alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

ERIKA D AU BENMIRE, Appellant,

v.

D.R. HORTON, INC.
, Appellee.

No. 4D 2 1

- 2637

[ October 13, 2022 ]

Appeal from the Circuit Court for the Nine teenth Judicial Circuit,

Indian River County ; Janet C. Croom , Judge; L.T. Case No. 31

- 2019

- CA

000632

.

Christopher M. Rotunda of Graves Thomas Rotunda Injury Law Group, Vero Beach, for appellant.

Crystal L. Arocha, G. Martina Lanfersiek and Michael J. Ly nott of Milber, Makris, Plousadis & Seiden, LLP, Miami, for appellee.

P ER C URIAM

.

Affirmed.

G ROSS

, D AMOORGIAN and F ORST

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
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 Sagamore Holdings, Inc. (the
"Company") on Form 10-QSB for the quarterly period ended October 2, 2005 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:    May ___, 2006                        By:      _______________________
                                                Name:    Daniel Shea
                                                Title:   Chief Executive Officer



      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 Sagamore
Holdings, Inc. and will be retained Sagamore Holdings, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.







                                       34
<PAGE>

                                   SIGNATURES

      In accordance with the requirements of the Exchange Act, the registrant
caused this report to be signed on its behalf by the undersigned, thereunto duly
authorized.

Date:    May ___, 2006               SAGAMORE HOLDINGS, INC.


                                        By:  ___________________________________
                                             Daniel Shea
                                             Chief Executive Officer,
                                             Acting Chief Financial Officer and
                                             Acting Principal Accounting Officer






                                       35
IN THE DISTRICT COURT OF APPEAL OF THE STATE O F FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME E XPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED S ANDRA HAPUARACHCHI , A ppellant ,
v. Case No. 5D 22

- 1402 LT Case No. 2021

- DR

- 000676 DON HAPUARACHCHI ,

Appellee

. ________________________________/ Decis ion f iled October 19 , 20 22 Appeal f rom t he Cir cuit C ourt for Flagler

C ounty , Christopher

A

. Franc e , J udge. Sandra Hapuarachchi, M iami Gardens, pro se

. William B

. W hite, Flagler B each, f or Appellee.

PER CURIAM. A FFIRMED.

E DWARDS , EISNAUGLE and HARRIS , JJ., conc ur.
Exhibit 32.2



Section 1350 Certification of Derek Palaschuk



SOHU.COM INC.



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 Sohu.com Inc. (the Company) on Form 10-K
for the period ending December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Derek Palaschuk, Senior Vice President and Chief Financial Officer of the Company, certify, pursuant to
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 of the Company as of December 31, 2003 and results of operations of the
Company for the year ended December 31, 2003.
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Derek Palaschuk



Derek Palaschuk, Senior Vice

President and Chief Financial Officer



March 2, 2004
EXHIBIT 32.2


CERTIFICATE 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 Superclick, Inc. (the "Company") on Form
10-KSB for the period ending  October 31, 2004 as filed with the  Securities and
Exchange  Commission  on the date hereof  (the  "Report"),  I, Todd M.  Pitcher,
Interim 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
respect, the financial condition and result of operations of the Company.

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


                                        /s/ Todd M. Pitcher
                                        -----------------------------------
                                        Interim Chief Financial Officer and
                                        Principal  Accounting  Officer

                                        Dated:  June 8, 2005
#### Solomon H. Shapiro, Plaintiff, *v.*Charles Punia et al., Defendants. Charles Punia et al., Defendants and Third-Party Plaintiffs, *v.*Louis Sunshine et al., Third-Party Defendants. (Action No. 1.) Samuel Trayman, Plaintiff, *v.*William Marx et al., Defendants. William Marx et al., Defendants and Third-Party Plaintiffs, *v.*Louis Sunshine et al., Third-Party Defendants. (Action No. 2.)

Supreme Court, Special Term, Bronx County,

June 6, 1956.

*Samuel O. Kuflik*for Samuel Trayman, plaintiff.

*Sylvan D. Freeman*for William Marx and others, defendants.

Matthew M. Levy, J.

