alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 12-20-00014-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

SHARAYAH WARR BURCHAM, 

APPELLANT

V.

JEREMY DAVID BURCHAM,

APPELLEE

§

§

§

APPEAL FROM THE 1ST 

JUDICIAL DISTRICT COURT

SAN AUGUSTINE COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for failure to comply with the Texas Rules of Appellate 

Procedure. See TEX. R. APP. P. 42.3(c).

A party who is not excused by statute or the appellate rules from paying costs must pay--

at the time an item is presented for filing--whatever fees are required by statute or Texas Supreme 

Court order. TEX. R. APP. P. 5. An appellate court may enforce Rule 5 by any order that is just. 

Id. After giving ten days’ notice, an appellate court may dismiss an appeal because the appellant 

failed to comply with a requirement of the appellate rules, a court order, or a notice from the clerk 

requiring a response or other action within a specified time. TEX. R. APP. P. 42.3(c).

On January 17, 2020, the Clerk of this Court notified Appellant, Sharayah Warr Burcham,

that the filing fee in this appeal is due. See TEX. R. APP. P. 5. Appellant was informed that failure 

to remit the filing fee on or before January 27 would result in the Court’s taking appropriate action, 

including dismissal of the case without further notice. See TEX. R. APP. P. 42.3(c). The date for 

remitting the filing fee passed, and Appellant has not paid the fee or otherwise shown that she is 

excused from paying the fee.1

 1 The case information sheet filed by the San Augustine County District Clerk states that Appellant has not 

been declared indigent. Appellant’s docketing statement also reflects that a statement of inability to pay court costs 

was not filed in the trial court.
2

Because Appellant failed, after notice, to comply with Rule 5, the appeal is dismissed. See

TEX. R. APP. P. 42.3(c).

Opinion delivered January 31, 2020.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(PUBLISH)
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JANUARY 31, 2020

NO. 12-20-00014-CV

SHARAYAH WARR BURCHAM,

Appellant

V.

JEREMY DAVID BURCHAM,

Appellee

Appeal from the 1st District Court 

of San Augustine County, Texas (Tr.Ct.No. DV-14-5422)

THIS CAUSE came to be heard on the appellate record; and the same being 

considered, it is the opinion of this Court that this appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this Court that this 

appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below 

for observance.

By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.
[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Notices]
[Page 61421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24603]


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

FEDERAL RESERVE SYSTEM


Federal Open Market Committee; Domestic Policy Directive of 
September 16, 2008

    In accordance with Sec.  271.25 of its rules regarding availability 
of information (12 CFR part 271), there is set forth below the domestic 
policy directive issued by the Federal Open Market Committee at its 
meeting held on September 16, 2008.\1\
---------------------------------------------------------------------------

    \1\[thinsp]Copies of the Minutes of the Federal Open Market 
Committee meeting on September 16, 2008, which includes the domestic 
policy directive issued at the meeting, are available upon request 
to the Board of Governors of the Federal Reserve System, Washington, 
D.C. 20551. The minutes are published in the Federal Reserve 
Bulletin and in the Board's annual report.
---------------------------------------------------------------------------

    The Federal Open Market Committee seeks monetary and financial 
conditions that will foster price stability and promote sustainable 
growth in output. To further its long-run objectives, the Committee in 
the immediate future seeks conditions in reserve markets consistent 
with maintaining the federal funds rate at an average of around 2 
percent.
    By order of the Federal Open Market Committee, October 7, 2008.

Brian F. Madigan,
Secretary, Federal Open Market Committee.
[FR Doc. E8-24603 Filed 10-15-08; 8:45 am]
BILLING CODE 6210-01-S
**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 TXP Corporation (the “Company”) on
      Form 10-KSB for the year ended December 31, 2007 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I,
      Robert Christopher Ryan, Principal Accounting and Financial Officer of the
      Company, certify, pursuant to 18 U.S.C. 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 and Exchange Act of 1934; and





(2) The
      information contained in the Report fairly presents, in all material respects,
      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 TXP Corporation and will be retained by TXP Corporation and
      furnished to the Securities and Exchange Commission or its staff upon
      request.


*/s/  Robert
                        Christopher Ryan*Robert
                        Christopher RyanChief
                        Financial Officer*(Principal
                        Accounting and Financial
                        Officer)*


April
      14,
      2008
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

671 

CA 13-00359 

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, SCONIERS, AND DEJOSEPH, JJ. 

 

 

IN THE MATTER OF NELSON BRITTO, 

PETITIONER-APPELLANT, 

V MEMORANDUM AND ORDER

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE 

DEPARTMENT OF CORRECTIONS AND COMMUNITY 

SUPERVISION, RESPONDENT-RESPONDENT. 

WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW (LEAH R. NOWOTARSKI OF

COUNSEL), FOR PETITIONER-APPELLANT. 

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (JEFFREY W. LANG OF

COUNSEL), FOR RESPONDENT-RESPONDENT. 

 

Appeal from a judgment of the Supreme Court, Wyoming County (Mark

H. Dadd, A.J.), entered January 28, 2013 in a proceeding pursuant to

CPLR article 78. The judgment dismissed the petition. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed without costs. 

Memorandum: Petitioner commenced this CPLR article 78 proceeding

seeking to annul the determination, following a tier III disciplinary

hearing, that he violated inmate rules 113.10 (7 NYCRR 270.2 [B] [14]

[i] [weapon possession]) and 114.10 (7 NYCRR 270.2 [B] [15] [i]

[smuggling]). Petitioner failed to exhaust his administrative

remedies with respect to his claim that he was denied his request for

a witness, and this Court has no discretionary authority to reach that

claim (see Matter of Stewart v Fischer, 109 AD3d 1122, 1123, lv denied

22 NY3d 858).

Entered: June 20, 2014 Frances E. Cafarell

Clerk of the Court
[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Page 60362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24067]


=======================================================================
-----------------------------------------------------------------------

NATIONAL SCIENCE FOUNDATION


Advisory Committee for Mathematical and Physical Sciences; Notice 
of Meeting

    In accordance with Federal Advisory Committee Act (Pub. L. 92-463, 
as amended), the National Science Foundation announces the following 
meeting:

    Name: Advisory Committee for Mathematical and Physical Sciences 
(66)
    Date/Time: November 5, 2008 2 p.m.-4 p.m.; November 6, 2008 8 
a.m.-6 p.m.; November 7, 2008 8 a.m.-3 p.m.
    Place: National Science Foundation, 4201 Wilson Boulevard, 
Arlington, VA 22230, November 5 Room 1005; November 6, Room 375; 
November 7, Room 1235.
    Type of Meeting: Open.
    Contact Person: Dr. Morris L. Aizenman, Senior Science 
Associate, Directorate for Mathematical and Physical Sciences, Room 
1005, National Science Foundation, 4201 Wilson Boulevard, Arlington, 
VA 22230. (703) 292-8807.
    Purpose of Meeting: To provide advice and recommendations 
concerning NSF science and education activities within the 
Directorate for Mathematical and Physical Sciences.
    Agenda:
    Briefing to new members about NSF and Directorate (11/5).
    Update on current status of Directorate.
    Report of NSF Advisory Panel on Light Source Facilities 
Subcommittee.
    Meeting of MPSAC with Divisions within MPS Directorate.
    Discussion of MPS Long-term Planning Activities.
    Summary Minutes: May be obtained from the contact person listed 
above.

    Dated: October 6, 2008.
Susanne E. Bolton,
Committee Management Officer.
 [FR Doc. E8-24067 Filed 10-9-08; 8:45 am]
BILLING CODE 7555-01-P
#### Jeff McNAIRY, Appellant, v. The STATE of Texas, Appellee.

No. 44152.

Court of Criminal Appeals of Texas.

Oct. 26, 1971.

Rehearing Denied Dec. 14, 1971.

*210Robert B. Maloney, Dallas, for appellant.

Henry Wade, Dist. Atty., James S. Moss, Asst. Dist. Atty., Dallas, and Jim D. Voll-ers, State’s Atty., Austin, for the State.

OPINION

MORRISON, Judge.

Rape is the offense; the punishment, fifty (50) years.

Appellant presents one ground of error on appeal. Appellant was indicted for rape by force, threats and fraud. We overrule his contention that the evidence is insufficient to sustain the conviction because the proof failed to show that the prosecutrix was threatened in such manner as to reasonably create a just fear of death or great bodily harm or that she made every reasonable effort to resist.

Appellant takes the position that for there to be rape by force, the prosecutrix, as a matter of law, must use every exertion in her power to resist the assault. This assertion fails to give full effect to Article 1184, Vernon’s Ann.P.C. which requires force “such as might reasonably be supposed sufficient to overcome resistance, taking into consideration the relative strength of the parties and other circumstances of the case.”

