alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Third District Court of Appeal

State of Florida

Opinion filed February 15, 2017.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D16-928

Lower Tribunal No. 15-24559

________________



### Eagle Arts Academy, Inc.

,

Appellant,

vs.



### Tri-City Electric Co., Inc.

,

Appellee.

An appeal from a non-final order from the Circuit Court for Miami-Dade

County, Jose M. Rodriguez

, Judge.

Weiss, Handler & Cornwell, P.A. and William J. Cornwell and Seth A.

Kolton (Boca Raton), for appellant.

Elder & Lewis, P.A. and Kerry H. Lewis and David B. Williams, for

appellee.

Before SUAREZ, C.J., and LAGOA and SALTER, JJ.

SUAREZ, C.J.Eagle Arts Academy [“EAA”] appeals from a non-final order summarily

denying its motion to dismiss the complaint against it by Tri-County Electric

Company, Inc. We dismiss the appeal for lack of jurisdiction.

Although Florida Rule of Appellate Procedure 9.130(a)(3)(C)(xi) 1

authorizes appeals of non-final orders that determine, as a matter of law

, that a

party is not entitled to sovereign immunity, the order on appeal makes no explicit

or implicit finding as a matter of law that EAA is not entitled to sovereign

immunity. Compare Hastings v. Demming

, 694 So. 2d 718 (Fla. 1997) (holding

that a final order denying summary judgment on a claim of workers’ compensation

immunity is not appealable unless the trial court order specifically states that, as a

matter of law, such a defense is not available to a party); Taival v. Barrett

, 2016

WL 3866113 (Fla. 5th DCA July 2015) (“[A]n order that simply denies the

defendant’s motion [for summary judgment], but does not determine as a matter of

law that summary judgment is improper, is not appealable.”). The order

summarily denying the motion to dismiss and requiring the defendant EAA to

answer is simply and correctly the trial court’s determination that based on the four

corners of the Complaint the matter may move forward on the allegations. See

Lewis v. Barnett Bank of S. Fla., N.A.

, 604 So. 2d 937, 938 (Fla. 3d DCA 1992)

(holding that on a motion to dismiss, the trial court is necessarily confined to the

well-pled facts alleged in the four corners of the complaint is not authorized to

1 In re Amendments to Florida Rule of Appellate Procedure 9.130

, 151 So. 3d 1217

(Fla. 2014).

2consider any other facts); Barbado v. Green & Murphy, P.A.

, 758 So. 2d 1173,

1174 (Fla. 4th DCA 2000) (holding a motion to dismiss tests the legal sufficiency

of the complaint and a court may not go beyond the four corners of the complaint

in considering the legal sufficiency of the allegations).

Dismissed.

3
EXHIBIT
32.2





CERTIFICATION
PURSUANT TO 18 USC, SECTION 1350,


AS
ADOPTED PURSUANT TO SECTION 906


OF
THE SARBANES-OXLEY ACT OF 2002








In connection with the Quarterly Report
of YaFarm Technologies, Inc. (the “Company”) on Form 10-Q for the quarter ended
March 31, 2008, as filed with the Securities and Exchange Commission on or about
the date hereof (the “Report”), I, Hong Zhao, Chief Financial Officer of the
Company, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec.
906 of the Sarbanes-Oxley Act of 2002, that:





(1)           The
Report fully complies with the requirements of Sections 13(a) or 15(d) of the
Securities Exchange Act of 1934; and





(2)           Information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.








Dated:  May
      20, 2008
            /s/
      Hong ZhaoBy:  Hong
      ZhaoIts:  Chief
      Financial Officer








A signed
original of this written statement required by Section 906 has been provided to
YaFarm Technologies, Inc. and will be retained by YaFarm Technologies, Inc. and
furnished to the Securities and Exchange Commission or its staff upon
request.
#### STATE of Missouri, Respondent, v. Calvin ROBERSON, Appellant.

No. 68493.

Missouri Court of Appeals, Eastern District, Division Three.

April 2, 1996.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 6,1996.

Application to Transfer Denied June 25,1996.

Jack F. Allen, Clayton, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Joanne E. Joiner, Assistant Attorney General, Jefferson City, for respondent.

Before SMITH, P.J., and GARY M. GAERTNER and RHODES RUSSELL, JJ.

*MEMORANDUM DECISION*

PER CURIAM.

Defendant appeals from his judgment of conviction of two counts of robbery in the first degree and two counts of armed criminal action, for the armed robbery of a Burger King on May 19, 1994, and of Magna Bank on May 20, 1994. No jurisprudential purpose would be served by a written opinion. The parties have been furnished with a statement of the reasons for the court’s decision. Judgments affirmed. Rule 30.25(b).
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4083 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 4083

To extend certain programs under the Energy Policy and Conservation Act 
                      through September 30, 1997.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 17, 1996

 Mr. Schaefer introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL

 
To extend certain programs under the Energy Policy and Conservation Act 
                      through September 30, 1997.

