alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DAVID A. FETTNER

COURT-APPOINTED RECEIVER

6700 Sands Point Drive Houston, Texas 77074 

Tel: (713) 626-7277 Fax: (888) 876-2292

May 14, 2015

Christopher A. Prine

First Court of Appeals

301 Fannin Street

Houston, Texas 77002-2066 Via E-File

RE: Cause No.: 01-14-00743-CV; Julie Fischer v. Sam Ramsey, Nancy Ramsey, Kurt Ronacher

and Melissa Ronacher; In the 1st Court of Appeals of Texas. 

Dear Mr. Prine:

Regarding the above-entitled and numbered cause and to put the Court on notice, attached

please find an Order of Dismissal signed by Judge Paul, dismissing Debtor, Julie Fischer’s,

bankruptcy proceeding in the below listed cause: 

Case No.: 15-31572-H3-13; In re Julie Fischer, Debtor; In the United States Bankruptcy

Court for the Southern District of Texas, Houston Division. 

Upon receipt of this letter, please take the actions necessary to return the appellate case to

an active status.

Should you have any questions, please feel free to contact me. Thank you. 

Sincerely,

/s/ David A. Fettner

David A. Fettner

Court-Appointed Receiver

Appellee

Attachment

cc: William K. Vaughn Via E-Service

and/or Via Facsimile: (713) 568-2732

and/or Via First Class Mail

ACCEPTED

01-14-00743-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

5/14/2015 10:00:22 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 5/14/2015 10:00:22 AM CHRISTOPHER A. PRINE Clerk
Letter to First Court of Appeals

May 14, 2015

Page 2

Clerk of the 234

th

Judicial District Court Via E-File

of Harris County, Texas

Marc Ellison Via E-Service

TOTZ ELLISON & TOTZ, P.C. and/or Via Facsimile: (713) 275-0308

2211 Norfolk St., Suite 510 and/or Via First Class Mail

Houston, Texas 77098

John Fischer Via First Class Mail

13419 Balcrest Drive

Houston, Texas 77070 

DAF/cgg

N:\Matters\Active\Fischer(D)-Ramsey-Rec (1481)\Julie Fischer v. Ramsey, et al. (COA)\Corr\Clerk, fw Order of Dismissal 0513 15 200.wpd
**Exhibit 23**

 

**Independent Auditors’ Consent**

 

The Board of Directors 

Pinnacle Bankshares Corporation: 

 

We consent to the incorporation by reference in Registration Statement No. 333-63361 on FormS-8 and Registration Statement No. 333-69321 on Form S-3 of Pinnacle Bankshares Corporation of our report dated January 23, 2004, with respect to the consolidated balance sheets of Pinnacle Bankshares Corporation and subsidiary as of December 31,2003 and 2002, and the related consolidated statements of income, changes in stockholders’ equity and comprehensive income, and cash flows for the years then ended, which report is incorporated by reference in the December 31, 2003 AnnualReport on Form 10-KSB of Pinnacle Bankshares Corporation. 

 

/s/KPMG LLP 

 

Roanoke, Virginia 

 

March 16, 2004
<PAGE>


                                                                   Exhibit 10.8

                              EMPLOYMENT AGREEMENT


         This Employment Agreement is made this 18th day of December, 2000 by
and between Great Plains Ethanol, LLC, a South Dakota limited liability company
("Great Plains") and Brian Minish (the "Employee"):

         1. EMPLOYMENT. Great Plains employs Employee as its full-time Chief
Executive Officer and Chief Financial Officer and the Employee accepts such
employment, commencing on December 1, 2000 upon the terms and conditions of this
Agreement.

         2. DUTIES AND SUPERVISION. Employee shall devote his full-time best
efforts to performing his duties, as described in Great Plains' Operating
Agreement, as Chief Executive Officer and Chief Financial Officer and shall
report to Great Plains' Board of Managers (the "Board").

         3. COMPENSATION. In consideration of the services rendered by Employee
under this Agreement, Great Plains shall pay Employee a monthly salary of
$3,000.00, shall be payable on the first day of the month, beginning in
December. If the first day of the month falls on a Saturday, Sunday or holiday,
Employee shall be paid on the following business day.

         4. BENEFITS. Great Plains does not now provide Employee with health,
dental, life, disability or other benefits but Employee shall be entitled to
participate in all benefit plans adopted by the Board.

         5. EXPENSES. Great Plains's Board shall have the authority to review
Employee's reimbursement requests. Any mileage reimbursements shall be at the
then current rate set by the IRS.

         6. TERMINATION. Employment shall be at will. Employee and Great Plains
shall give each to the other no less than sixty (60) days prior notice of
termination.