The appellánt and his co-principal, while brandishing knives, repeatedly threatened to kill the fifty-six year old prosecutrix. Threats can be considered by the jury in determining questions of sufficiency of force where rape is alleged. Whitaker v. State, Tex.Cr.App., 467 S.W. 2d 264 (1971); Brooks v. State, Tex.Cr.App., 466 S.W.2d 789 (1971); Broadway v. State, Tex.Cr.App., 418 S.W.2d 679 (1967). These threats were sufficient to warrant a finding by the jury that a reasonable fear of death or great bodily harm was created in the mind of the prosecutrix. Considering the circumstances, as provided by Article 1184, V.A.P.C., no further resistance by the prosecutrix was required.1 Brooks v. State, *supra;*Harris v. State, Tex.Cr.App., 441 S.W.2d 189 (1969). The testimony of the prosecutrix was also sufficient to warrant the jury’s conclusion that appellant had carnal knowledge of her without her consent. Hemphill v. State, Tex.Cr.App., 467 S.W.2d 412 (1971); Todd v. State, Tex.Cr.App., 466 S.W.2d 559 (1971); Perbetsky v. State, Tex.Cr.App., 429 S.W.2d 471 (1968).

The judgment is affirmed.

ROBERTS, J., not participating.

1

. In Whitaker v. State, *supra,*467 S.W.2d at 266, this Court stated that it was “at a loss to understand just how much resistance a woman or girl who is being attacked is expected to use against a person who has threatened to shoot her with a gun to accomplish his purpose.” We fail to distinguish other deadly weapons in this regard.
<PAGE>

                                                                    EXHIBIT 23.2

[LOGO]       [LETTERHEAD OF NETHERLAND, SEWELL & ASSOCIATES, INC.


           CONSENT OF INDEPENDENT PETROLEUM ENGINEERS AND GEOLOGISTS
           ---------------------------------------------------------


     As Petroleum Engineers, we hereby consent to the inclusion of the
information included in this Form 10-K with respect to (a) the oil and gas
reserves of Vintage Petroleum, Inc., for the United States, Argentina and
Ecuador, the future net revenues from such reserves, and the present value
thereof, and (b) the oil and gas reserves of certain oil and gas properties in
the El Huemul concession acquired by Vintage Petroleum, Inc. from Total Austral
S.A. and Repsol S.A., as described in this Form 10-K, which information has been
included in this Form 10-K in reliance upon the report of this firm and upon the
authority of this firm as experts in petroleum engineering. We hereby further
consent to all references to our firm included in this Form 10-K and to the
incorporation by reference in the Registration Statements on Form S-8, Nos. 33-
37505 and 333-88297, and the Registration Statements on Form S-3, Nos. 333-68351
and 333-77619, of Vintage Petroleum, Inc. of such information.


                                   NETHERLAND, SEWELL & ASSOCIATES, INC.



                                   By:  /s/ Frederic D. Sewell
                                      -----------------------------------------
                                      Frederic D. Sewell
                                      President

Dallas, Texas
March 13, 2000
[Federal Register Volume 75, Number 164 (Wednesday, August 25, 2010)]
[Notices]
[Page 52343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21083]


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

FEDERAL RESERVE SYSTEM


Notice of Proposals To Engage in Permissible Nonbanking 
Activities or To Acquire Companies that are Engaged in Permissible 
Nonbanking Activities

    The companies listed in this notice have given notice under section 
4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and 
Regulation Y (12 CFR Part 225) to engage de novo, or to acquire or 
control voting securities or assets of a company, including the 
companies listed below, that engages either directly or through a 
subsidiary or other company, in a nonbanking activity that is listed in 
Sec. [thinsp]225.28 of Regulation Y (12 CFR 225.28) or that the Board 
has determined by Order to be closely related to banking and 
permissible for bank holding companies. Unless otherwise noted, these 
activities will be conducted throughout the United States.
    Each notice is available for inspection at the Federal Reserve Bank 
indicated. The notice also will be available for inspection at the 
offices of the Board of Governors. Interested persons may express their 
views in writing on the question whether the proposal complies with the 
standards of section 4 of the BHC Act. Additional information on all 
bank holding companies may be obtained from the National Information 
Center website at www.ffiec.gov/nic/.
    Unless otherwise noted, comments regarding the applications must be 
received at the Reserve Bank indicated or the offices of the Board of 
Governors not later than September 9, 2010.
    A. Federal Reserve Bank of Dallas (E. Ann Worthy, Vice President) 
2200 North Pearl Street, Dallas, Texas 75201-2272:
    1. Mason National Bancshares, Inc.; to engage de novo through its 
subsidiary, Mason National Bank, both of Mason, Texas, in lending 
activities pursuant to section 225.28(b)(1) of Regulation Y.

