alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DENNIS T. HUTTO,

Petitioner,

v.

STATE OF FLORIDA,

Respondent.

___________________________/

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. 1D16-1587

Opinion filed September 13, 2016.

Petition for Writ of Mandamus -- Original Jurisdiction.

Dennis Hutto, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

Pro se petitioner Dennis Hutto seeks a writ of mandamus compelling the circuit 

court to complete its ministerial duty of transmitting Hutto’s timely notice of appeal of 

an order prohibiting him from further pro se filings to this court. Finding merit to 

Hutto’s claim, we grant the petition.
2

The circuit judge in this case entered an order prohibiting the petitioner from 

bringing further pro se filings on December 9, 2015. The petitioner filed a timely 

motion for rehearing on December 10, 2015.*

 The court denied the motion on 

December 21, 2015. The petitioner filed a timely notice of appeal on December 28, 

2015. Instead of docketing and transmitting the notice of appeal to this court, the court 

sent it back to the petitioner with a letter stating that the court refused to accept the 

notice of appeal on the basis of the order prohibiting further pro se filings.

The circuit court entered an appealable order and had the ministerial duty to 

accept the petitioner’s notice of appeal and transmit a certified copy to this court. See, 

e.g., G.W. v. Rushing, 22 So. 3d 819 (Fla. 2d DCA 2009). The circuit court could not 

use the order prohibiting the petitioner from further pro se filings – the very same 

order, in fact, that the petitioner was attempting to appeal – to refuse to accept a timely 

notice of appeal of an appealable order that the court rendered.

The petition is granted. The circuit court is directed to transmit to this court a 

certified copy of the petitioner’s notice of appeal.

PETITION GRANTED.

WOLF, LEWIS, and OSTERHAUS, JJ., CONCUR.

 * The timely motion for rehearing postponed rendition of the underlying order. See

Fla. R. App. P. 9.020(i).
##### 



Exhibit 32.2 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 Amendment No. 1 to the annual report of MetroCorp
Bancshares, Inc. (the Company) on Form 10-K/A for the period ending December
31, 2003 as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Kevin Shu, Acting Chief Financial
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; and2.
    
    The information contained in the Report fairly presents, in all
material respects, the financial condition and operating results of the
Company. /s/ Kevin Shu  
 August 27, 2004
#### Grace P. Brockett, a Widow, *Plaintiff in Error,*v. Don ald Forbes, *Defendant in Error.*

Division B.

Decision Filed May 4, 1928.

Petition for Rehearing Denied June 2, 1928.

*860
      *Burr 8. Stottle,*for Plaintiff in Error;

*T. B. Ellis, Jr.,*for Defendant in Error.

Per Curiam.

This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment herein, and briefs .and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in .the premises, it seems to the Court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the Circuit Court be, and the same is hereby affirmed.

Whitfield, P. J. and Terrell and Buford, J. J., concur.
#### STATE ex rel. Darren JOHNSON v. STATE of Louisiana.

No. 2003-KH-2188.

Supreme Court of Louisiana.

Sept. 5, 2003.

In re Johnson, Darren;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. F, No. 416-837.

Writ granted; case transferred to the 19th Judicial District Court for its consideration.
**EXHIBIT 31.2**

 

EX-31.2SECTION 302 CERTIFICATION OF CFO

 

**CERTIFICATION**

 

I, Gregory J. Bosarge,certify that:

 

1. I have reviewed this quarterly report on Form 10-Q of PremierEntertainment Biloxi LLC and Premier Finance Biloxi Corp.;

 

2. Based on my knowledge, this report doesnot contain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of theregistrants as of, and for, the periods presented in this report;

 

4. The registrants’ other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e) for the registrantsand have:

 

a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrants, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared;

 

b) Evaluated the effectiveness of the registrants’ disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and

 

c) Disclosed in this report any change in the registrants’ internalcontrol over financial reporting that occurred during the registrants’ mostrecent fiscal quarter that has materially affected, or is reasonably likely tomaterially affect, the registrants’ internal control over financial reporting;and

 

5. The registrants’ other certifying officer and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrants’ auditors and the audit committee of theregistrants’ board of directors (or persons performing the equivalentfunctions):

 

a) All significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which are reasonablylikely to adversely affect the registrants’ ability to record, process,summarize and report financial information; and

 

b) Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrants’ internalcontrol over financial reporting.

