alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
A96A0563.

#### FRASURE v. CALHOUN.

(471 SE2d 57)

Blackburn, Judge.

Carnel C. Frasure, acting pro se, appeals the dismissal of a malpractice action he filed against his former attorney, Elizabeth C. Calhoun.

Frasure’s action was served on Calhoun on June 28, 1995, and it is undisputed that Frasure failed to obtain or attach an expert affidavit in support of his complaint as required by OCGA § 9-11-9.1. Calhoun neither sought nor received an extension of time within which to file her responsive pleadings. On August 3, 1995, 36 days after the complaint was served, Calhoun filed a motion to dismiss based on Frasure’s failure to comply with the affidavit requirement.1 The motion to dismiss was Calhoun’s initial responsive pleading. The trial court dismissed the action, rejecting Frasure’s arguments that the motion was untimely. This appeal ensued.

OCGA § 9-11-12 (a) generally requires responsive pleadings to be filed within 30 days after service of the summons and complaint. This 30-day deadline also applies to motions filed in lieu of an answer. See *Williams v. Coca-Cola Co.,*158 Ga. App. 139, 140 (279 SE2d 261) (1981). If responsive pleadings are not filed within the time required, the case is automatically in default. OCGA § 9-11-55 (a). OCGA § 9-11-55 (a) provides that a default may be opened as a matter of right upon the payment of costs and the filing of an answer within 15 days of the default. While Calhoun’s motion was docketed *273within the period when she could have opened the default as a matter of right, it was not accompanied by the payment of costs, and therefore, the default was not opened. The trial court erred by ruling on Calhoun’s motion while the case was in default. The motion did not keep the case from being in default. A defense to an action is not a ground in itself to opening a default. See *Day v. Norman,*207 Ga. App. 37, 38 (427 SE2d 31) (1993). Therefore, we must reverse.

Decided May 3, 1996.

Carnel C. Frasure, *pro se.*

*Jack E. Boone, Jr.,*for appellee.

No final judgment has been entered in this case, and prior thereto, the trial court may consider any motion to open default which might be filed and exercise its discretion as to such motion under the provisions of OCGA § 9-11-55 (b).

*Judgment reversed.*

*Beasley, C. J, and Birdsong, P. J, concur.*

1

 Calhoun claims that an answer was timely filed and attached a copy of the purported answer to her appellate brief. *“A*brief or an attachment thereto cannot be used as a procedural vehicle for adding evidence to the record.” (Citations and punctuation omitted.) *Stolle v. State Farm Mut. &c. Ins. Co.,*206 Ga. App. 235, 236 (424 SE2d 807) (1992). Although an attachment to an appellate brief cannot be used as evidence, we note that the purported copy of Calhoun’s answer indicates that it was served upon Frasure on July 28, 1995; however, the copy reflects no file stamp from the trial court.
Case 1:11-cr-00013-MP-GRJ   Document 42   Filed 03/29/12   Page 1 of 7

Case 1:11-cr-00013-MP-GRJ   Document 42   Filed 03/29/12   Page 2 of 7

Case 1:11-cr-00013-MP-GRJ   Document 42   Filed 03/29/12   Page 3 of 7

Case 1:11-cr-00013-MP-GRJ   Document 42   Filed 03/29/12   Page 4 of 7

Case 1:11-cr-00013-MP-GRJ   Document 42   Filed 03/29/12   Page 5 of 7

Case 1:11-cr-00013-MP-GRJ   Document 42   Filed 03/29/12   Page 6 of 7

Case 1:11-cr-00013-MP-GRJ   Document 42   Filed 03/29/12   Page 7 of 7
EXHIBIT 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, George P. Lin, 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,
Arrin Corporation's Quarterly Report on Form 10-Q for the fiscal quarter ended
March 31, 2010 fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 and that information contained in such
Quarterly Report on Form 10-Q fairly presents in all material respects the
financial condition and results of operations of Arrin Corporation.


Date: 06/18/10                       By: /s/ George P. Lin
                                         ---------------------------------------
                                     Name:  George P. Lin
                                     Title: Chief Financial Officer
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.                  

