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

State of Florida

Opinion filed April 5, 2017.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D16-765

Lower Tribunal No. 15-11191

________________

Gojko Durkovic,

Appellant,

vs.

Park West Galleries, Inc.,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Jerald Bagley,

Judge.

The Peltz Law Firm, P.A., and Robert D. Peltz; The Vucci Law Group, P.A.,

and Louis A. Vucci, for appellant.

Coffey Burlington, P.L., and Jeffrey B. Crockett and Paul J. Schwiep, for

appellee.

Before EMAS, LOGUE, and SCALES, JJ.

LOGUE, J.

Appellant, a Serbian national and resident, filed a personal injury action

against Park West Galleries, Inc., alleging he injured his back while under contract
to conduct art auctions on cruise ships. He now appeals the trial court’s decision to

dismiss his case pursuant to a mandatory forum selection clause. The forum

selection clause at issue provides that all legal proceedings by either party relating

to the contract will be brought in the Turks and Caicos Islands, except that the

Appellant may be sued in other forums for the limited purpose of obtaining an

injunction prohibiting him from violating the confidentiality and non-compete

provisions of the contract.

For the purposes of reviewing a motion to dismiss, we accept as true the

Appellant’s allegation that he has the status of a seaman under the Jones Act, 46

U.S.C. § 30104 (2015). We decline to adopt the Appellant’s position that the

Jones Act per se prohibits a seaman who is a foreign national residing outside the

United States from being bound by a contract provision mandating a specific

foreign forum for disputes under the contract. See, e.g., Ramirez v. NCL

(Bahamas), Ltd., 991 F. Supp. 2d 1187, 1194 (S.D. Fla. 2013) (in cause of action

alleged under the Jones Act, enforcing the arbitration agreement and also holding

“the parties’ forum-selection and choice-of-law provisions are enforceable”). We

also reject Appellant’s argument that the venue provision at issue is so one-sided as

to be unconscionable.

Instead, under the authority of Estate of Stern v. Oppenheimer Trust Co.,

134 So. 3d 566 (Fla. 3d DCA 2014), we hold that such a mandatory forum

2
selection clause is valid and enforceable unless the chosen forum is unjust and

unreasonable in the sense that it constitutes no forum at all. The Turks and Caicos

Islands are a British Overseas Territory whose courts are part of the British

common law system. Appeals from the highest courts in the Turks and Caicos

Islands lie with the highest courts in the United Kingdom of Great Britain and

Northern Ireland. The affidavits on file in this record support the conclusion that

the courts of the Turks and Caicos Islands are capable of deciding the choice of

law issues, determining whether the contractual provisions limiting liability and

recovery are operative, and applying the Jones Act, if appropriate. It certainly

cannot be said on this record that the courts of the Turks and Caicos Islands

constitute no forum at all.

Affirmed. 

SCALES, J., concurs.

EMAS, J., concurs in result only.

3
EXHIBIT
32.6

Certification Pursuant to Section 1350 of
Chapter 63 of Title 18
of the United States Code

I,
E. James Ferland, Chief Executive Officer of PSEG Energy Holdings L.L.C., to
the best of my knowledge, certify that (i) the Quarterly Report of PSEG Energy
Holdings LLC on Form 10-Q for the quarter ended September 30, 2003 (the
Periodic Report) fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and (ii) the information contained
in the Periodic Report fairly presents, in all material respects, the financial
condition and results of operations of the PSEG Energy Holdings L.L.C.

| | /s/ E. James
  Ferland       
| | -----------------------------
| |                              
| | E. James
  Ferland           
| | PSEG Energy
  Holdings L.L.C.
| | Chief
  Executive Officer    
| | October 30,
  2003
EXHIBIT 32.2

Certification Pursuant to Section 1350 of
Chapter 63 of Title 18
of the United States Code

I,
Ralph Izzo, Chief Executive Officer of PSEG Power LLC, to the best of my
knowledge, certify that (i) the Quarterly Report of PSEG Power LLC on Form 10-Q
for the period ended September 30, 2008 (the Report) fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and (ii) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of PSEG
Power LLC.

