alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00226-CV

Henry J. Novak and Bastrop Heritage Oaks, Ltd., Appellants

v.

Robert Patterson, Appellee

FROM THE DISTRICT COURT OF BASTROP COUNTY, 21ST JUDICIAL DISTRICT

NO. 24,154, HONORABLE TERRY L. FLENNIKEN, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellee Robert Patterson filed with this Court a motion to dismiss appeal for want

of jurisdiction, informing this Court that appellants Henry J. Novak and Bastrop Heritage Oaks, Ltd.

failed to timely file their notice of appeal. We will grant Patterson’s motion and dismiss the appeal

for want of jurisdiction. See Tex. R. App. P. 42.3(a).

According to the clerk’s record, the trial court signed the final judgment in this cause

on J anuary 14, 2003. Appellants filed a request for findings of fact and conclusions of law on

January 31, 2003. Thus, a notice of appeal was due to be filed on April 14, 2003. S ee id. 26.1(a)(4).

Appellants filed their notice of appeal on April 17, 2003; they did not file a motion to extend time

to file their notice of appeal.

Because appellants did not file their notice of appeal until more than ninety days after

the f i nal judgment was signed, their notice of appeal was untimely. The time period for filing a2

perf ecting instrument is jurisdictional. V elasquez v. Harrison

, 934 S.W.2d 767, 770 (Tex.

App.—H ouston [1st Dist.] 1996, no writ). When an appellant fails to file timely a perfecting

instrument or properly seek an extension of time to file a perfecting instrument, the appellate court

must dismiss the cause for lack of jurisdiction. Id.

Because appellants’ notice of appeal was not timely filed, this Cour t is without

jurisdiction over the appeal. Accordingly, we grant appellee’s motion and dismiss this appeal for

want of jurisdiction. See Tex. R. App. P. 42.3(a).

David Puryear, Justice

Before Chief Justice Law, Justices B. A. Smith and Puryear

Dismissed for Want of Jurisdiction on Appellee’s Motion

Filed: August 29, 2003
<PAGE>   1


                                                                    Exhibit 23.1


                              Accountants' Consent


Board of Directors
International Aircraft Investors:

We consent to incorporation by reference in the registration statements (No.
333-46411 and 333-46413) on Form S-8 of International Aircraft Investors and
subsidiaries of our report dated January 17, 2001 relating to the consolidated
balance sheets of International Aircraft Investors and subsidiaries as of
December 31, 2000 and 1999 and the related consolidated statements of income,
shareholders' equity, and cash flows for each of the years in the three-year
period ended December 31, 2000, which report appears in the 2000 report on Form
10-K of International Aircraft Investors and subsidiaries.


                                        KPMG LLP

Los Angeles, California
March 28, 2001
Exhibit 32.1

Certification of Annual Report

Pursuant
to §906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. §1350, the undersigned
officer of Renaissance Learning, Inc. (the Company), hereby certifies that,
to the undersigneds knowledge:

| |     |                                                                                                                                                                                                                           
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (1) | the
 Companys Annual Report on Form 10-K for the year ended December 31, 2009
 (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.                                                                    

Dated: March 10, 2010

| |                                 | 
| | ------------------------------- | 
| | /s/ Terrance
 D. Paul           | 
| | Name:
 Terrance D. Paul        
| | Title: Chief
 Executive Officer

THIS WRITTEN
STATEMENT ACCOMPANIES THIS REPORT PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY
ACT OF 2002 AND SHALL NOT BE DEEMED TO BE FILED BY THE COMPANY FOR PURPOSES OF
THE SECURITES EXCHANGE ACT OF 1934.

---
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 on Form 10-K of Merrill Lynch Preferred
Capital Trust II (the "Trust") and Merrill Lynch Preferred Funding II, L.P. for
the period ended December 30, 2005 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Marlene Debel, Regular Trustee
of the Trust, 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 results of operations of the Trust.