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

SECTION 1. ENERGY POLICY AND CONSERVATION ACT AMENDMENTS.

    The Energy Policy and Conservation Act is amended--
            (1) by amending section 166 (42 U.S.C. 6246) to read as 
        follows:

                   ``authorization of appropriations

    ``Sec. 166. There are authorized to be appropriated for fiscal year 
1997 such sums as may be necessary to implement this part.'';
            (2) in section 181 (42 U.S.C. 6251) by striking ``June 30, 
        1996'' both places it appears and inserting in lieu thereof 
        ``September 30, 1997'';
            (3) by adding at the end of section 256(h) (42 U.S.C. 
        6276(h)) ``There are authorized to be appropriated for fiscal 
        year 1997 such sums as may be necessary to carry out this 
        part.''; and
            (4) in section 281 (42 U.S.C. 6285) by striking ``June 30, 
        1996'' both places it appears and inserting in lieu thereof 
        ``September 30, 1997''.
                                 <all>
```
<page>			            EXHIBIT 32.02


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 Morgan Stanley Charter
MSFCM L.P. (the ?Partnership?) on Form 10-K for the period ended
December 31, 2005 as filed with the Securities and Exchange
Commission on the date hereof (the ?Report?), I, Kevin Perry, Chief
Financial Officer, Demeter Management Corporation, the general
partner of the Partnership, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that, to the best of 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 Partnership.








By:	  /s/	Kevin Perry

Name:		Kevin Perry
Title:	Chief Financial Officer

Date:		March 31, 2006
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF SEL-DRUM INTERNATIONAL, INC., FOR THIS TWELVE MONTH
PERIOD ENDED JULY 31, 1999, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUL-31-1999
<PERIOD-START>                             AUG-01-1998
<PERIOD-END>                               JUL-31-1999
<CASH>                                         202,965
<SECURITIES>                                         0
<RECEIVABLES>                                1,977,050
<ALLOWANCES>                                   100,000
<INVENTORY>                                  3,007,597
<CURRENT-ASSETS>                             5,276,349
<PP&E>                                       1,495,199
<DEPRECIATION>                                 930,822
<TOTAL-ASSETS>                               5,877,547
<CURRENT-LIABILITIES>                          757,867
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  4,499,805
<COMMON>                                        76,425
<OTHER-SE>                                     543,450
<TOTAL-LIABILITY-AND-EQUITY>                 5,877,547
<SALES>                                     14,631,235
<TOTAL-REVENUES>                            14,631,235
<CGS>                                       10,555,266
<TOTAL-COSTS>                               10,555,266
<OTHER-EXPENSES>                             3,305,529
<LOSS-PROVISION>                               130,326
<INTEREST-EXPENSE>                              52,381
<INCOME-PRETAX>                                576,027
<INCOME-TAX>                                   231,886
<INCOME-CONTINUING>                            344,141
<DISCONTINUED>                               (394,006)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (49,865)
<EPS-BASIC>                                      (.01)
<EPS-DILUTED>                                    (.01)


</TABLE>
I

104TH CONGRESS

2D SESSION H. R. 4178

To establish peer review for the review of standards promulgated under

the Occupational Safety and Health Act of 1970.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 25, 1996

Mr. MCINNIS introduced the following bill; which was referred to the

Committee on Economic and Educational Opportunities

A BILL

To establish peer review for the review of standards promulgated under the Occupational Safety and Health Act

of 1970.

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 ‘‘Sound Scientific Prac5 tices Act’’.

6 SEC. 2. PEER REVIEW.

7 (a) IN GENERAL.—Whenever the Secretary of Labor

8 determines that a standard should be promulgated under

9 section 6 of the Occupational Safety and Health Act of
2

•HR 4178 IH

1 1970 in order to serve the objectives of such Act, the Sec2 retary shall appoint a panel of individuals to review—

3 (1) the scientific and economic data which

4 forms the basis for such standard, and

5 (2) the relevance of the data to industries and

6 workers which would be affected by such standard.

7 (b) PANEL.—

8 (1) IN GENERAL.—A panel appointed under

9 subsection (a) for a standard shall be broadly rep10 resentative and balanced and shall include persons

11 with expertise in scientific and economic analysis

12 and persons with expertise relevant to any industry

13 which would be subject to such standard.

14 (2) CONFLICTS OF INTEREST.—Persons with

15 substantial and relevant expertise shall not be ex16 cluded from a panel merely because they represent

17 entities which may have potential interest in a

18 standard under consideration if that interest is fully

19 disclosed to the Secretary. In the case of a panel

20 considering a standard affecting a single entity, no

21 peer reviewer representing such entity may be in22 cluded on such panel.

23 (c) REPORTS.—Reports of a panel appointed under

24 subsection (a) for a standard, including any individual and

25 minority reports, shall be published together with any pro-
3

•HR 4178 IH

1 posed or final rule promulgating such standard. The Sec2 retary shall provide a written response to all significant

3 comments of the panel and shall include such responses

4 with the proposed or final rule to which the reports of

5 the panel members are attached.

Æ
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4317 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 4317

 Relating to disposal of contaminated dredged materials in the Port of 
                          New York-New Jersey.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 1996

 Mr. Pallone introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
 Relating to disposal of contaminated dredged materials in the Port of 
                          New York-New Jersey.

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

SECTION 1. CONSTRUCTION OF SUBAQUEOUS BORROW PITS.

    The Secretary of the Army shall construct subaqueous borrow pits in 
Newark Bay, Port of New York-New Jersey, for the purpose of disposing 
of dredged materials from the Port that are not eligible for open water 
disposal.

SEC. 2. SELECTION OF SEDIMENT DECONTAMINATION METHOD.

    The Secretary of the Army shall expedite the selection of a method 
for sediment decontamination for purposes of long-term disposal of 
sediments dredged from the Port of New York-New Jersey.

SEC. 3. PROHIBITION ON CONSTRUCTION OF CERTAIN SEDIMENT CONTAINMENT 
              ISLANDS.

    The Secretary of the Army may not construct sediment containment 
islands in the Port of New York-New Jersey if such construction would 
result in the loss of shellfish or other fisheries habitat.

SEC. 4. LIMITATION ON DESIGNATION OF UPLAND DISPOSAL SITES.

    If the Secretary of the Army determines that upland disposal of 
dredged material is necessary in the Port of New York-New Jersey, the 
site of such disposal shall be designated within close proximity of the 
actual dredging site.
                                 <all>
```
CLERK OF THE SUPREME COURT 