         7. JURISDICTION. This Agreement has been executed in South Dakota and
shall be governed by the laws of the State of South Dakota. The parties consent
to the jurisdiction of the courts of the State of South Dakota and agree that
any action arising out of or to enforce this Agreement must be brought and
maintained in South Dakota.


<PAGE>

                                      -2-

                                         GREAT PLAINS ETHANOL, LLC



                                         By   /s/ Darrin Ihnen
                                             -----------------------------------
                                             President of the Board of Managers


                                              /s/ Brian Minish
                                             -----------------------------------
                                             Brian Minish
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 Radiologix, Inc. (the Company) on
Form 10-K, as amended, for the year ended December 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael N. Murdock, Senior Vice President and Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge 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,
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.



|                                                                    
|--------------------------------------------------------------------
|/s/ Michael N. Murdock                                              
|Michael N. Murdock Senior Vice President and Chief
Financial Officer

Dated: September 26, 2006

A signed original of this written statement required by Section 906 has been provided to Radiologix, Inc. and will be retained by Radiologix, Inc. and furnished to
the Securities and Exchange Commission or its staff upon request.
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.                  

###### Small Business Administration

          - [Disaster Declaration #12161 and #12162]

# AGENCY:

Small Business Administration.

# ACTION:

Amendment 2.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Tennessee (FEMA-1909-DR), dated 05/04/2010.

*Incident:*                         Severe Storms, Flooding, Straight-Line Winds and Tornadoes.                    

*Incident Period:*                         04/30/2010 and continuing.                    

*Effective Date:*                         05/06/2010.                    

*Physical Loan Application Deadline Date:*                         07/06/2010.                    

*Economic Injury (EIDL) Loan Application Deadline Date:*                         02/04/2011.                    

# ADDRESSES:

Submit completed loan applications to: Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road,  Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of Tennessee, dated 05/04/2010, is hereby amended to include the following areas as adversely affected by the disaster.

*Primary Counties:*                     Carroll, Crockett, Decatur, Fayette, Gibson, Hardeman, Haywood, Henderson, Houston, Madison, Obion.                

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

James E. Rivera, 

Associate Administrator for Disaster Assistance.

[FR Doc. 2010-11410 Filed 5-12-10; 8:45 am]

BILLING CODE 8025-01-P
J. 

the ineffective assistance of appellate counsel. Because the district court 

order does not resolve all claims raised below, it is not a final order, and 

we lack jurisdiction. 1Therefore, we 

ORDER this appeal DISMISSED. 

Hardesty 

cc: Hon. Scott N. Freeman, District Judge 

Karla K. Butko 

Attorney General/Carson City 

Washoe County District Attorney 

Washoe District Court Clerk 

1We also note that although the district court orders disposed of the 

remaining claims either specifically or through implication, several of 

these dispositions are not properly supported by factual findings. See 

NRS 34.830(1). Specifically, the orders do not contain sufficient factual 

findings supporting denial of appellant's claims that counsel was 

ineffective for encouraging the court to consider inadmissible evidence at 

sentencing and failing to (1) move to withdraw the guilty plea as 

requested, (2) object to prosecutorial misconduct during sentencing, (3) 

correct factual errors in the presentence investigation report, and (4) 

investigate prior to the plea. 

SUPREME COURT 

OF 

NEVADA 

(0) 1947A 

2
#### HEGAAS, Appellant, *v.*HEGAAS, Respondent.

(No. 1,587.)

(Submitted May 26, 1903.

Decided June 1, 1903.)

*Betting Aside Default Judgment*— Discretion *of Tidal*Court— *Appeal*— Review.

Since, under Code of Civil Procedure, Section 774, applications to set aside default judgments are addressed to the discretion of the trial court, its action thereon will not be interfered with unless a manifest abuse of discretion is shown.

*Appeal from District*Court, *Missoula County; F. II.*Woody, *Judge.*

Action by Hans H. - IIegaas against Emana Hegaas. Erom an order setting aside a default and judgment, and permitting defendant to appear and defend, plaintiff appeals.

Affirmed.

*Messrs. Marshall &*Stiff, for Appellant.

*267ME. CHIEF JUSTICE BEANTLY

delivered the opinion of tbe court.

Appeal from an order setting aside a default and judgment, entered upon tbe failure of tbe defendant to appear and make defense. Tbe service of summons was constructive, tbe defendant being a resident of tbe state of Washington at tbe time tbe action was brought. Tbe application was made upon affidavits tending to show that tbe default and judgment were entered against tbe defendant through her excusable neglect in failing to interpose her defense within tbe time allowed by tbe statute. Under Section 774 of the Code of Civil Procedure such applications are addressed to' tbe discretion of tbe district court, and, in tbe absence of a manifest abuse of such discretion, this court will not interfere. We have examined tbe affidavits filed by tbe defendant in support of her motion, and we are not able to say that tbe district court manifestly abused tbe discretion lodged in it by tbe statute. Tbe order complained of is affirmed.