                              MERRILL LYNCH PREFERRED CAPITAL TRUST II


                              By:  /s/ MARLENE DEBEL
                                   ---------------------------------------------
                              Name:    Marlene Debel *
                              Title:   Regular Trustee









Dated: March 24, 2006
_____________________

* Marlene Debel functions as the equivalent of the Chief Executive Officer
  and Chief  Financial  Officer of the Trust for  purposes  of Section  906
  of the Sarbanes-Oxley Act of 2002.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                               2
<SECURITIES>                                     6,061
<RECEIVABLES>                                    1,113
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 7,747
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   7,795
<CURRENT-LIABILITIES>                              509
<BONDS>                                          6,160
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                       1,125
<TOTAL-LIABILITY-AND-EQUITY>                     7,795
<SALES>                                              0
<TOTAL-REVENUES>                                   569
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                    31
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 529
<INCOME-PRETAX>                                      9
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  9
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         9
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
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 Report of Credex Corporation (the "Company") on Form
10-Q for the quarter ended September 30, 2010 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), the undersigned, in the
capacities and on the date indicated below, hereby certifies pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to his 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 operation of the Company.

Date: January 25, 2011

By: /s/ Denise Leonardo
    _____________________

    Denise Leonardo
    President (CEO)

A signed original of this written statement required by Section 906, or other
document authentications, acknowledging, or otherwise adopting the signature
that appears in typed form within the electronic version of this written
statement required by Section 906, has been provided to Credex Corporation and
will be retained by Credex Corporation and furnished to the Securities and
Exchange Commission or its staff upon request.
FOR PUBLICA TION UNITED STATES COURT OF APPEALS FOR THE NI

NTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, V. DANIEL K

UUALOHA

AUKAI, Def

endant - A

ppellant. No. 04-10 226

D.C. No. CR-03-00 062-1-HG ORDER

Before: SCHROED ER, Chief Judge. Upon the vot e of a majority of nonrec used regula

r active judges of

this court, it is ordere d that this c ase be re heard by the en banc court purs uant to Circuit R ule 35-3. The thre e-judge panel opinio n shall not be cited as pr

ecedent by or t o this court

or any district c ourt of the

Ninth Cir

cuit, exc ept to the e xtent adopted by

the en banc court. 

# FILED JAN 22 2007 CATHY A. CA

TTERSON, CLERK U.S. COURT OF A PPEALS
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8176

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. MUJADDID RAHIM MUHAMMAD, f/k/a Stacey Lamar Marsh, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, District Judge. (3:91-cr-00114-2)

Submitted: May 28, 2009 Decided: June 3, 2009

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mujaddid Rahim Muhammad, Appellant Pro Se. John J. Frail, Assistant United States Attorney, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Mujaddid Rahim Muhammad appeals the district court’s order granting his motion to reduce his sentence filed pursuant to 18 U.S.C. § 3582(c)(2) (2006), and the order denying

reconsideration. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Muhammad , No. 3:91-cr00114-2 (S.D.W. Va. Mar. 28, 2008; Sept. 24, 2008); see United States v. Dunphy , 551 F.3d 247 (4th Cir. 2009), petition for

cert. filed , 77 U.S.L.W. 3559 (U.S. Mar. 20, 2009) (No. 08-1185). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

AFFIRMED
EXHIBIT 23.1







                       Consent of Independent Accountants




We  hereby  consent  to  the   incorporation  by  reference  in  the  Prospectus
constituting part of this Registration Statement on Form S-2 of our report dated
August 1, 1997 appearing on page 22 of the Annual Report on Form 10-K of Pro-Fac
Cooperative,  Inc.  for the year ended  June 28,  1997.  We also  consent to the
application  of such report to the  Financial  Statement  Schedule for the three
years ended June 28, 1997 listed under Item 14(a) of Pro-Fac Cooperative, Inc.'s
Annual  Report on Form 10-K for the year ended June 28, 1997 when such  schedule
is read in conjunction with the financial  statements referred to in our report.
The audits  referred to in such report also  included this  Financial  Statement
Schedule.  We also consent to the reference to us under the heading "Experts" in
such Prospectus.