ELIZABETHI A. BROWN 

BY: 

IN THE SUPREME COURT OF THE STATE OF NEVADA 

JAY KVAM, 

Appellant, 

vs. 

BRIAN MINEAU; AND LEGION 

INVESTMENTS, LLC, 

Res ondents. 

No. 85128 

FILED 

SEP 0 / 2022 

Laesi .TH A. BROWN 

RK 0 SUPREME COURT 

BY 

ORDER DISMISSING APPEAL 

f)EP TY CLERK 

Appellant's unopposed motion for a voluntary dismissal of this 

appeal is granted. This appeal is dismissed. NRAP 42(b). 

It is so ORDERED. 

cc: Hon. Lynne K. Simons, District Judge 

Madelyn Shipman, Settlement Judge 

Matuska Law Offices, Ltd. 

Gunderson Law Firm 

Washoe District Court Clerk 

SUPREME COURT 

OF 

NEVADA 

CLERK'S ORDER 

1 ,.147
EXHIBIT 32.1





STATEMENT OF MANAGING DIRECTOR
 PURSUANT TO SECTION 1350 OF TITLE 18 OF THE UNITED STATES CODE


Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned, Alan Schaffner, Managing Director of Biofuels Power Corporation (the “Company”), hereby certifies that:
 
 The Company’s Form 10-Q Report for the three months ended March  31, 2012 (the “Report”) fully complies with the requirements of Section 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 results of operations of the Company.
 
 
 /s/ Alan Schaffner
 Alan Schaffner, Managing Director
 Dated: August 20, 2012
Third District Court of Appeal

State of Florida 

Opinion filed February 17, 2021.

Not final until disposition of timely filed motion for rehearing.

________________

Nos. 3D20-1235 & 3D20-1236

Lower Tribunal Nos. 18-23904 & 18-23897

________________

Jack Stone,

Appellant,

vs.

Elizabeth Helen Germann and Peter Edward Germann,

Appellees.

Appeals under Florida Rule of Appellate Procedure 9.315(a) from the 

Circuit Court for Miami-Dade County, Michaelle Gonzalez-Paulson, Judge.

Jack Stone, in proper person.

Elizabeth Helen Germann and Peter Edward Germann, in proper 

persons.

Before LOGUE, LINDSEY, and MILLER, JJ. 

PER CURIAM.
2

Upon consideration of the initial brief, and finding no preliminary basis 

for reversal has been demonstrated, the order below is summarily affirmed 

pursuant to Florida Rule of Appellate Procedure 9.315(a).

Affirmed.
Opinion issued December 10, 2020

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-20-00642-CR

———————————

IN RE THE STATE OF TEXAS EX REL. KIM OGG, Relator

Original Proceeding

Petition for Writ of Mandamus

Petition for Writ of Prohibition

MEMORANDUM OPINION

Harris County District Attorney Kim Ogg, representing the State of Texas, 

filed a petition seeking mandamus and prohibition relief.