| |                         
| | ------------------------
| | /s/ Ralph
 Izzo         
| |                         
| | Ralph Izzo              
| | PSEG Power
 LLC         
| | Chief
 Executive Officer
| | October 31,
 2008       

---
<PAGE>

                                                                  Exhibit 32.1

                           CERTIFICATION PURSUANT TO
                            18 U.S.C. SECTION 1350 *


In connection with the Quarterly Report of PGI Incorporated (the "Company") on
Form 10-Q for the period ended September 30, 2010 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Laurence A.
Schiffer, 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 the best of my knowledge:


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

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



/s/ Laurence A. Schiffer
----------------------------------
    Laurence A. Schiffer
    Chief Executive Officer (Principal Executive Officer)     November 9, 2010


*A signed original of this written statement has been provided to the Company
  and will be retained by the Company and will be furnished to the Securities
  and Exchange Commission or its staff upon request.
[Federal Register Volume 73, Number 175 (Tuesday, September 9, 2008)]
[Notices]
[Page 52406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20826]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1783-DR]


New Mexico; Amendment No. 2 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of New Mexico (FEMA-1783-DR), dated August 14, 2008, and 
related determinations.

DATES: Effective Date: August 25, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance 
Directorate, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-3886.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration 
for the State of New Mexico is hereby amended to include the following 
areas among those areas determined to have been adversely affected by 
the catastrophe declared a major disaster by the President in his 
declaration of August 14, 2008.

    All counties in the State of New Mexico are eligible to apply 
for assistance under the Hazard Mitigation Grant Program.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 
97.033, Disaster Legal Services; 97.034, Disaster Unemployment 
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, 
Disaster Housing Assistance to Individuals and Households in 
Presidentially Declared Disaster Areas; 97.049, Presidentially 
Declared Disaster Assistance--Disaster Housing Operations for 
Individuals and Households; 97.050, Presidentially Declared Disaster 
Assistance to Individuals and Households--Other Needs; 97.036, 
Disaster Grants--Public Assistance (Presidentially Declared 
Disasters); 97.039, Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-20826 Filed 9-8-08; 8:45 am]
BILLING CODE 9110-10-P
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

Nos. 04

- 13

- 00242

- CR & 04

- 13

- 00243

- CR

James Michael CHIN

, Appellant

v.

The STATE of Texas,

Appellee

From the 290th Judicial District Court, Bexar County, Texas

Trial Court Nos. 2012CR5328 & 2011CR7140

Honorable Melisa Skinner, Judge Presiding

BEFORE CHIEF JUSTICE STONE

, JUSTICE BARNARD , AND JUSTICE ALVAREZ

In accordance with this court’s opinion of this date, the judgments of the trial court are

AFFIRMED.

SIGNED December 31, 2013.

_____________________________ Catherine Stone, Chief Justice
Exhibit 32.1

CERTIFICATION PURSUANT TO SECTION 1350 OF CHAPTER 63 OF TITLE 18 OF

THE UNITED STATES CODE

In connection with the Quarterly Report of Rewards Network Inc. (the Company) on Form 10-Q for the quarterly period ended June 30, 2009
as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ronald L. Blake, President and 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:



| | (1) | the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------



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

August 6, 2009



|                                                     
|-----------------------------------------------------
|/s/ RONALD L. BLAKE                                  
|Ronald L. Blake President and Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE>           5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       1,136,000
<SECURITIES>                                         0
<RECEIVABLES>                                  937,000
<ALLOWANCES>                                  (771,000)
<INVENTORY>                                  9,003,000
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                         212,000
<DEPRECIATION>                                (191,000)
<TOTAL-ASSETS>                              11,089,000
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                     21,587,000
<COMMON>                                       532,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  2,000,000
<OTHER-SE>                                 (27,559,000)
<TOTAL-LIABILITY-AND-EQUITY>                11,089,000
<SALES>                                              0
<TOTAL-REVENUES>                               140,000
<CGS>                                                0
<TOTAL-COSTS>                                    2,000
<OTHER-EXPENSES>                               257,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             682,000
<INCOME-PRETAX>                               (892,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (892,000)
<EPS-PRIMARY>                                     (.20)
<EPS-DILUTED>                                     (.20)
<FN>
<F1>CURRENT ASSETS AND CURRENT LIABILITIES VALUES
ARE ZERO BECAUSE OF AN UNCLASSIFIED BALANCE SHEET.
        

