alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NUMBER 13-23-00547-CV

COURT OF APPEALS 

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

 

ALICIA GONZALEZ AND 

NICOLE TREBILCOCK, Appellants, 

v.

COASTAL CONSERVATION

ASSOCIATION, Appellee.

 

On appeal from the County Court at Law No. 4 

of Nueces County, Texas.

 

MEMORANDUM OPINION

Before Justices Longoria, Silva, and Peña

Memorandum Opinion by Justice Silva
2

Appellants Alicia Gonzalez and Nicole Trebilock attempt to appeal the trial court’s 

November 21, 2023 order granting appellee Coastal Conservation Association’s motion 

to dismiss. 

Upon review of the documents before the Court, it appeared that the order from 

which this appeal was taken was not an appealable interlocutory order or a final 

appealable order. “[A]n order or judgment is not final for purposes of appeal unless it 

actually disposes of every pending claim and party or unless it clearly and unequivocally 

states that it finally disposes of all claims and all parties.” Lehmann v. Har-Con Corp., 39

S.W.3d 191, 205 (Tex. 2001). The order clearly states that it was reserving the 

determination of appellee’s attorney’s fees for a later date. See Trane US, Inc. v. Sublett, 

501 S.W.3d 783, 787 (Tex. App.—Amarillo 2016, no pet.) (per curiam) (concluding that 

an order dismissing the plaintiff’s claims pursuant to the Texas Citizen’s Participation Act 

was not final because it “expressly [left] for future disposition the statutorily-required 

award of attorney’s fees and sanctions” (citing TEX. CIV. PRAC. & REM. CODE ANN. 

§ 27.009(a))). 

On January 5, 2024, the Clerk of the Court notified appellants of this defect and 

warned that if the defect was not corrected within ten days, the appeal would be 

dismissed. See TEX. R. APP. P. 42.3(b), (c). Appellants failed to correct the defect. Absent 

an appealable interlocutory order or final judgment, this Court has no jurisdiction over this 

appeal. See Olgetree v. Matthews, 262 S.W.3d 316, 319 n.1 (Tex. 2007); Lehmann, 39 

S.W.3d at 195. 
3

The Court, having considered the documents on file and appellants’ failure to 

correct the defect, is of the opinion that the appeal should be dismissed for want of 

jurisdiction. See TEX. R. APP. P. 42.3(a). Accordingly, the appeal is dismissed for want of 

jurisdiction.1 See id. R. 42.3(a), (c). 

CLARISSA SILVA

 Justice 

 

Delivered and filed on the

25th day of January, 2024. 

 

1 Appellants filed a motion to consolidate this case with appellate cause number 13-23-00542-CV, 

also pending before this Court and stemming from the same trial court case. Appellants’ motions are denied 

as moot.
<PAGE>
                                                                    EXHIBIT 32.1


                                CERTIFICATION OF
                             CHIEF EXECUTIVE OFFICER
                        OF MISSION RESOURCES CORPORATION

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, and accompanies the annual report on Form
10-K/A (the "FORM 10-K") for the year ended December 31, 2004 of Mission
Resources Corporation (the "ISSUER").

I, Robert L. Cavnar, the Chief Executive Officer of the Issuer, certify that:

         (i)      the Form 10-K fully complies with the requirements of section
                  13(a) or section 15(d) of the Securities Exchange Act of 1934
                  (15 U.S.C. 78m(a) or 78o(d)); and

         (ii)     the information contained in the Form 10-K fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Issuer.

         Dated:   April 11, 2005                      /s/ Robert L. Cavnar
                                                      --------------------



Subscribed and sworn to before me
this 11th day of April 2005



/s/ Carmen M. Garcia
--------------------

Notary Public in and for the
State of Texas

My commission expires: May 15, 2006



A signed original of this written statement required by Section 906 has been
provided to Mission Resources Corporation and will be retained by Mission
Resources Corporation and furnished to the Securities and Exchange Commission or
its staff upon request.
Exhibit (99.4)

 Written Statement of the Executive Vice President and Chief Financial Officer
                     Pursuant to 18 U.S.C. Section 1350

      Solely for the purposes of complying with 18 U.S.C. Section 1350, I, the
undersigned Executive Vice President and Chief Financial Officer of
Interstate Power and Light Company (the "Company"), hereby certify, based on
my knowledge, that the Quarterly Report on Form 10-Q of the Company for the
quarter ended September 30, 2002 (the "Report") fully complies with the
requirements of Section 13(a) of the Securities Exchange Act of 1934 and that
information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.




