alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
461 A.2d 862

#### In the Matter of the ADOPTION OF J.D.P. Appeal of G.P.

Superior Court of Pennsylvania.

Argued Jan. 11, 1983.

Filed June 17, 1983.

*193Stephanie Domitrovich, Erie, for appellant.

Marilyn Woolery, Erie, for appellee.

Dennis V. Williams, Erie, for participating party.

Before POPOVICH, MONTGOMERY and VAN der VOORT, JJ.

PER CURIAM:

This is an appeal from an order terminating the parental rights of appellant G.P., natural father of J.D.P., on the ground that the repeated and continued incapacity and neglect of G.P. has caused J.D.P. to be without essential parental care and control and the conditions and causes of this incapacity and neglect cannot or will not be remedied. 23 Pa.C.S.A. § 2511(a)(2).

The instant Petition for Involuntary Termination of appellant’s parental rights was filed on January 12, 1982, and a hearing thereon was held on March 2, 1982. At the conclusion of the hearing, the court entered an order terminating appellant’s parental rights. Exceptions were timely filed and denied. This appeal followed.

During the pendency of this case, the United States Supreme Court held that an order terminating parental rights must be supported by clear and convincing evidence. *Santosky v. Kramer,*455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982). The effect of this decision was to raise the burden of proof required in involuntary termination of *194parental rights cases from a “preponderance of the evidence” to “clear and convincing evidence.”

This court subsequently determined that this higher burden of proof must be applied to any case in which an order of termination was entered by a lower court prior to the *Santosky*decision but which had not yet been finally decided on appeal and that such cases must be remanded to the trial court for further proceedings in accord with the *Santo-sky*standard. *In re: Adoption of M.E.T.,*313 Pa.Super. 316, 459 A.2d 1247 (1983). For the reasons contained in that opinion, therefore, we must vacate the order entered in this case and remand it for further proceedings in accordance with the decision in *In re: Adoption of M.E.T., supra.*

Order vacated. Case remanded for further proceedings not inconsistent with the opinion in *In re: Adoption of M.E.T.,*313 Pa.Super. 316, 459 A.2d 1247 (1983). We do not retain jurisdiction.
_________________________________________ 

 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

June 6, 2008 Clifford W. Taylor,

 Chief Justice 

136607 Michael F. Cavanagh 

& (24) Elizabeth A. Weaver 

Marilyn Kelly (25) Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

LARRY LEIB,

Plaintiff-Appellee, 

v SC: 136607 

 COA: 285768 

Oakland CC: 2008-091695-AW 

OAKLAND COUNTY CLERK,

Defendant, 

and 

RICHARD D. KUHN, SR., 

 Intervening Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the motion for immediate consideration is GRANTED. 

The application for leave to appeal the June 5, 2008 order of the Court of Appeals is 

considered, and it is DENIED, because we are not persuaded that the question presented 

should be reviewed by this Court. The motion for stay is DENIED as moot. 

l0606 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

June 6, 2008 

 Clerk
#### Shaver's Admr. v. Ewald’s Exor.

(Decided April 14, 1911..)

Appeal from Jefferson Circuit Court, Chancery, 2nd Division.

A legatee, accepting liis legacy under a will which provides that the legacy shall be in full of all interest in the estate, accepts the will and is hound by his election, although the will may be afterwards contested and held invalid.

KOHN, BAIRD, SLOSS & KOHN for appellant.

P. B. MUIR, CHAS. H. GIBSON and GIBSON, MARSHALL & GIBSON for appellee.

RESPONSE to Petition eor Rehearing by

Chiee Justice Hobson.

In the original opinion we said:

> “Ewald left an estate of between $2,000,000 and $3,T 000,000. tie had adopted three children to whom he left the bulk of his estate in trust; and it is alleged that Iiq apprehended that his brothers and sisters might attack the validity of the adoption of the children, and might contest the will. His brothers and sisters and their descendants were his heirs at law, and would receive the property if the will was broken.” (See Shaver’s Admr. v. Ewald’s Exor., 142 Ky. 472.)

