alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

RKMO, LLC

, a Florida Limited Liability Company,

SOUFFRANT INVESTMENTS & FEDERAL TRUST, INC.,

a Florida Corporation, JAHMAL SOUFFRANT,

YVONNE SO U FFRANT, and GARRY SOUFFRANT

, Appellant s

,

v.

SOPHIA BURROWS

, Appellee.

No. 4D2023

- 1878

[ March 21, 2024 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit,

Broward County; Jeffre y Levenson, Judge; L.T. Case No. CACE22

- 010244.

Gregory D. Curtis of Law Office of Gregory Curtis , Miami Gardens, for

appellants.

Robert L. Shearin of Law Office of Robert L. Shearin, Bo c a Raton, for

appellee.

P ER C URIAM

.

Affirmed

.

G ROSS

, G ERBER and C ONNER

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
<TABLE> <S> <C>



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<S>                             <C>
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<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             368
<INCOME-PRETAX>                                5,805
<INCOME-TAX>                                   1,692
<INCOME-CONTINUING>                            3,393
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   3,393
<EPS-PRIMARY>                                  6.03
<EPS-DILUTED>                                  6.03
        


</TABLE>
agen-ex10121_239.htm



Exhibit 10.12.1Ex

AMENDMENT NO. 3 TO

CONSULTING AGREEMENT

This AMENDMENT NO. 3 TO CONSULTING AGREEMENT (this “Amendment”) is entered into as of January 31, 2022 (the “Amendment Effective Date”), by and between Agenus Inc., a Delaware corporation having an address at 3 Forbes Road, Lexington, MA 02421 (“Agenus”), and Evan D. Kearns, an individual with an address at 40 Edgewater Lane, Needham, MA 02492 (“Consultant”) (each a “Party” and together the “Parties”).  Capitalized terms used in this Amendment and not otherwise defined herein shall have those meanings attributed to them in the Agreement (as defined below).

WITNESSETH

 

WHEREAS, Agenus and Consultant are parties to that certain Consulting Agreement effective as of April 30, 2021 (the “Agreement”); and

 

WHEREAS, the Parties now wish to amend the Agreement to extend the term thereof.

 

NOW, THEREFORE, the Parties agree as follows:

1.In accordance with Sections 3.1 and 7.6 of the Agreement, the term of the Agreement is hereby extended through April 30, 2022, unless further extended or earlier terminated pursuant to the terms of the Agreement.

 

2.Except as set forth in this Amendment, the Agreement shall remain in full force and effect.

 

3.This Amendment may be executed in counterparts, which, when taken together, shall constitute one agreement. If any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf” format data file, such signature shall create a valid and binding obligation of the Party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or “.pdf” signature page were an original thereof.

 

4.This Amendment shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to the conflict of laws principles of such Commonwealth.

 

[SIGNATURE PAGE FOLLOWS]

 



Exhibit 10.12.1Ex

 

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the Amendment Effective Date.

 

 


	
	
AGENUS INC. 

	
 

By: /s/ Garo Armen

	
Name:  Garo Armen

Title:    Chairman & CEO




 

 


	
	
CONSULTANT

	
 

/s/ Evan D. Kearns

	
Evan D. Kearns
** **

|   | (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/                Denise L. Ramos                  |
|--------|-----------------------------------------------------|
|   | Denise                L. Ramos                      |
|   | Title:                Chief Financial Officer       |
|   | Furniture                Brands International, Inc. |
|   | August                7, 2006                       |
----

|   | (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. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  May 7, 2010 | By:    |  /s/ Louis E. Ryan                                               |   |
|-------------------------------|--------|-----------------------------------------------------------------------|--------|
|                          |   |       Louis E. Ryan                          |   |
|                          |   |       Chief Executive Officer  and |   |
|                          |   |       Chairman of the Board of Directors     |   |
|                          |   |                                                   |   |

----
United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

C.A., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE,

Naples, FL, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 21-1302

Issued: September 29, 2021

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On August 24, 2021 appellant filed an appeal from a January 22, 2021 merit decision of 

the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards

assigned Docket No. 21-1302.