/s/ Price Waterhouse LLP
PRICE WATERHOUSE LLP

   
Rochester, New York
December 18, 1997
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONSOLIDATED
BALANCE SHEETS AND THE CONSOLIDATED STATEMENTS OF OPERATIONS FILED AS PART OF
THE COMPANY'S REGISTRATION STATEMENT ON FORM S-1 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   OTHER
<FISCAL-YEAR-END>                          DEC-28-1996
<PERIOD-END>                               DEC-28-1996
<CASH>                                         976,571
<SECURITIES>                                         0
<RECEIVABLES>                                1,010,151
<ALLOWANCES>                                         0
<INVENTORY>                                 19,867,764
<CURRENT-ASSETS>                            22,116,172
<PP&E>                                      10,923,560
<DEPRECIATION>                               4,341,458
<TOTAL-ASSETS>                              31,857,996
<CURRENT-LIABILITIES>                       12,686,543
<BONDS>                                      7,025,017
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        41,076
<OTHER-SE>                                  10,605,163
<TOTAL-LIABILITY-AND-EQUITY>                31,857,996
<SALES>                                     66,232,884
<TOTAL-REVENUES>                            66,232,884
<CGS>                                       34,062,252
<TOTAL-COSTS>                               26,567,818
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             670,118
<INCOME-PRETAX>                              4,957,163
<INCOME-TAX>                                   487,990
<INCOME-CONTINUING>                          4,469,173
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 4,364,022
<EPS-PRIMARY>                                     0.70
<EPS-DILUTED>                                     0.57
        

</TABLE>
<PAGE>
                                                                    EXHIBIT 31.2

                  SECTION 302 CERTIFICATION OF PERIODIC REPORT


I, Steven A. Schmidt, certify that:

1. I have reviewed this annual report on Form 10-K of Renaissance Learning,
Inc.;

2. Based on my knowledge, this 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 report;

3. Based on my knowledge, the financial statements, and other financial
information included in this 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 report;

4. The registrant's other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, 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 report is being prepared;

b) evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

c) disclosed in this report any change in the registrant's internal control over
financial reporting that occurred during the registrant's most recent fiscal
quarter (the registrant's fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect the
registrant's internal control over financial reporting; and

5. The registrant's other certifying officer(s) and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent function):

a) all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.


Date:  March 5, 2004

                                             /s/Steven A. Schmidt
                               -------------------------------------------------
                                              Steven A. Schmidt
                               Executive Vice President, Chief Financial Officer
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 11-40057

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ELMER EDGARDO MARTINEZ-LOPEZ,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:10-CR-1089-1

Before KING, HAYNES, and GRAVES, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Elmer Edgardo Martinez-Lopez

moved for leave to withdraw and filed a supplemental brief in accordance with

Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d

229 (5th Cir. 2011). Martinez-Lopez has filed a response and moved for

appointment of new counsel. We have reviewed counsel’s brief and the relevant

portions of the record reflected therein, as well as Martinez-Lopez’s response. 

We concur with counsel’s assessment that the appeal presents no nonfrivolous

United States Court of Appeals

Fifth Circuit

F I L E D

December 19, 2011

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

Case: 11-40057 Document: 00511699411 Page: 1 Date Filed: 12/19/2011
No. 11-40057

issue for appellate review. Accordingly, counsel’s motion for leave to withdraw

is GRANTED, counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. Martinez-Lopez’s motion for

appointment of new counsel is DENIED. 

2

Case: 11-40057 Document: 00511699411 Page: 2 Date Filed: 12/19/2011
Exhibit 31.2

                                  CERTIFICATION
            PURSUANT TO SECTION 302 OF THE SARBANES OXLEY ACT OF 2002

I, Ronald Howard Lane, the principal  financial  officer of Bionutrics,  Inc., a
Nevada corporation, certify that:

1. I have reviewed this annual report on Form 10-K of Bionutrics, Inc.;

2.  Based on my  knowledge,  this  annual  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 annual
report;

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information  included  in this annual  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 annual report;

4.  The  registrant's  other  certifying  officers  and  I are  responsible  for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-15 (e) and 15d-15 (e)) for the registrant and the Company
has:

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 annual 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 annual
report (the "Evaluation Date"); and

c) presented in this annual report our conclusions  about the  effectiveness  of
the  disclosure  controls  and  procedures  based  on our  evaluation  as of the
Evaluation Date;

5. The registrant's other certifying officers and 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  and  material  weaknesses  in the  design  or
operation of internal  control over  financial  reporting  which are  reasonably
likely  to  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 control over
financial reporting.



Date: January 30, 2006                 /s/     Ronald Howard Lane
                                               ---------------------------------
                                               Ronald Howard Lane,
                                               Principal Financial Officer