In saying that his brothers and sisters and their descendants were Ewald’s heirs at law and would receive the property if the will was broken, we did not have in mind the validity of the adoption of the children, or pass thereon, as this matter was not before us. We only meant that his brothers and sisters and their descend^ ants were by blood his next of kin. We merely stated the facts to illustrate the probable intention of the testator in making the third paragraph of the will and to explain the controversy before us.

Those legatees who accept the legacies will accept them under the will and in full of all interest in the estate. After " they have so accepted their legacies they cannot *161say it is not the testator’s will. It will he the testator’s will as to them, whatever it may be as to others. By accepting the legacies, they agree that it is the will of the testator, and agree to receive the legacies in fnll of all interest in the estate. To hold otherwise wonld be to allow part of the legatees to accept their legacies nnder the will and then fnrnish this money to other legatees to carry on a contest over the will, or to allow them to take what is given them nnder the will and then without risking anything, to take the chance of getting more of the estate if the contest was snccessfnl, and to lose nothing if it was unsuccessful. The will was drawn to prevent this. If the will should be contested and held invalid, any estate that would fall to any legatee who has accepted his legacy under the will, it being still the will as to him, will pass under it; and as therein directed to the devisees named in it; and only that part of the estate that in case of intestacy would fall to those who have not accepted their legacies will be affected by a successful contest of the will.

Petition overruled.

Whole court sitting except Judge 0 ’Rear.
Order entered November 13, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-12-00548-CR

JUAN JOSE VAZQUEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 219th Judicial District Court

Collin County, Texas

Trial Court Cause No. 219-82231-2011

ORDER

Appellant’s motion for an extension of time in which to file a motion for rehearing is 

GRANTED. Appellant’s motion for rehearing, filed November 7, 2013, is deemed timely filed.

/s/ ELIZABETH LANG-MIERS 

JUSTICE
Certification of Chief Executive Officer Pursuant to18 U.S.C. Section 1350,
As Adopted Pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Report of Applied Signal Technology, Inc. (the "Company") on Form 10-Q for the period ended July 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Gary L. Yancey, 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 to my knowledge:

The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.
/s/ Gary L. Yancey

Date: September 9, 2004Gary L. YanceyPresident and Chief Executive Officer
Exhibit 31.2



CERTIFICATION



I, Sharon Doherty, certify that:





I have reviewed this quarterly report on Form 10-Q (this Report) of Integrated Security Systems, Inc.;





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;





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 small business issuer as of, and for, the periods presented in this Report;





I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:





Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under my supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to me by others within those entities, particularly during the period in which this Report is being prepared;



Evaluated the effectiveness of the small business issuers disclosure controls and procedures and presented in this Report my 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



Disclosed in this Report any change in the small business issuers internal control over financial reporting that occurred during the small business issuers most recent fiscal quarter (the small business issuers fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuers internal control over financial reporting;





I have disclosed, based on my most recent evaluation of internal control over financial reporting, to the small business issuers auditors and the audit committee of the small business issuers board of directors (or persons performing the equivalent functions):





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 small business issuers ability to record, process, summarize and report financial information; and



Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuers internal control over financial reporting.







/s/ SHARON DOHERTY

Sharon Doherty

Chief Financial Officer

Principal Financial Officer
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 Annual Report of Bluefly, Inc. (the "Company")
on Form 10-K for the year ending December 31, 2005, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Patrick C. Barry,
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; 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/ Patrick C. Barry
------------------------
Patrick C. Barry
Chief Financial Officer
February 28, 2006
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 Commerce

###### National Oceanic and Atmospheric Administration

          - RIN: 0648–XW16

# AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

# ACTION:

Notice of cancellation of a public meeting.