 

Date:August 2, 2005

 

 
|  /s/     Gregory J.  Bosarge |   |
|------------------------------------------------------------|--------|
| Gregory J. Bosarge                                         |   |
| Chief Financial Officer                                    |   |
|                                                            |        |  |

 

1

----
#### Robert REINSHUTTLE, Appellant, v. AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee. Barbara Watson, Appellant, v. Department of Children and Families, Appellee. Lori Cooper, Appellant, v. Department of Children and Families, Appellee. Judith Page Jolly, Appellant, v. Department of Children and Families, Appellee. Earnest Barkley, Appellant, v. Department of Children and Families, Appellee.

Nos. 1D02-1505, 1D02-1751, 1D02-2375, 1D02-3504, 1D02-3511.

District Court of Appeal of Florida, First District.

July 14, 2003.

*435Jerry G. Traynham and Ben R. Patterson of Patterson & Traynham, Tallahassee, Attorneys for Appellants.

Gregory J. Philo, Chief Appellate Counsel, and Garnett Chisenhall, Assistant General Counsel, Agency for Health Care Administration, Tallahassee, Attorneys for Appellee Agency for Health Care Administration.

MaryEllen McDonald, Assistant General Counsel, Department of Children *&*Families, Tallahassee, Attorney for Appellee Department of Children *&*Families.

PER CURIAM.

In these five consolidated appeals, Appellants occupied permanent Career Service positions with the State of Florida prior to July 1, 2001. As a result of Florida’s “Service First” legislation, Appellants were reclassified from Career Service to Selected Exempt status under the authority of Florida Statute section 110.205(2) (2001). After working as Selected Exempt employees for various periods of time, Appellants were fired without cause. Appellants filed petitions for sections 120.57 and 120.569 administrative hearings, which their employing agencies denied. Appellants claim they were wrongfully denied a point of entry into the administrative process, and they are therefore now entitled to administrative hearings to determine whether their positions fell within the statutory exemptions to Career Service status. We agree that Appellants should have been provided a point of entry into the administrative process when their positions were reclassified as Selected Exempt. Because of this omission, we reverse and remand to allow for administrative proceedings to determine factually whether Appellants’ positions at the time they were reclassified to Selected Exempt status met the Legislature’s specific statutory criteria of Career Service exemptions pursuant to Florida Statute section 110.205(2) (2001). We have considered all of the other various issues raised by the parties and find that they are without merit. *Burgess v. Department of Commerce,*400 So.2d 1258 (Fla. 1st DCA 1981).

REVERSED and REMANDED.

BOOTH, BARFIELD and ALLEN, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

ANTWOINE GERARD NOLAND, ) DOC #122053, ) ) Appellant, ) ) v. ) Case No. 2D16-5466 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed March 28, 2018. Appeal from the Circuit Court for Hillsborough County; Kimberly K. Fernandez, Judge. Howard L. Dimmig, II, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and David Campbell, Assistant Attorney General, Tampa, for Appellee. PER CURIAM.

Affirmed.

CASANUEVA, SILBERMAN, and BLACK, JJ., Concur.
Unassociated Document


 






  













  





  






Exhibit 10.30



 


ACXIOM CORPORATION NON-QUALIFIED MATCHIING CONTRIBUTION PLAN


(Effective January 1, 2009)


 


FIRST AMENDMENT


 


Pursuant to Section 6.3 of the Acxiom Corporation Non-Qualified Matching Contribution Plan (the “Plan”), as amended and restated effective January 1, 2009, Acxiom Corporation (the “Company”) hereby amends and restates Section 3.3 of the Plan effective July 1, 2009 as follows:


 


3.3              Employer Matching Contributions


 


No matching contributions will be required with respect to Participant’s Salary Reduction Contributions or Participant’s Deferred Compensation withheld on or after July 1, 2009.