Stenographer’s minutes of the trial are a “ reasonable and necessary” expense which may be included in the bill of costs, as provided in section 1518 of the *816Civil Practice Act, if they are intended to be used to prepare proposed amendments to a case on appeal and when the appellant fails to deliver a copy thereof to his adversary *(Pratt*v. *Clark,*124 App. Div. *248; Starkweather*v. *Sundstrom,*113 App. Div. 401). An *incidental*benefit for another purpose will not take it out of that classification *(Bremer*v. *Manhattan Ry. Co.,*51 Misc. 96, affd. 115 App. Div. 900; *Pratt*v. *Clark, supra).*But the purchase of stenographer’s minutes other than for the purpose of preparing amendments to the case on appeal is not a “ reasonable and necessary ” expense *(Long Is. Contr. & Supply Co.*v. *City of New York,*142 App. Div. 1; *Matter of Isaacs,*157 Misc. 127; cf. *Hessian Hills Country Club*v. *Home Ins. Co.,*239 App. Div. 205). Where minutes are obtained for a dual purpose, only that part of the expense will be allowed which is necessary for the case on appeal *(Pratt*v. *Clark, supra).*The respondents admit that their purpose in ordering the minutes was not solely to offer amendments on the appeal of their adversary, but also for their own use in preparing their own cases for appeal, on which it has been determined that they are not entitled to costs. Therefore, since the minutes were not actually and necessarily obtained for the purpose of making amendments, the cost of procuring the minutes is not a taxable disbursement *(Matter of Isaacs, supra; Miss Susan, Inc.,*v. *Enterprise & Century Undergarment Co.,*66 N. Y. S. 2d 266). Accordingly, the motion is granted.

In the peculiar circumstances of the record in this case it seems to me that there was some relevant part of the few pages of the transcript devoted to the discussion between counsel and the Trial Judge on the availability of the depositions sought (cf. *Starkweather*v. *Sundstrom, supra);*and if counsel desire to charge as a taxable disbursement the statutory expense thereof, they may do so (if not supplied by the adversary) by way of stipulation or by the service and submission of due proof upon the settlement of the order hereon.
Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 1 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 2 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 3 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 4 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 5 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 6 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 7 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 8 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 9 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 10 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 11 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 12 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 13 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 14 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 15 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 16 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 17 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 18 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 19 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 20 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 21 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 22 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 23 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 24 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 25 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 26 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 27 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 28 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 29 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 30 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 31 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 32 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 33 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 34 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 35 of 36

Case 2:18-cv-00377-SPL   Document 32-1   Filed 05/14/18   Page 36 of 36
Exhibit 31.2

CERTIFICATION

I, Mark G. Thompson, certify that:

1. I have reviewed this report on Form 10-Q of Spark Networks, 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 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.

5. The registrants other certifying officer 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.



|                                                        
|--------------------------------------------------------
|                                                        
|/s/ Mark G. Thompson                                    
|Mark G. Thompson Chief Financial Officer
August 10, 2007
No. 80-215 IN THE SUPREME COURT OF THE STATE OF MONTANA

THE STATE OF MONTANA, 

### ex rel., DAVID ERROL RASMUSSEN, a/k/a DAVID ERROL HENSRUD, Relator,

THE DISTRICT COURT OF THE EIGHTEENTH JUDICIAL DISTRICT, GALLATIN COUNTY, HON. JOSEPH B. GARY, DISTRICT JUDGE, Respondent.

ORIGINAL PROCEEDING: For Relator: A. Michael Salvagni, Bozeman, Montana For Respondent: Donald E. White, County Attorney, Bozeman, Montana

Submitted

### on briefs: August 8, 1980 Decided:

### AbG

## 2

## 5 1980 Filed:Mr. Justice Gene B. Daly delivered the Opinion of the Court. Relator has filed an application for a 

### writof supervisory control to review and reverse the DistrictCourt's denial of his motion todismiss Count 11 of an information charging him with assault, a misdemeanor, inviolation of section 45-5-201 

### (1) (a),MCA. Count I of the information charges burglary, a felony, inviolation of section 45-6- 204(I), MCA. The two charges inthe information indicate that relator entered the apartment of Robin Lessley inBozeman, Montana, for the purpose of ransacking it, and while in the apartment, he hitRobin Lessley inthe face three times with his hand. Relator contends the District Court has no jurisdiction to try him for 

### a misdemeanor, simple assault. The State contends that the DistrictCourt has jurisdiction to try a felony and a misdemeanor together where the two areconnected together intheir commission. The question inthis case, therefore, 

### iswhether the District Court has jurisdiction to try relator for simple assault, a misdemeanor. Jurisdiction of the District and Justice Courts over criminal matters depends on the maximum sentence that can be imposed for committing the 

### crime. Under section 3-5-302(1), MCA, the DistrictCourt 

### is given original jurisdiction in allfelony criminal cases and "all cases of misdemeanor not otherwise provided for." The Justice Court, on the other hand, is given criminal jurisdiction of allmisdemeanors punishable by a fine not exceeding $500 or imprisonment not exceeding sixmonths or both. Section 3-10-303(1), MCA. The maximum sentence for a person convicted of assault is a fine not exceeding $500 or imprisonment not exceeding six months or both. Section 45-5-201 

### (2)

## , MCA.Under section 46-11-404(1), MCA, "[aln

# .. . information

# . .

# . may charge two ormore different offenses connected together intheir commission." This section 

### isnot a grant of jurisdiction but simply a permissive joinder statute for offenses within the jurisdiction of a given court. It 