The Board has duly considered the matter and notes that the Board has jurisdiction to 

review final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act.1 

For final adverse decisions of OWCP issued on or after November 19, 2008, the Board’s review 

authority is limited to appeals which are filed within 180 days from the date of issuance of OWCP’s 

decision.2

The 180th day following the January 22, 2021 decision was July 21, 2021. As appellant 

did not file an appeal with the Board until August 24, 2021, more than 180 days after the

January 22, 2021 OWCP decision, the Board finds that the appeal docketed as No. 21-1302 is 

untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not offered 

 

1

5 U.S.C. § 8149; 20 C.F.R. §§ 501.2(c) and 501.3(a) (2009).

2

Id. at § 501.3(e).
2

a reason to explain the failure to timely file an appeal with supporting documentation sufficient to 

establish compelling circumstances.

The Board’s decisions and orders are “final upon the expiration of 30 days from the date 

of their issuance.”

3

IT IS HEREBY ORDERED THAT the appeal docketed as No. 21-1302 is dismissed.

Issued: September 29, 2021

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

 

3

Id. at § 501.6(d).
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          1,564
<SECURITIES>                                        0
<RECEIVABLES>                                 110,500
<ALLOWANCES>                                   10,458
<INVENTORY>                                         0
<CURRENT-ASSETS>                              101,606
<PP&E>                                        597,651
<DEPRECIATION>                                373,121
<TOTAL-ASSETS>                                344,573
<CURRENT-LIABILITIES>                         175,862
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                    1,223,435
<OTHER-SE>                                          0
<TOTAL-LIABILITY-AND-EQUITY>                  344,573
<SALES>                                       118,748
<TOTAL-REVENUES>                              118,748
<CGS>                                               0
<TOTAL-COSTS>                                 172,359
<OTHER-EXPENSES>                                    0
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                              6,877
<INCOME-PRETAX>                               (60,488)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                                 0
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                  (60,488)
<EPS-BASIC>                                  (0.039)
<EPS-DILUTED>                                  (0.039)


</TABLE>
<PAGE>

                                                                    EXHIBIT 23.3


The Board of Directors
Bellwether Exploration Company:

We consent to incorporation by reference in the registration statement (No. 333-
57827) on Form S-8 of Bellwether Exploration Company of our report dated March
9, 2001, relating to the consolidated balance sheets of Bellwether Exploration
Company and subsidiaries as of December 31, 2000, and 1999, and the related
consolidated statements of operations, changes in stockeholders' equity and cash
flows for each of the years in the three-year period ended December 31, 2000,
and all related schedules, which report appears in the December 31, 2000, annual
report on Form 10-K of Bellwether Exploration Company.


KPMG LLP
Houston, Texas
March 30, 2001
#### EDWARD JOHN PFOHLMAN, Appellant, v. THE STATE OF NEVADA, Respondent.

No. 22220

August 27, 1991

816 P.2d 450

*Terri Steik Roeser,*State Public Defender and *Janet S. Bessemer,*Deputy, Carson City, for Appellant.

*553
      *Frankie Sue Del Papa,*Attorney General, Carson City; *Noel S. Waters,*District Attorney and *Robert J. Lowe,*Deputy, Carson City, for Respondent.

OPINION

*Per Curiam:*

This is an appeal from a judgment of conviction for driving under the influence of alcohol, third offense. Appellant was sentenced to a term of two years in the Nevada State Prison and fined two thousand dollars.

On September 14, 1990, the state filed in the district court a criminal complaint charging appellant with driving under the influence of alcohol, third offense. On February 19, 1991, appellant entered into a negotiated plea agreement with the state. On April 11, 1991, the state filed in the district court a motion to admit a DUI conviction obtained against appellant on January 17, 1984. In that motion, the state noted that the January 17, 1984, conviction was based on an occurrence of DUI on July 20, 1983. The state acknowledged that this occurrence was more than seven years before the occurrence of DUI involved in this case. Nevertheless, the state argued that because the date of conviction was within seven years of the instant offense, the 1984 conviction should be used to enhance appellant’s sentence to a felony.1 Appellant was convicted and sentenced as noted above. This appeal followed.