# SUMMARY:

The New England Fishery Management Council (Council) has cancelled the public meeting of its Joint Skate Committee and Advisory Panel that was scheduled for Tuesday, May 18, 2010 beginning at 9:30 a.m., in Peabody, MA.

# FOR FURTHER INFORMATION CONTACT:

Paul J. Howard, Executive Director, New England Fishery Management Council; telephone: (978) 465–0492.

# SUPPLEMENTARY INFORMATION:

                    The initial notice was published on May 3, 2010, (75 FR 23244) and the meeting will be rescheduled at a later date and announced in the                     **Federal Register**                    .                

Dated: May 3, 2010.

Tracey L. Thompson,

Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 2010–10755 Filed 5–6–10; 8:45 am]

BILLING CODE 3510–22–S
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Prepared by MERRILL CORPORATION www.edgaradvantage.com




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EXHIBIT 4(h)

  


 PROTECTIVE LIFE INSURANCE COMPANY

P. O. BOX 2606

BIRMINGHAM, ALABAMA 35202-2606  


 ENHANCED SPOUSAL CONTINUATION BENEFIT ENDORSEMENT  


    This endorsement amends the Contract to which it is attached by adding the following provisions and making them a part of the Contract as of its Effective
Date: 


 
 

Enhanced Spousal Continuation Benefit    
  


    If a Beneficiary who is the surviving spouse of a deceased Owner elects, in lieu of receiving the death benefit, to continue the Contract and become the new
Owner as provided in the Contract, we will add to the Contract Value an amount equal to the positive difference, if any, between: 1) the value of the Contract's death benefit; and, 2) the Contract
Value; both determined as of the date we receive due proof of death. We will allocate the amount we add according to the Purchase Payment instructions then in effect, but the amount we add will not be
considered a Purchase Payment. 


    All
other provisions of your Contract not contrary to the terms of this endorsement remain in full force and effect. 


PROTECTIVE
LIFE INSURANCE COMPANY 



   




Deborah J. Long

Secretary 









QuickLinks



Enhanced Spousal Continuation Benefit
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1730 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 1730

_______________________________________________________________________

                                 AN ACT

 
   To amend the Federal Water Pollution Control Act to provide that 
   certain environmental reports shall continue to be required to be 
                               submitted.

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

SECTION 1. CONTINUATION OF SUBMISSION OF CERTAIN ENVIRONMENTAL REPORTS.

    (a) Water Quality Inventory.--Section 305(b) of the Federal Water 
Pollution Control Act (33 U.S.C. 1315(b)) is amended--
            (1) in paragraph (1), by striking ``Each'' and inserting 
        ``Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 
        1113 note; 109 Stat. 734), each''; and
            (2) in paragraph (2), by striking ``The'' and inserting 
        ``Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 
        1113 note; 109 Stat. 734), the''.
    (b) Clean Water Needs Survey.--Section 516 of the Federal Water 
Pollution Control Act (33 U.S.C. 1375) is amended by striking ``The'' 
and inserting ``Notwithstanding section 3003 of Public Law 104-66 (31 
U.S.C. 1113 note; 109 Stat. 734), the''.
    (c) Effective Date.--The amendments made by this section take 
effect on the earlier of--
            (1) the date of enactment of this Act; or
            (2) December 19, 1999.

            Passed the Senate March 27, 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 1730

_______________________________________________________________________

                                 AN ACT

   To amend the Federal Water Pollution Control Act to provide that 
   certain environmental reports shall continue to be required to be 
                               submitted.
```
<PAGE>

                                                                    EXHIBIT 31.2

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

I, Andrew J. Dennard, certify that:

1. I have reviewed this report on Form 10-K of Mexican Restaurants, 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 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 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 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 functions):

    (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.


March 26, 2004                           /s/ ANDREW J. DENNARD
                                        --------------------------
                                        By:  Andrew J. Dennard,
                                             Chief Financial Officer