### is provided thatjurisdiction formisdemeanor assault lieswith the Justice Court. We, therefore, reverse the DistrictCourt's denial of dismissal 

### of Count 

### I1 and remand to the District Court for further proceedings on Count I. 

# J/ Jus 

### Ice

Weconcur:

Z-~QPG~ Chief Justice
**Exhibit 32**

# * *

**SECTION 906CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER ANDCHIEF FINANCIAL OFFICER OFBOISE CASCADE COMPANY**

 

**We are providing thisCertificate pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,18 U.S.C., Section 1350. It accompanies Boise Cascade Company’squarterly report on Form 10-Q for the quarter ended September 30,2005.**

 

**I, W. Thomas Stephens, BoiseCascade Company’s chief executive officer, certify that:**

 

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

 

(ii)                                  the informationcontained in the Form 10-Q fairly presents, in all material respects,Boise Cascade Company’s financial condition and results of operations.

 
|         |                                              |
|--------------|---------------------------------------------------|
|         | /s/ W. Thomas Stephens                       |   |
| *** *** | ***W. Thomas Stephens  Chief Executive Officer*** |

 

 

I, Thomas E. Carlile, Boise Cascade Company’schief financial officer, certify that:

 

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

 

(ii)                                  the informationcontained in the Form 10-Q fairly presents, in all material respects,Boise Cascade Company’s financial condition and results of operations.

 
|                                     |                                           |
|------------------------------------------|------------------------------------------------|
|                                     | /s/ Thomas E. Carlile                     |   |
| *** ***                             | ***Thomas E. Carlile***Chief Financial Officer |
| ***Dated:  November 3, 2005*** | *** ***                                   |

 

 

**Asigned original of this written statement required by Section 906 will beretained by Boise Cascade Company and furnished to the Securities and ExchangeCommission or its staff upon request.**

 

1

----
EXHIBIT 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER OF

UNIVERSAL CITY FLORIDA HOLDING CO. I

PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the quarterly report of Universal City Florida Holding Co. I (the Company) on Form 10-Q for the period ending October 1, 2006 filed with the Securities and Exchange Commission on
the date hereof (the Report), I, Michael J. Short, 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:



| | (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Dated: November 14, 2006



By:

/S/ MICHAEL J. SHORTMichael J. ShortPrincipal Financial Officer
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, Douglas G. Bergeron, Chief Executive Officer, and I, Robert Dykes, Chief Financial Officer each
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the report of VeriFone Holdings, Inc. (the Company) on Form 10-Q for the quarterly period ended
January 31, 2009 (the Report), 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 Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.



By:

/s/    DOUGLAS G.
BERGERONDouglas G. BergeronChief Executive OfficerBy:

/s/    ROBERT
DYKESRobert DykesSenior Vice President and Chief Financial Officer


Date: March 6, 2009

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.
Case 2:17-cr-01422-JJT Document 1 Filed 09/20/17 Page 1 of 4
Case 2:17-cr-01422-JJT Document 1 Filed 09/20/17 Page 2 of 4
Case 2:17-cr-01422-JJT Document 1 Filed 09/20/17 Page 3 of 4
Case 2:17-cr-01422-JJT Document 1 Filed 09/20/17 Page 4 of 4
Case 2:17-mj-09505-ESW Document 1 Filed 11/01/17 Page 1 of 7
Case 2:17-mj-09505-ESW Document 1 Filed 11/01/17 Page 2 of 7
Case 2:17-mj-09505-ESW Document 1 Filed 11/01/17 Page 3 of 7
Case 2:17-mj-09505-ESW Document 1 Filed 11/01/17 Page 4 of 7
Case 2:17-mj-09505-ESW Document 1 Filed 11/01/17 Page 5 of 7
Case 2:17-mj-09505-ESW Document 1 Filed 11/01/17 Page 6 of 7
Case 2:17-mj-09505-ESW Document 1 Filed 11/01/17 Page 7 of 7
<PAGE>

                                                                    EXHIBIT 10.6

                 Amendment to 2000 Employee Stock Purchase Plan
             Adopted by the Board of Directors on November 14, 2000


     RESOLVED: That the second paragraph of Section 3 of the 2000 Employee Stock
Purchase Plan is hereby amended to read in full as follows: "To the extent
permitted by applicable laws, if the Fair Market Value of a share of Common
Stock on the first day of any Purchase Period (the "First Day") within an
Offering Period is lower than the Fair Market Value of a share of Common Stock
on the Enrollment Date of such Offering Period, then all Participants in such
Offering Period shall be automatically withdrawn from such Offering Period
immediately and shall be automatically re-enrolled in the Offering Period which
commences on such First Day."