 


For each Plan Year, when a Participant’s Deferred Compensation (as defined in the Retirement Savings Plan) is limited under the Retirement Savings Plan by reason of Code Section 401(a)(17), 402(g) or 415, the Employer may make matching contributions for each payroll period to a Participant’s Account under this Plan equal to:


 



	
  

	
(a)

	
A percentage of the Participant’s Salary Reduction Contributions withheld under the Non-Qualified Deferral Plan plus the Participant’s Deferred Compensation withheld under the Retirement Savings Plan as determined by the Board of Directors of the Employer or a properly authorized committee of the Board for the Plan Year, minus







 



	
  

	
(b)

	
the matching contribution allocated to the Participant’s account under the Retirement Savings Plan on account of the amounts deferred under subsection (a).







 


The Employer may elect to make a contribution under this Section 3.3 in Employer stock; provided, however, a contribution in stock to a Participant may not exceed 25% of his cash Compensation.


 


The determination as to whether a matching contribution will be made is in the sole discretion of the Board of Directors of the Employer or a properly authorized committee of the Board, determined in its sole discretion.


 


The Employer will not make an employer matching contribution to the Plan under this Section unless the Employer makes a contribution under a substantially similar formula to the Retirement Savings Plan.


 


IN WITNESS WHEREOF, this First Amendment is executed as of the 25th day of June, 2009.


 


                ACXIOM CORPORATION


Attest:

 



	 /s/ Catherine L. Hughes	 	   By   /s/ Cindy K. Childers	 
	 	 	  Name   Cindy K. Childers
	 	 	  Title   Senior Vice President - Human Resources
Exhibit 32.2

CERTIFICATION PURSUANT TO

SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as principal financial officer of Xerium Technologies, Inc. (the Company), does hereby certify that, to his knowledge:

1) the Companys Form 10-Q for the period ended June 30, 2007, 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 Companys Form 10-Q for the period ended June 30, 2007, fairly presents, in all material
respects, the financial condition and results of operations of the Company.



/s/ Michael P. ODonnellMichael P. ODonnellExecutive Vice President and Chief Financial Officer(Principal Financial Officer)


August 23, 2007
EXHIBIT 23.1

CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

We consent to the incorporation by reference in the Registration Statement (Form S-8 No. 333-62012) pertaining to the
CompuCredit Corporation 2000 Stock Option Plan, in the Registration Statement (Form S-8 No. 333-78409) pertaining to the CompuCredit Corporation Amended and
Restated 1998 Stock Option Plan and in the Registration Statement (Form S-8 No. 333-92889) pertaining to the CompuCredit Corporation Employee Stock Purchase Plan
of our report dated February 6, 2004, with respect to the consolidated financial statements of CompuCredit Corporation and subsidiaries included in the Annual Report
(Form 10-K) for the year ended December 31, 2003.



Atlanta, Georgia
March 1, 2004

---

QuickLinks
<PAGE>
                                                               EXHIBIT 10.19 (c)



                      CORRECTIVE AMENDMENT TO BANKATLANTIC
                   SPLIT DOLLAR LIFE INSURANCE PLAN AGREEMENT


         THIS CORRECTIVE AMENDMENT TO BANKATLANTIC SPLIT DOLLAR LIFE INSURANCE
PLAN AGREEMENT ("this Amendment") is made as of this ___ day of _____________,
1999 by and between BankAtlantic, a Federal Savings Bank (the "Bank"), and Alan
B. Levan (the "Employee").

                              W I T N E S S E T H:

         WHEREAS, the Bank and the Employee entered into an agreement known as
the BankAtlantic Split Dollar Life Insurance Plan Agreement effective March 1,
1996 (the "Agreement"), which involved a life insurance policy insuring
Employee's life;

         WHEREAS, Schedule A to the Agreement contained information about the
life insurance policy insuring Employee's life and the Bank's and the Employee's
respective interests in the death benefit provided by the policy;

         WHEREAS, due to an apparent scrivener's error, Schedule A to the
Agreement incorrectly listed the policy number of the life insurance policy
insuring Employee's life; and

         WHEREAS, the parties desire to correct this scrivener's error in the
listing of the life insurance policy number on Schedule A to the Agreement.