###### Equal Employment Opportunity Commission

# Agency Holding the Meeting:

Equal Employment Opportunity Commission.

# Date and Time:

Tuesday, July 22, 2008, 10 a.m. Eastern Time.

# Place:

 Clarence M. Mitchell, Jr. Conference Room on the Ninth Floor of the EEOC Office Building, 1801 “L” Street, NW., Washington, DC 20507.

# Status:

The meeting will be open to the public.

# Matters to be Considered

 

### Open Session

1. Announcement of Notation Votes, 

2. Issues Facing Asian Americans and Pacific Islanders in the Federal Workplace—Invited Panelists, 

3. Compliance Manual Section on Religious Discrimination, and

4. Resolution Honoring Commission Employee on Her Retirement.

# Note:

                        In accordance with the Sunshine Act, the meeting will be open to public observation of the Commission's deliberations and voting. (In addition to publishing notices on EEOC Commission meetings in the                         **Federal Register**                        , the Commission also provides a recorded announcement a full week in advance on future Commission sessions.)                    

                    Please telephone (202) 663-7100 (voice) and (202) 663-4074 (TTY) at any time for information on these meetings. The EEOC provides sign language interpretation at Commission meetings for the hearing impaired. Requests for other reasonable accommodations may be made by using the voice and TTY numbers listed above.                     *Contact Person for More Information:*                     Stephen Llewellyn, Executive Officer at (202) 663-4070.                

Dated: July 14, 2008.

Stephen Llewellyn,

Executive Officer, Executive Secretariat.

[FR Doc. 08-1441 Filed 7-14-08; 4:04 pm]

BILLING CODE 6570-01-P
Nerium Biotechnology, Inc.





EXHIBIT 32.2





SARBANES-OXLEY SECTION 906 CERTIFICATION




CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350. AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I, Joseph B. Nester certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley act of 2002, that the Form 10-Q for the period ended June 30, 2012, fully complies with the requirements of Section 13(a) or 15(d) of the Securities act of 1934 and that the information contained in such Form 10-Q fairly presents in all material respects the financial condition and results of operations of Nerium Biotechnology, Inc.




Dated: August 27, 2012/s/ Joseph B. NesterJoseph B. Nester, Chief Financial Officer
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

ARIEON GASQUE,

Appellant,

v. Case No. 5D23-1752

LT Case No. 2022-DR-001648

DANNY KISWANI,

Appellee.

_______________________________/

Opinion filed August 18, 2023

Nonfinal Appeal from the Circuit Court

for Seminole County,

Michael J. Rudisill, Judge.

Arieon Gasque, Orlando, pro se.

Mark A. Skipper, of Law Office of 

Mark A. Skipper, P.A., Orlando, for 

Appellee.

PER CURIAM.

Arieon Gasque appeals a pre-final-judgment order entered by the trial 

court denying her motion for civil contempt in the pending paternity action 

between the parties. Pursuant to Florida Rule of Appellate Procedure 
2

9.040(c), we treat Gasque’s appeal as a petition for writ of certiorari and 

dismiss the petition for failing to establish the requisite irreparable harm.

DISMISSED.

EDWARDS, C.J., LAMBERT and PRATT, JJ., concur.
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 One eCommerce Corporation (the Company) on form 10-Q for the period ended September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John Welch, certify to my knowledge and in my capacity as an officer of the Company, 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, as amended; 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 dates and for the periods expressed in the Report.