1

 On October 30, 2020, the 

State filed a motion to dismiss this proceeding as moot because the underlying trial 

1 The underlying case is State of Texas v. Celso Elias Sapon-Rosales, cause number 

2282643, pending in the County Criminal Court at Law No. 8 of Harris County, 

Texas, the Honorable Franklin Bynum presiding.
2

court case was dismissed and refiled as a felony complaint. A certified copy of the 

dismissal and felony complaint were provided to this Court. No response or 

opposition to the motion was filed. See TEX. R. APP. P. 10.3(a). We have not issued 

a decision in the case. 

Because the trial court cause from which this proceeding arises has been 

dismissed, we grant the State’s motion and dismiss this proceeding as moot. We 

dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Hightower, and Countiss.

Do not publish. TEX. R. APP. P. 47.2(b).
_______________________________________ __ 

### Michigan Supreme Court 

# Order Lansing, Michigan 

## October 27, 2008

136947 & (24)

In re ANGEL PETERSON _____________________________________/ ANGEL PETERSON, Plaintiff-Appellant,

v WAYNE CIRCUIT JUDGE, Defendant-Appellee.
_____________________________________/ Clifford W. Taylor, Chief Justice Michael F. Cavanag h Elizabeth A. Weave r Marilyn Kell y Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markman, J ustices



## SC: 136947 COA: 282794

On order of the Court, the application for leave to appe al the June 20, 2008 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be re viewed by this Court. The motion for miscellaneous relief is DENIED.

d1020 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. October 27, 2008 Clerk
(This is an entirely new rule.)

Rule 1065.1. Notice. Claim for Adverse Possession.

(a) This rule governs an action to quiet title of property pursuant to Section 

5527.1 of the Judicial Code, 42 Pa.C.S. §5527.1.

Note: Section 5527.1 of the Judicial Code permits a party to seek to 

acquire title to real property by commencing an action to quiet title if 

the party has adversely possessed the real property for a period of 

not less than ten years. 

(b) As used in this rule, 

“plaintiff” means the possessor of real property who is seeking to quiet title to real 

property that he or she has adversely possessed for a period of not less than ten years.

“defendant” means the owner, the owner’s heirs, successors, and assigns, of the 

real property as recorded in the most recent deed filed in the Recorder of Deeds Office 

at the courthouse in the county in which the real property is located.

(c) Upon satisfying the requirements of Section 5527.1(a)-(b) of the Judicial 

Code and commencing an action to quiet title, the plaintiff shall provide to the defendant 

the notice set forth in subdivision (d) of this rule. 

(d) The notice shall be substantially in the following form:

(CAPTION)

Notice Required by Section 5527.1 of the Judicial Code

To the above-named defendant: 

The plaintiff in the above-captioned matter has filed an action to quiet title pursuant to 

Section 5527.1 of the Judicial Code, 42 Pa.C.S. § 5527.1, seeking to acquire title by 

adverse possession of real property described as follows:
2

_____________________________________

Street Address

_____________________________________

City, State, Postal Zip Code

_____________________________________

Deed Reference

_____________________________________

Uniform Parcel Identifier or Tax Parcel Number

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

Metes and Bounds Description

If you wish to challenge the claim of adverse possession, you must respond to the action 

to quiet title within one year after this complaint and notice are served by commencing an 

action in ejectment against the plaintiff.
104TH CONGRESS

1ST SESSION H. R. 584

AN ACT

To direct the Secretary of the Interior to convey a fish

hatchery to the State of Iowa.

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

3 SECTION 1. CONVEYANCE OF THE FAIRPORT NATIONAL

4 FISH HATCHERY TO THE STATE OF IOWA.

5 (a) CONVEYANCE.—Within 180 days after the date

6 of the enactment of this Act, the Secretary of the Interior
2

•HR 584 EH

1 shall convey to the State of Iowa without reimbursement

2 all right, title, and interest of the United States in and

3 to the fish hatchery described in subsection (b) for use

4 by the State for purposes of fishery resources manage5 ment.

6 (b) HATCHERY DESCRIBED.—The fish hatchery de7 scribed in subsection (a) is the Fairport National Fish

8 Hatchery located in Muscatine County, Iowa, adjacent to

9 State Highway 22 west of Davenport, Iowa, including all

10 real property, improvements to real property, and personal

11 property.

12 (c) USE AND REVERSIONARY INTEREST.—The prop13 erty conveyed to the State of Iowa pursuant to this section

14 shall be used by the State for purposes of fishery resources

15 management, and if it is used for any other purpose all

16 right, title, and interest in and to all property conveyed

17 pursuant to this section shall revert to the United States.

Passed the House of Representatives June 7, 1995.

Attest:

Clerk.
104TH CONGRESS

1ST SESSION H. R. 584

AN ACT

To direct the Secretary of the Interior to convey a

fish hatchery to the State of Iowa.