/s/  Thomas M. Walker
---------------------
Thomas M. Walker
November 14, 2002
<PAGE>


STATE OF NORTH CAROLINA
                                                                 EXHIBIT 10.17.1
                                                           LEASE AMENDMENT NO. 1

COUNTY OF WAKE

         THIS LEASE AMENDMENT is made this 5th day of March 2002, by and between
PARKER-RALEIGH DEVELOPMENT XXX, LLC ("Landlord") and LIPOSCIENCE, INC.
("Tenant").

         WHEREAS, Landlord and Tenant (collectively the "Parties") entered into
a written agreement of Lease executed October 4, 2001 (the "Lease") whereby the
Landlord leased to Tenant approximately 85,000 square feet of space located at
2500 Sumner Boulevard, Raleigh, North Carolina 27615 (the "Premises"); and,

         WHEREAS, the Tenant name has been changed and the parties wish to amend
the Lease to reflect the change; and,

         WHEREAS, the parties desire to further amend and modify the Lease as
hereinafter set forth.

         NOW, THEREFORE, by mutual agreement of the parties and in consideration
of the mutual promises and obligations hereinafter set forth, the Lease is
hereby amended and modified as follows:

1.        Delete "LipoMed, Inc." wherever it appears in the Lease and Amendment
          No. 1 and substitute in its place:

                                LipoScience, Inc.

         In the event of a conflict between the terms and conditions of the
Lease and this Amendment, this Amendment shall govern and control. All terms
defined in the Lease shall have the same meaning herein. Except as modified
herein all terms and conditions of the Lease are ratified and confirmed in all
other respects.

         IN WITNESS WHEREOF, the parties hereto have hereunto executed this
Lease Amendment No. 2 in triplicate causing their respective seals to be affixed
hereto the day and year first above written.

<PAGE>

                                      LANDLORD:

                                      PARKER-RALEIGH DEVELOPMENT
                                      XXX, LLC
                                      By: Parker Lincoln Developers, Inc.,
                                      Its Managing Agent

ATTEST:

/s/ Vickie B. Poor                    By:/s/ David L. Brady, CEO      (SEAL)
---------------------------              -----------------------------
Asst.  Secretary                               Vice President

(CORPORATE SEAL)

                                         TENANT:

                                         LIPOSCIENCE, INC.
                                              a Delaware corporation
ATTEST:

/s/  James D. Otvos                      By: /s/ Richard A. Franco       (SEAL)
---------------------------              -----------------------------
James D. Otvos  Secretary                Title: Chairman
                                         Name:  Richard A. Franco
(CORPORATE SEAL)                                Type or Print




                                   Page 2 of 2
# EUR-Lex - 32007M4431 - EN

Important legal notice

*|*

# 32007M4431

**Commission Decision of 01/02/2007 declaring a concentration to be compatible with the common market (Case No IV/M.4431 - BG GROUP / SERENE) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) **

*

*

Brussels, 01-02-2007

SG-Greffe(2006) 200451

To the notifying parties

Dear Madam(s) and/or Sir(s),

Subject: Case No. COMP/M.4431 BG Group / Serene

Notification of 20/12/2006 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1]

Publication in the Official Journal of the European Union No. C 004, 09-01-2007, page 4.

1. On 20 December 2006 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking BG Italia SpA ("BG Italia", Italy), a wholly-controlled subsidiary of BG Group plc ("BG Group", United Kingdom), acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the whole of the undertaking it currently jointly controls together with Edison SpA ("Edison", Italy), namely Serene SpA ("Serene", Italy) by way of purchase of shares.

2. The business activities of the undertakings concerned are:

BG Group is an integrated gas major with operations in over 20 countries. Its main activities comprise gas exploration and production, liquefied natural gas (LNG), transmission and distribution of power;

BG Italia is the main Italian subsidiary of BG Group active in the LNG, gas exploration and production and the power generation, through Serene.