Date:   November 9, 2009

| |  |                                       
| |  | --------------------------------------
| |  |                                       
| |  | /s/ JOHN WELCH                        
| |  | John Welch
Principal Executive Officer

A certification furnished pursuant to this Item will not be deemed filed for purposes of section 18 of the Exchange Act (15 U.S.C. 78r), or otherwise subject to the liability of that section. Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act or the Exchange Act, except to the extent that the small business issuer specifically incorporates it by reference.
<PAGE>   1

                                                                    Exhibit 23.1

                         INDEPENDENT AUDITORS' CONSENT



The Board of Directors
Balanced Care Corporation:


We consent to incorporation by reference in the registration statements (Nos.
333-68977 and 333-52291) on Form S-8 of Balanced Care Corporation of our report
dated August 20, 1999, relating to the consolidated balance sheets of Balanced
Care Corporation and subsidiaries as of June 30, 1999 and 1998 and the related
consolidated statements of operations, stockholders' equity, and cash flows
for each of the years in the three-year period ended June 30, 1999, and all
related schedules, which report appears in the June 30, 1999 annual report on
Form 10-K/A of Balanced Care Corporation.

                                        KPMG LLP


Baltimore, Maryland
October 1, 1999
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.                  

###### Federal Housing Finance Board

# Time and Date:

The open meeting of the Board of Directors is scheduled to begin at 10 a.m. on Wednesday, May 14, 2008. The closed portion of the meeting will follow immediately the open portion of the meeting. 

# Place:

Board Room, First Floor, Federal Housing Finance Board, 1625 Eye Street, NW., Washington, DC 20006. 

# Status:

The first portion of the meeting will be open to the public. The final portion of the meeting will be closed to the public. 

# Matter To Be Considered at the Open Portion:

*2008 Designation of Directorships.*

# Matter To Be Considered at the Closed Portion:

*Periodic Update of Examination Program Development and Supervisory Findings.*

# FOR MORE INFORMATION CONTACT:

                        Shelia Willis, Paralegal Specialist, Office of General Counsel, at 202-408-2876 or                         *williss@fhfb.gov.*

Dated: May 7, 2008.

By the Federal Housing Finance Board. 

Christopher T. Curtis, 

General Counsel. 

[FR Doc. 08-1254 Filed 5-8-08; 4:00 pm] 

BILLING CODE 6725-01-P
EXHIBIT 13.2CERTIFICATION(pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002)In connection with the Annual Report on Form 20-F for the fiscal year ended June 30, 2006 ofHarmony Gold Mining Company Limited (the “Company”) as filed with the U.S. Securities and ExchangeCommission (the “Commission”) on the date hereof (the “Report”) and pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, Nomfundo VuyiswaLila Qangule, Chief Financial Officer of the Company, certify, that:     (1) the Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and     (2) the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.Date: October 30, 2006       /s/ Nomfundo Vuyiswa Lila Qangule         Nomfundo Vuyiswa Lila Qangule    Chief Financial Officer  A signed original of this written statement required by Section 906 has been provided and will beretained by the Company and furnished to the Commission or its staff upon request.
Presidential Documents

Federal Register / Vol. 73, No. 98 / Tuesday, May 20, 2008 / Presidential Documents 29385 

Proclamation 8257 of May 15, 2008 

World Trade Week, 2008 

By the President of the United States of America 

A Proclamation 

Free and fair trade helps secure a future of freedom and promise. During 

World Trade Week, we recognize the positive effects of opening markets 

around the world. Open markets play an integral role in America’s economic 

progress, creating better-paying jobs, expanding consumer choices, and providing increased opportunities for American workers and employers. Free 

and fair trade also increases economic growth among our trading partners. 

My Administration is committed to expanding economic freedom worldwide. 

We will continue to seek an ambitious outcome in the Doha Round that 

will reduce and eliminate tariffs and other barriers on goods and open 

new markets for services trade. The Doha Round provides a once-in-ageneration opportunity to advance open markets, strengthen economic 

growth, and help millions rise out of poverty. 

We also encourage the Congress to approve our pending trade agreements 

with Colombia, Panama, and South Korea. Our free trade agreement with 

Colombia is important, because it will support one of our closest allies 

in the Western Hemisphere currently under assault from a terrorist network. 

Congressional approval of this agreement would make clear America’s 

unshakeable commitment to advancing the benefits of free markets and 

the interests of free people. 

