on the basis of the total
enterprise (as defined by the Commission) by dividing income before fixed charges and income taxes by fixed charges. Fixed charges consist of interest expense on all long-term and short-term borrowings, excluding or including interest on deposits as
indicated below. The computations of other ratios are evident from the information presented in this Form 10-K and the Corporations 2001 Annual Report.





BANK ONE CORPORATION AND SUBSIDIARIES


COMPUTATIONS OF CONSOLIDATED RATIOS OF EARNINGS TO FIXED CHARGES





Year Ended 2001


Year Ended 2000(1)


Year Ended 1999


Year Ended 1998


Year Ended 1997(In millions, except ratios)EXCLUDING INTEREST ON DEPOSITS:Pretax income from continuing operations

$
3,800


$
(1,080
)

$
4,974


$
4,465


$
4,427Earnings from unconsolidated entities under the equity method of accounting


(80
)


(129
)


(47
)


34



(6
)Fixed charges, excluding capitalized interest


3,868



5,198



3,719



3,321



3,196Adjusted pretax earnings base


7,588



3,989



8,646



7,820



7,617Interest, excluding interest on deposits


3,771



5,105



3,622



3,235



3,096Rental factor


96



93



97



90



100Capitalized interest


4



9



2



3



(1
)Fixed charges


3,871



5,207



3,721



3,328



3,195Consolidated ratios of earnings to fixed charges, excluding interest on deposits


2.0
x


0.8
x


2.3
x


2.3
x


2.4
xINCLUDING INTEREST ON DEPOSITS:Pretax income from continuing operations


3,800



(1,080
)


4,974



4,465



4,427Earnings from unconsolidated entities under the equity method of accounting


(80
)


(129
)


(47
)


34



(6
)Fixed charges, excluding capitalized interest


8,763



11,335



8,370



8,286



8,183Adjusted pretax earnings base


12,483



10,126



13,297



12,767



12,604Interest, including interest on deposits


8,666



11,242



8,273



8,177



8,084Rental factor


96



93



97



90



100Capitalized interest


4



9



2



3



(1
)Fixed charges


8,766



11,344



8,372



8,270



8,183Consolidated ratios of earnings to fixed charges, including interest on deposits


1.4
x


0.9
x


1.6
x


1.5
x


1.5
x


---

|(1) |  | Results for the year ended December 31, 2000 were insufficient to cover fixed charges. The coverage deficiency was approximately $1.2 billion.
|--- |  | ----------------------------------------------------------------------------------------------------------------------------------------------
#### APPROVED PERSONNEL SERVICE, INC. v. LORIENE A. KOSIER

No. 7418SC1050

(Filed 16 April 1975)

Appeal by defendant from *Wood, Judge.*Judgment entered 20 September 1974 in Superior Court, Guilford County. Heard in the Court of Appeals 20 February 1975.

*William Zuekerman, for plaintiff appellee.*

*Walter L. Hannah and Michael H. Godwin, for defendant appellant.*

BROCK, Chief Judge, VAUGHN and MARTIN, Judges.

For the reasons stated in *Wilmar, Inc. v. Corsillo,*24 N.C. App. 271, 210 S.E. 2d 427, the judgment is affirmed.