</TABLE>
#### LIFE & CASUALTY INS. CO. v. PARKER.

No. 31745.

Supreme Court of Mississippi, Division B.

May 20, 1935.

L. C. Gwin, of Natchez, for appellant.

Whittington & Brown, of Natchez, for ap-pellee.

GRIFFITH, Justice.'

The policy of insurance sued upon contains the provision that, “if the age of the assured be misstated, the amount payable under this policy shall be such as the premium would have purchased at the correct insurable age.” The age stated in the policy is 26. According to the record, the assured had only two near relatives, his mother and his brother' — the brother being 45 years old — with, whom the assured lived. Both the mother and the brother testified that at the date •of the policy the assured was 33 years old. The only contradiction of this was the testimony of two witnesses who gave their estimate of his age from their observation of his appearance, and who testified that the assured had told them he was about 26 years old at the time of the issuance of the policy.

The last-mentioned statements by the assured, although unsworn, 22 C. J. p. 239, note 94, were sufficient to take the case to the jury; but under the opinion in the recent case, Messina v. New York Life Ins. Co. (Miss.) 161 So. 460, the direct testimony of the mother and the much older brother, delivered as witnesses under oath, is of so much higher grade in quality of proof that we must hold that upon the issue of age the verdict is against the great weight of the evidence.

We are inclined to the opinion also that the verdict is against the great weight of the evidence upon the issue of the diseased condition of the assured at the time of the delivery of the policy, but, since the judgment must be reversed upon the other issue, we do not pursue the second inquiry.

Reversed and remanded.
<PAGE>
                                                                    EXHIBIT 99.2


                            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 Quarterly Report (the "Report") of Powell
Industries, Inc. (the "Company") on Form 10-Q for the period ending July 31,
2002 as filed with the Securities and Exchange Commission on the date hereof, I,
Don R. Madison, Vice President and 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 represents, in
               all material respects, the financial condition and results of
               operations of the Company.



Date:    August 26, 2002                    /s/ DON R. MADISON
                                      ------------------------------------------
                                      Don R. Madison
                                      Vice President and Chief Financial Officer
216 La. 559

#### Eugene A. DALTON v. NORMAN-BREAUX LUMBER COMPANY, Inc.

No. 39155.

Supreme Court of Louisiana.

Dec. 9, 1949.

Rehearing Denied Jan. 9, 1950.

Bauer & Bauer, Franklin, Pettigrew & Duval, Houma, for defendant and appellant.

Leonrad Greenburg, Houma, for plaintiffs and appellees.

HAWTHORNE, Justice.

This case was consolidated in the lower court with the case of Blanchard et al. v. *115Norman-Breaux Lumber Company, Inc., 44 So.2d 112, for the purposes of trial, to be tried as one case with separate judgments to be rendered, and also was consolidated for the purposes of argument in this court.

For the reasons assigned in the case of Blanchard et al. v. Norman-Breaux Lumber Company, Inc., 44 So.2d 112, the judgment appealed from is reversed and set aside, the call in warranty by defendant is reinstated, and the case is remanded to the lower court to be proceeded with according to law; appellee to pay all the costs of this appeal, the assessment of all other costs to await the final disposition of the case.