*Affirmed.*
Order entered April 19, 2018

In The



## Court of Appeals

Fifth District of Texas at Dallas

No. 05

- 17

- 01311

- CR

JAMES TYRIE BEATS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law

Rockwall County, Texas

Trial Court Cause No. CR14

- 1576



### O RDER

Before the Court is the State’s April 17, 2018 motion to abate the appeal. We DENY the

motion.

/s/ CRAIG STODDART

JUSTICE
II

106TH CONGRESS

2D SESSION S. 2117

To amend title 9, United States Code, with respect to consumer credit

transactions.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 29, 2000

Mr. FEINGOLD (for himself and Mr. LEAHY) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

A BILL

To amend title 9, United States Code, with respect to

consumer credit transactions.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Consumer Credit Fair

5 Dispute Resolution Act of 2000’’.

6 SEC. 2. CONSUMER CREDIT TRANSACTIONS.

7 (a) DEFINITION.—Section 1 of title 9, United States

8 Code, is amended—

9 (1) in the section heading, by striking ‘‘and

10 ‘commerce’ defined’’ and inserting ‘‘, ‘com-
2

•S 2117 IS

1 merce’, ‘consumer credit transaction’, and

2 ‘consumer credit contract’ defined’’; and

3 (2) by inserting before the period at the end the

4 following: ‘‘; ‘consumer credit transaction’, as herein

5 defined, means the right granted to a natural person

6 to incur debt and defer its payment, where the credit

7 is intended primarily for personal, family, or house8 hold purposes; and ‘consumer credit contract’, as

9 herein defined, means any contract between the par10 ties to a consumer credit transaction.’’.

11 (b) AGREEMENTS TO ARBITRATE.—Section 2 of title

12 9, United States Code, is amended by adding at the end

13 the following: ‘‘Notwithstanding the preceding sentence, a

14 written provision in any consumer credit contract evidenc15 ing a transaction involving commerce to settle by arbitra16 tion a controversy thereafter arising out of the contract,

17 or the refusal to perform the whole or any part thereof,

18 shall not be valid or enforceable. Nothing in this section

19 shall prohibit the enforcement of any written agreement

20 to settle by arbitration a controversy arising out of a con21 sumer credit contract, if such written agreement has been

22 entered into by the parties to the consumer credit contract

23 after the controversy has arisen.’’.

Æ
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET OF HOOPER HOLMES, INC. AND SUBSIDIARIES AS OF MARCH
31, 1999 AND THE RELATED CONSOLIDATED STATEMENTS OF INCOME AND CASH FLOWS FOR
THE PERIOD ENDED MARCH 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                      30,762,678
<SECURITIES>                                         0
<RECEIVABLES>                               23,477,345
<ALLOWANCES>                                 1,088,716
<INVENTORY>                                          0
<CURRENT-ASSETS>                            60,898,237
<PP&E>                                      23,095,563
<DEPRECIATION>                              14,621,821
<TOTAL-ASSETS>                              92,422,803
<CURRENT-LIABILITIES>                       20,645,546
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,146,265
<OTHER-SE>                                  67,935,940
<TOTAL-LIABILITY-AND-EQUITY>                92,422,803
<SALES>                                     52,939,420
<TOTAL-REVENUES>                            52,939,420
<CGS>                                       35,890,332
<TOTAL-COSTS>                               35,890,332
<OTHER-EXPENSES>                             8,570,415
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               9,528
<INCOME-PRETAX>                              8,677,808
<INCOME-TAX>                                 3,927,000
<INCOME-CONTINUING>                          4,750,808
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 4,750,808
<EPS-PRIMARY>                                      .17
<EPS-DILUTED>                                      .16
        

</TABLE>
NOTE: This order is nonprecedential.

Wniteb ~tate~ (!Court of ~eaI~

for !be jfeberaI (!Circuit

IN RE PRINCETON DIGITAL IMAGE

CORPORATION,

Petitioner.

Miscellaneous Docket No. 136

On Petition for Writ of Mandamus to the United States

District Court for the Eastern District of Texas in case no.

11-CV-0039, Judge James Rodney Gilstrap.

ON MOTION

ORDER

Upon consideration of Princeton Digital Image Corporation's unopposed motion to withdraw Timothy N. Trop

as counsel,

IT Is ORDERED THAT:

The motion is granted.