         NOW, THEREFORE, the parties agree as follows:

         Schedule A to the Split Dollar Life Insurance Agreement effective March
1, 1996 between BankAtlantic, a Federal Savings Bank, and Alan B. Levan is
corrected to read as provided in the attachment to this Corrective Amendment,
effective March 1, 1996.

         IN WITNESS WHEREOF, the parties have executed this Corrective Amendment
effective as provided herein.

BANKATLANTIC, A FEDERAL
SAVINGS BANK                           EMPLOYEE:


By:
   -----------------------------       -----------------------------------------
Printed Name:                          ALAN B. LEVAN
             -------------------
Title:
      --------------------------
**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 Amendment No. 2 to the QuarterlyReport of HPIL HOLDING (the “Company”) on Form 10-Q/A for the quarterly periodended June 30, 2012, as filed with the Securities and Exchange Commission onthe date hereof (the “Report”), I, Louis Bertoli, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 as  of the date and for the periods expressed in the Report. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

| */s/ Louis Bertoli*     |
|-------------------------|
| Louis Bertoli           |
| Chief Executive Officer |
|                    |
| May 10, 2013            |

 

 

 

The foregoing certification is being furnished solelypursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Reportor as a separate disclosure document.
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 annual report of MetroCorp Bancshares, Inc. (the “Company”) on Form 10-K for the year ending December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, George M. Lee, Executive Vice Chairman, President and Chief Executive Officer, 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 operating results of the Company.





/s/     GEORGE M. LEEGeorge M. LeeExecutive Vice Chairman,

President and Chief Executive Officer





March 15, 2011
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 Defense

###### Department of the Army

# AGENCY:

Department of the Army, DoD.

# ACTION:

 Notice of open meeting.

# SUMMARY:

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following committee meeting:

*Name of Committee:*                         Board of Visitors, United States Military Academy.                    

*Date:*                         Monday, November 14, 2005.                    

*Place of Meeting:*                         Superintendent's Conference Room, Taylor Hall, 2nd floor, Bldg. 600, West Point, NY.                    

*Start Time of Meeting:*                         Approximately 10 a.m.                    

# FOR FURTHER INFORMATION CONTACT:

Lieutenant Colonel Shaun T. Wurzbach, United States Military Academy, West Point, NY 10996-5000, (845) 938-4200.

# SUPPLEMENTARY INFORMATION:

*Proposed Agenda:*                     Annual Fall Meeting of the Board of Visitors. Review of the Academic, Military and Physical Programs at the USMA.                

Brenda S. Bowen,

Army Federal Register Liaison Officer.

[FR Doc. 05-20505  Filed 10-12-05; 8:45 am]

BILLING CODE 3710-08-M
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4956 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4956

To direct the Commissioner of Food and Drugs to modify the approval of 
any drug containing controlled-release oxycodone hydrochloride to limit 
such approval to use for the relief of severe-only instead of moderate-
                to-severe pain, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 2010

  Mrs. Bono Mack (for herself, Mr. Rogers of Kentucky, Mr. Terry, Mr. 
    Duncan, Mr. Mack, Mr. Whitfield, and Mr. Lynch) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL

 
To direct the Commissioner of Food and Drugs to modify the approval of 
any drug containing controlled-release oxycodone hydrochloride to limit 
such approval to use for the relief of severe-only instead of moderate-
                to-severe pain, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Oxy Abuse Act of 2010''.

SEC. 2. LIMITING APPROVAL OF DRUGS CONTAINING CONTROLLED-RELEASE 
              OXYCODONE HYDROCHLORIDE TO USE FOR RELIEF OF SEVERE-ONLY 
              PAIN.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Commissioner of Food and Drugs shall take 
such actions as may be necessary--
            (1) to modify the approval of any drug containing 
        controlled-release oxycodone hydrochloride under section 505 of 
        the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to 
        limit such approval to use for the relief of severe-only 
        instead of moderate-to-severe pain; and
            (2) to limit any subsequent approval of a drug containing 
        controlled-release oxycodone hydrochloride under such section 
        to use for the relief of severe-only pain.
    (b) Applicability.--Any modification required by subsection (a)(1) 
shall apply to drugs introduced or delivered for introduction into 
interstate commerce on or after the date that is 180 days after the 
date of the enactment of this Act.
                                 <all>
```