FOURNET, C. J., absent.
EXHIBIT 31.2
                              CERTIFICATION

I, David T. Nguyen, certify that:

1.  I have reviewed this quarterly report on Form 10-QSB of Portsmouth Square,
Inc.;

2.  Based on my knowledge, this quarterly report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this report;

3.  Based on my knowledge, the financial statements and other financial
information included in this report, fairly present in all material respects
the financial condition, results of operations and cash flows of the registrant
as of, and for, the periods presented in this report;

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

    a) designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

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

    c) disclosed in this report any change in the registrant's internal control
over financial reporting that occurred during the registrant's most recent
fiscal quarter 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 registrant's board of
directors (or persons performing equivalent functions):

    a) all significant deficiencies and material weakness 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 registrant's internal control over
financial reporting.

Date: February 13, 2006                       /s/ David T. Nguyen
                                              ---------------------------
                                              David T. Nguyen, Treasurer
                                              and Controller (serving as
                                              Chief Financial Officer)
Exhibit 10.1




Exhibit
10.1

 

Summary
of the Salaries 

for
the Named Executive Officers

of
Brown Shoe Company, Inc.

 


	 	
      Base
      Salary (1)
      (2) (3)

	
      Name
      and Title of Executive Officer
	
      2005
	
      2004
      

	
      Ronald
      A. Fromm

          Chairman of the
      Board and Chief Executive Officer
	
      $825,000
	
      $825,000

	
      Diane
      M. Sullivan

          President
	
       
      650,000
	
       
      650,000

	
      Joseph
      W. Wood

          President,
      Famous Footwear
	
       
      506,000
	
       
      500,000

	
      Gary
      M. Rich

          President,
      Brown Shoe Wholesale
	
       
      484,000
	
       
      472,000

	
      David
      H. Schwartz

          Chief
      Administrative Officer and President, Brown Shoe
    International
	
       
      472,000
	
       
      472,000

	
      Andrew
      M. Rosen

          Chief
      Financial Officer
	
      n/a
      (4)
	
       
      425,000















	(1)  	
      The
      named executive officers were determined by reference to the Company’s
      Proxy Statement, dated April 13, 2004.




 


	(2)  	
      In
      March of each year, the Compensation Committee meets to determine whether,
      based on market data, the performance of each executive officer and the
      performance of the Company during the preceding fiscal year, base salaries
      for the named executive officers should be increased. Additionally, base
      salaries for the named executive officers will generally increase
      concurrent with an officer’s promotion or an increase in an officer’s
      responsibilities, as may be determined by the Compensation Committee from
      time to time.




 


	(3)  	
      In
      addition to the base salary listed above, certain of the executive
      officers listed may receive perquisites, including personal use of the
      corporate aircraft, financial and tax planning services, executive
      disability, executive physicals and club dues. In addition, the executive
      officers listed are eligible to participate in the Company’s 401(k) plan
      under which the Company matches 75% of the participant’s first 2% of
      deferred compensation and 50% of the next 4% of deferred compensation. In
      fiscal 2004, each named officer, except Ms. Sullivan, received the maximum
      matching contribution of $7,175. In fiscal 2004, Ms. Sullivan received
      $4,375 in matching contributions.




 


	(4)  	
      Mr.
      Rosen will not be named in the Summary Compensation Table of the Company’s
      2005 Proxy Statement and, as a result, Mr. Rosen’s compensation for fiscal
      2005 has not been included.
**EXHIBIT 32**

 

**CERTIFICATION**

 

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), each of the undersigned officers of Novamerican Steel Inc., (the “Company”), does hereby certify, to such officer’s knowledge, that:

 

The Annual Report on Form 10-K/A for the annual period ended November 24, 2007 (the “Form 10-K”) of the Company 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 Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 

| Dated: June 11, 2008 |   | */s/ Corrado De Gasperis*                              |   |
|----------------------|--------|--------------------------------------------------------|--------|
|                 |   | *Corrado De Gasperis*

*(Principal Executive Officer)* |   |
|                 |   |                                                   |   |
| Dated: June 11, 2008 |   | */s/ Corrado De Gasperis*                              |   |
|                 |   | *Corrado De Gasperis*

*(Principal Financial Officer)* |   |

 

 

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.