3. After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No. 139/2004 and of paragraph 5, subparagraph (d) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No. 139/2004 [2].

4. For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EC) No. 139/2004.

For the Commission

signed

Philip LOWE

Director General

[1] OJ L 24, 29.1.2004 p. 1

[2] OJ C 56, 05.3.2005 p.32

--------------------------------------------------
Exhibit 32

CERTIFICATION OF

THE
TRUSTEE*

OF THE SAN JUAN BASIN ROYALTY TRUST

PURSUANT TO 18 U.S.C. § 1350

In connection with the accompanying report on Form 10-K for the year ended December 31, 2014, and filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Lee Ann Anderson, Vice President and Senior Trust Officer of Compass Bank, on behalf of Compass Bank, the Trustee of the San Juan Basin Royalty Trust (the Trust), not in its
individual capacity but solely as Trustee of the Trust, hereby certify that:



| | 1. | The Report fully complies in all material respects with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (as explained in Note 3 to the Trusts financial statements, in
accordance with Securities and Exchange Commission Staff Accounting Bulletin No. 47, released September 16, 1982, the Trust prepares its financial statements in a manner that differs from generally accepted accounting principles; such
presentation is customary to other royalty trusts); and
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Trust.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------



COMPASS BANK, AS TRUSTEE OF THESAN JUAN BASIN ROYALTY TRUSTBy:

/s/ Lee Ann AndersonName:

Lee Ann AndersonTitle:

Vice President and Senior Trust OfficerDate: March 2, 2015




|* | The Trust has no executive officers.
|- | ------------------------------------
# L_2007065EN.01001201.xml

| 3.3.2007 | EN | Official Journal of the European Union | L 65/12 |
| --- | --- | --- | --- |

3.3.2007

EN

Official Journal of the European Union

L 65/12

---

Corrigendum to Commission Regulation (EC) No 221/2007 of 1 March 2007 fixing the export refunds on milk and milk products

(
  Official Journal of the European Union L 64 of 2 March 2007
  )

On page 16, in the Annex, in the Table, in the sixth line ‘0405 10 50 9500’, in the fourth column under ‘Refunds’:

for:

‘86,64’,

read:

‘86,84’.

---
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          AUG-31-1997
<PERIOD-END>                               AUG-31-1997
<CASH>                                          43,681
<SECURITIES>                                         0
<RECEIVABLES>                                  416,874
<ALLOWANCES>                                  (10,000)
<INVENTORY>                                    542,226
<CURRENT-ASSETS>                             1,020,131
<PP&E>                                       1,057,082
<DEPRECIATION>                               (776,686)
<TOTAL-ASSETS>                               1,369,007
<CURRENT-LIABILITIES>                          866,404
<BONDS>                                        194,733
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       161,770
<OTHER-SE>                                     146,403
<TOTAL-LIABILITY-AND-EQUITY>                 1,369,007
<SALES>                                        949,369
<TOTAL-REVENUES>                             1,319,698
<CGS>                                          388,445
<TOTAL-COSTS>                                2,179,921
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              22,936
<INCOME-PRETAX>                              (872,525)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (872,525)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (872,525)
<EPS-PRIMARY>                                    (.05)
<EPS-DILUTED>                                    (.05)
        

</TABLE>
# L_2007151EN.01003201.xml

| 13.6.2007 | EN | Official Journal of the European Union | L 151/32 |
| --- | --- | --- | --- |

13.6.2007

EN

Official Journal of the European Union

L 151/32

---

COUNCIL DECISION

of 25 May 2007

appointing a Belgian alternate member of the Committee of the Regions

(2007/401/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal from the Belgian Government,

Whereas:

| (1) | On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1). |
| --- | --- |

(1)

On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

| (2) | A seat as an alternate member of the Committee of the Regions has fallen vacant following the resignation of Mr CEREXHE, |
| --- | --- |

(2)

A seat as an alternate member of the Committee of the Regions has fallen vacant following the resignation of Mr CEREXHE,

HAS DECIDED AS FOLLOWS:

Article 1

Ms Evelyne HUYTEBROECK, Minister for the Environment, Energy, Tourism and Welfare of the Brussels Capital Regional Government, is hereby appointed an alternate member of the Committee of the Regions in place of Mr CEREXHE for the remainder of his term of office, which runs until 25 January 2010.