Appellant contends that the district court erred in determining that a DUI offense occurring more than seven years prior to the current offense, but for which the date of conviction is within seven years of the current offense, can be used for enhancement purposes. We agree.

NRS 484.3792(2) provides:

> Any offense which occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the *554complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

The clear, unambiguous language of the statute refers to occurrences rather than convictions. If the prior offense occurred more than seven years before the current offense occurred, then that prior offense may not be used to enhance the punishment for the current offense. No other construction of the statute is even arguably tenable. The state’s argument to the contrary, putatively relying on legislative intent, lacks merit.

Accordingly, we reverse appellant’s judgment of conviction and remand this matter for further proceedings.

The other prior offense is not at issue in this case.
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 Quarterly Report of
Hill International, Inc. (the Company) on Form 10-Q/A for the period ended June 30, 2009 (the Report), I, Irvin E. Richter, Chairman and Chief Executive 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), as applicable, 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/ Irvin E. RichterIrvin E. RichterChairman and Chief Executive Officer


Dated: January 13, 2010
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>


</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                            AUG-31-1998
<PERIOD-END>                                 AUG-31-1998
<CASH>                                         6,391,115
<SECURITIES>                                           0
<RECEIVABLES>                                    377,734
<ALLOWANCES>                                      10,000
<INVENTORY>                                      657,259
<CURRENT-ASSETS>                               7,402,371
<PP&E>                                           874,270
<DEPRECIATION>                                   778,165
<TOTAL-ASSETS>                                 7,635,150
<CURRENT-LIABILITIES>                            690,678
<BONDS>                                            5,422
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                         163,701
<OTHER-SE>                                     3,326,257
<TOTAL-LIABILITY-AND-EQUITY>                   7,635,150
<SALES>                                        1,304,744
<TOTAL-REVENUES>                               1,437,917
<CGS>                                            707,399
<TOTAL-COSTS>                                  3,317,293
<OTHER-EXPENSES>                                       0
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                 8,373
<INCOME-PRETAX>                                3,271,525
<INCOME-TAX>                                     221,000
<INCOME-CONTINUING>                            2,890,579
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                   2,890,579
<EPS-PRIMARY>                                        .18
<EPS-DILUTED>                                        .17
        


</TABLE>
**Exhibit 31.1**

**CERTIFICATIONS PURSUANT TO						18 U.S.C. SECTION 1350						AS ADOPTED PURSUANT TO						SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

I, James Farinella, certify that:			     1.   I have  reviewed  this  quarterly  report on Form  10-QSB  of  SoftNet  Technology Corporation;			     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.   I am responsible for establishing and maintaining  disclosure controls and  procedures  (as defined in Exchange  Act Rules 13a-14 and 15d-14) for the registrant and I have:			          a) designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, 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.   I  have  disclosed,  based  on  our  most  recent  evaluation,  to the registrant's auditors and the audit committee of 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.   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 of our most recent  evaluation,  including  any  corrective  actions with regard to significant deficiencies and material weaknesses.

Date: May 22, 2006/s/ James Farinella                     			James Farinella			Chairman, Chief Executive Officer and President

----
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-4141

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MICHAEL AARON LITTLE, Defendant - Appellant.Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, District Judge. (CR-99-132-F) Submitted: September 8, 2000 Decided: October 19, 2000Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Douglas E. Kingsberry, THARRINGTON, SMITH, L.L.P., Raleigh, NorthCarolina, for Appellant. Janice McKenzie Cole, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Jennifer May-Parker, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Michael Aaron Little appeals his sentence following his plea of guilty to a violation of 18 U.S.C. § 751(a) (1994), escape from federal custody. Little asserts that the district court committed plain error when it failed to assure that Little received a copy of the revised Presentence Investigation Report and discussed theReport with his attorney. Assuming without deciding that the district court erred, we find that Little fails to establish that he suffered any prejudice. See United States v. Lockhart , 58 F.3d 86, 88-89 (4th Cir. 1995). Accordingly, we affirm the district court’s order of judgment and conviction. We dispense with oral argument because the facts and legal contentions are adequately presented inthe materials before the court and argument would not aid the decisional process.

AFFIRMED