Today, nearly 250,000 U.S. firms export U.S. products. Ninety-seven percent 

of those exporters are small- or medium-sized businesses. The number of 

U.S. small business exporters has more than doubled since 1992. Those 

businesses have surpassed a quarter of a trillion dollars in annual export 

sales. 

Free and fair trade helps reinforce our Nation’s commitments to democracy, 

transparency, and the rule of law. This week and throughout the year, 

we recognize the importance of trade in promoting prosperity and freedom 

in the United States and around the world. 

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States 

of America, by virtue of the authority vested in me by the Constitution 

and laws of the United States, do hereby proclaim May 18 through May 

24, 2008, as World Trade Week. I encourage all Americans to observe this 

week with events, trade shows, and educational programs that celebrate 

the benefits of trade to our Nation and the global economy. 


jlentini on PROD1PC65 with FRD1
29386 Federal Register / Vol. 73, No. 98 / Tuesday, May 20, 2008 / Presidential Documents 

IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day 

of May, in the year of our Lord two thousand eight, and of the Independence 

of the United States of America the two hundred and thirty-second. 

[FR Doc. 08–1284 

Filed 5–19–08; 8:58 am] 

Billing code 3195–01–P 


jlentini on PROD1PC65 with FRD1GWBOLD.EPS</GPH>
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 *





I, Mercer
Cauley, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on
Form 10-Q of Tryon Alpha, Inc. for the quarter ended June 30,
2009 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and that information contained
in such Quarterly Report on Form 10-Q fairly presents in all material
respects the financial condition and results of operations of Tryon Alpha,
Inc.





Date:
      August 11, 2009
              By:
              /s/Mercer
      CauleyMercer
      Cauley, PresidentPrincipal
      Executive Officer andPrincipal
      Financial Officer





The
foregoing certification is being furnished solely pursuant to 18 U.S.C. Section
1350 and is not being filed as part of the Report or as a separate disclosure
document.
Procedures Workgroup Agenda 

September 4, 2008

I. Call to order and housekeeping items 

II. Address action item list from August 21, 2008 meeting 

III. Begin review of 3rd set of findings as time permits 

IV. Establish future meeting date(s)
[Federal Register Volume 73, Number 122 (Tuesday, June 24, 2008)]
[Notices]
[Page 35723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1383]


-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Office of Thrift Supervision


Joint-Federal Retirement Thrift Investment Board/Employee Thrift 
Advisory Counsil Meeting; Sunshine Act; Notice of Meeting

Time and Date: 9 a.m. (Eastern Time), June 30, 2008.

Place: 2nd Floor Training Room, 1250 H Street, NW., Washington, DC 
20005.

Status:  Parts will be open to the public and parts closed to the 
public.

Matters to be Considered: 

Parts Open to the Public

    1. Approval of the minutes of the May 19, 2008 Board member 
meeting.
    2. Approval of the minutes of the December 19, 2007 ETAC meeting.
    3. Thrift Savings Plan activity report by the Executive Director.
    a. Participant Activity Report.
    b. Investment Performance Report.
    4. New Business.
    a. TSP System Modernization.
    b. Congressional discussion draft on (1) automatic enrollment, (2) 
L Fund default option, (3) Roth account option, (4) Board authority to 
add funds or create a self-directed mutual fund window.
    c. Allowing a spousal beneficiary to inherit and maintain a TSP 
account.

Parts Closed to the Public

    5. Procurement/Confidential Vendor Financial Data.
    6. Security.

FOR MORE INFORMATION CONTACT: Thomas J. Trabucco, Director, Office of 
External Affairs, (202) 942-1640.

    Dated: June 19, 2008.
Thomas K. Emswiler,
Secretary, Federal Retirement Thrift Investment Board.
[FR Doc. 08-1383 Filed 6-20-08; 8:47 am]
BILLING CODE 6760-01-P
Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 Green Star Mining Corp. (the
"Company") on Form 10-Q for the period ending May 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Nan E.
Weaver, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss.1350, as adopted pursuant to ss.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 result of operations of
          the Company.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
6th day of July, 2009.


/s/ Nan E. Weaver
---------------------------
Chief Executive Officer