Case: 12-136 Document: 12 Page: 1 Filed: 11/26/2012
IN RE PRINCETON DIGITAL IMAGE

s19

FOR THE COURT

/s/ Jan Horbaly

Jan Horbaly

Clerk

2

Case: 12-136 Document: 12 Page: 2 Filed: 11/26/2012
[Federal Register Volume 75, Number 91 (Wednesday, May 12, 2010)]
[Notices]
[Pages 26814-26815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11201]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i> 12157 and <greek-i> 12158]


Alabama Disaster <greek-i>AL-00031

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a Notice of the Presidential declaration of a major 
disaster for Public Assistance Only for the State of Alabama (FEMA-
1908-DR), dated 05/03/2010.
    Incident: Severe Storms, Tornadoes, Straight-line Winds, and 
Flooding.
    Incident Period: 04/24/2010 through 04/25/2010.
    Effective Date: 05/03/2010.
    Physical Loan Application Deadline Date: 07/02/2010.
    Economic Injury (EIDL) Loan Application Deadline Date: 02/03/2011.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the President's major disaster declaration on 05/03/2010, Private Non-
Profit organizations that provide essential services of governmental 
nature may file disaster loan applications at the address listed above 
or other locally announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:
Primary Counties: De Kalb, Marshall

    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
  Non-Profit Organizations With Credit Available Elsewhere...      3.625
  Non-Profit Organizations Without Credit Available Elsewhere      3.000
For Economic Injury:
  Non-Profit Organizations Without Credit Available Elsewhere      3.000
------------------------------------------------------------------------


[[Page 26815]]

    The number assigned to this disaster for physical damage is 12157C 
and for economic injury is 12158C.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

Joseph P. Loddo,
Acting Associate Administrator for Disaster Assistance.
[FR Doc. 2010-11201 Filed 5-11-10; 8:45 am]
BILLING CODE 8025-01-P
Third District Court of Appeal

State of Florida

Opinion filed June 14, 2017.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D17-636

Lower Tribunal No. 13-19836

________________

Kidde Fire Trainers, Inc., a New Jersey Corporation,

Petitioner,

vs.

Kevin Eddie McCrea, Chaunte T. McCrea, his wife, and Terry

Maley,

Respondents.

On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade

County, Samantha Ruiz-Cohen, Judge.

Shapiro, Blasi, Wasserman & Hermann, P.A., and Stuart A. Weinstein

(Boca Raton), for petitioner and respondent Terry Maley.

Ross & Girten, and Lauri Waldman Ross and Theresa L. Girten; Dolan,

Dobrinsky & Rosenblum, LLP, and Daniel D. Dolan, II and Eric Bluestein, for

respondents Kevin Eddie McCrea and Chaunte T. McCrea.

Before ROTHENBERG, LOGUE, and LUCK, JJ.

ROTHENBERG, J.
The primary issue we must address in reviewing this petition for writ of

certiorari filed by the defendant below, Kidde Fire Trainers, Inc. (“Kidde Fire”), is

whether the trial court departed from the essential requirements of law by imposing

a particular sanction—the waiver of Kidde Fire’s work-product privilege as to

numerous e-mails pertaining to Kidde Fire’s investigation and actions following an

incident involving plaintiff Kevin Eddie McCrea—based on Kidde Fire’s, not

counsel’s, serious and intentional discovery violations relating to the e-mails.1 As

there is competent substantial evidence to support the trial court’s finding that the

discovery violations were intentional and because the sanction imposed by the trial

court was well within its discretion, we find no departure from the essential

requirements of law. See Ham v. Dunmire, 891 So. 2d 492, 495 (Fla. 2004) (“It is

well settled that determining sanctions for discovery violations is committed to the

discretion of the trial court, and will not be disturbed . . . absent an abuse of the

sound exercise of that discretion.”); Toll v. Korge, 127 So. 3d 883, 886-87 (Fla. 3d

DCA 2013) (holding that a trial court’s determination of sanctions is committed to

1 A party seeking certiorari relief must demonstrate that the trial court’s order

“depart[s] from the essential requirements of law, resulting in irreparable harm that

cannot be adequately remedied on final appeal.” Millennium Diagnostic Imaging

Ctr., Inc. v. State Farm Mut. Auto. Ins. Co., 129 So. 3d 1086, 1089 (Fla. 3d DCA

2013). The last two elements are often referred to as irreparable harm, see

Stockinger v. Zeilberger, 152 So. 3d 71, 73 (Fla. 3d DCA 2014), and “[t]he

establishment of irreparable harm is a condition precedent to invoking certiorari

jurisdiction.” Id. Kidde Fire has established the jurisdictional prerequisites to

certiorari relief.

2
the trial court’s discretion). We, therefore, deny Kidde Fire’s petition for writ of

certiorari.

Denied.

3