Article 2

This Decision shall take effect on the date of its adoption.

Done at Brussels, 25 May 2007.

For the Council

The President

A. SCHAVAN

---

(1)  
  OJ L 56, 25.2.2006, p. 75.

1

---
United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

T.K., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE, 

Rockwood, TN, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 22-1326

Issued: March 16, 2023

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant1

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

ALEC J. KOROMILAS, Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On September 8, 2022 appellant, through counsel, filed a timely appeal from an August 26, 

2022 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of 

the Appellate Boards assigned the appeal Docket No. 22-1326.

The Board, having duly considered the matter, notes that the Board and OWCP may not 

simultaneously exercise jurisdiction over the same issue(s) in a case on appeal.2 The August 26, 

2022 OWCP decision denied reconsideration of a December 17, 2021 merit decision. However,

on May 31, 2022, appellant filed an appeal of the December 17, 2021 decision under Docket No. 

1

In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal 

or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). 

No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or 

representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or 

imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a 

representative, prior to approval by the Board, may be reported to appropriate authorities for investigation.

2

20 C.F.R. §§ 501.2(c)(3), 10.626;see, e.g., M.C., Docket No. 18-1278 (issued March 7, 2019).
2

22-0920.

3

 As the appeal in Docket No. 22-0920 was pending on August 26, 2022, OWCP’s

August 26, 2022 decision is null and void.4

As OWCP’s August 26, 2022 decision is null and void, counsel did not appeal from a final 

adverse decision. As there is no final adverse decision issued by OWCP over which the Board 

may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 22 -1326 

must be dismissed. Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 22-1326 is dismissed.

Issued: March 16, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

3 Order Dismissing Appeal, Docket No. 22-0920 (issued September 6, 2022).

4 The Board and OWCP may not simultaneously exercise jurisdiction over the same issue(s). 20 C.F.R. 

§§ 501.2(c)(3), 10.626; see D.P., Docket No. 20-1330 (issued February 19, 2021); J.C.,Docket No. 19-1849, n.2 

(issued November 17, 2020); RussellE. Lerman, 43 ECAB 770 (1992); Douglas E. Billings, 41 ECAB 880 (1990).
EXHIBIT 23



CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



We consent to the incorporation by reference in the following Registration Statements and related Prospectuses of WMS Industries Inc.:



|(1) | Registration Statement No. 333-57585 on Form S-8 filed June 24, 1998,
|--- | ---------------------------------------------------------------------



|(2) | Registration Statement No. 333-46726 on Form S-8 filed September 27, 2000,
|--- | --------------------------------------------------------------------------



|(3) | Registration Statement No. 333-55574 on Form S-8 filed February 14, 2001,
|--- | -------------------------------------------------------------------------



|(4) | Registration Statement No. 333-101538 on Form S-8 filed November 27, 2002,
|--- | --------------------------------------------------------------------------



|(5) | Registration Statement No. 333-107321 on Form S-3 filed July 25, 2003,
|--- | ----------------------------------------------------------------------



|(6) | Registration Statement No. 333-121199 on Form S-8 filed December 13, 2004,
|--- | --------------------------------------------------------------------------



|(7) | Registration Statement No. 333-121766 on Form S-8 filed December 30, 2004,
|--- | --------------------------------------------------------------------------



|(8) | Registration Statement No. 333-139425 on Form S-8 filed December 15, 2006, and
|--- | ------------------------------------------------------------------------------



|(9) | Registration Statement No. 333-158919 on Form S-8 filed April 30, 2009
|--- | ----------------------------------------------------------------------



of our reports dated August 27, 2009, with respect to the consolidated financial statements and schedule of WMS
Industries Inc. and the effectiveness of internal control over financial reporting of WMS Industries Inc., included in this Annual Report (Form 10-K) for the year ended June 30, 2009.



/s/ ERNST & YOUNG LLP



Chicago, Illinois

August 27, 2009
#### STATE v. FURR

No. 42 PC.

Case below: 3 N.C. App. 300.

Petition for writ of *certiorari*to North Carolina Court of Appeals denied 6 May 1969.