    Board of Governors of the Federal Reserve System, Augusts 20, 
2010.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2010-21083 Filed 8-24-10; 8:45 am]
BILLING CODE 6210-01-S
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ALEXIS AGUAYO,

 

 Appellant,

v.

THE STATE OF TEXAS.

 State.

§

§

§

§

§

§

No. 08-13-00283-CR

Appeal from the

County Court at Law No. 7

of El Paso County, Texas 

(TC# 20120C10722)

O R D E R

The Texas Rules of Appellate Procedure require the trial court to enter a certification of 

the defendant’s right of appeal in every case in which it enters a judgment of guilt or other 

appealable order. TEX. R. APP. P. 25.2(a)(2). The certification must include a notice that the 

defendant has been informed of his rights concerning an appeal, as well as any right to file a pro 

se petition for discretionary review. TEX. R. APP. P. 25.2(d). The certification must be signed 

by the defendant and a copy must be given to him. TEX. R. APP. P. 25.2(d). 

The record in this cause does not contain the trial court’s certification pursuant to 

TEX.R.APP.P. 25.2(a)(2). Accordingly, we direct the trial court to remedy the defect in the 

certification by preparing and filing a “Trial Court’s Certification of Defendant’s Right of 

Appeal” which includes the defendant’s signature. TEX. R. APP. P. 25.2(d). All of the 

provisions of 25.2(d) should be complied with including the requirement that the defendant be 

informed of his rights concerning an appeal, as well as any right to file a pro se petition for 

discretionary review. The trial court is further ordered to forward the certification to this Court 

by means of a supplemental clerk’s record within thirty days of the date of this order.

IT IS SO ORDERED this 25

th day of November, 2013.

PER CURIAM

Before McClure, C.J., Rivera and Rodriguez, JJ.
II 

110TH CONGRESS 

1ST SESSION S. 1764 

To improve the use of a grant of a parcel of land to the State of Idaho 

for use as an agricultural college, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 11, 2007 

Mr. CRAPO (for himself and Mr. CRAIG) introduced the following bill; which 

was read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

A BILL 

To improve the use of a grant of a parcel of land to the 

State of Idaho for use as an agricultural college, and 

for other purposes. 

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

3 SECTION 1. AGRICULTURAL COLLEGE LAND GRANT. 

4 (a) IN GENERAL.—Section 10 of the Act of July 3, 

5 1890 (26 Stat. 215, chapter 656) is amended— 

6 (1) by inserting ‘‘(a)’’ after ‘‘SEC. 10.’’; and 

7 (2) by adding at the end the following: 


ccoleman on PROD1PC69 with BILLS
2 

•S 1764 IS

1 ‘‘(b) Notwithstanding sections 3 through 5 of the Act 

2 of July 2, 1862 (commonly known as the ‘First Morrill 

3 Act’) (7 U.S.C. 303 et seq.), the State of Idaho may— 

4 ‘‘(1) invest and manage earnings and proceeds 

5 derived from land granted to the State of Idaho pur6 suant to subsection (a), in accordance with the 

7 standards applicable to a trustee under Idaho law; 

8 ‘‘(2) deduct from earnings and proceeds gen9 erated from granted land any expenses that a trust10 ee is authorized to deduct pursuant to Idaho law; 

11 and 

12 ‘‘(3) use earnings and proceeds generated by 

13 the granted land for any uses and purposes de14 scribed in that Act (7 U.S.C. 301 et seq.) without 

15 regard to the limitations set out in section 5 of that 

16 Act (7 U.S.C. 305) that prohibit the State from ex17 ceeding 10 per centum on the purchase of land and 

18 prohibit the State from purchasing, erecting, pre19 serving, or repairing of any building or buildings.’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 subsection (a) shall take effect on October 27, 1998. 

Æ 


ccoleman on PROD1PC69 with BILLS
Dismiss and Opinion Filed June 22, 2018 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas
No. 05-18-00103-CV MOISES LAZALDE D/B/A C & M TIRE & WHEEL, Appellant V. OMNI SOURCE UNITED, INC., Appellee On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-17-05517-E



### MEMORANDUM OPINION Before Chief Justice Wright, J ustice Evans, and Justice Brown Opinion by Chief Justice Wright The clerk’s record in this case is past due. By letter dated M ay 25, 2018, we informed appellant the clerk’s record had not been filed because appella nt had not paid for the clerk’s record. We directed appellant to provide verification of payment or arr angements to pay for the clerk’s record or to provide written documentation appellant had been f ound entitled to proceed without payment of costs within ten days. We cautioned appellant that failure to do so would result in the dismissal of this appeal without further notice. To date, appe llant has not provided the required documentation nor otherwise corres ponded with the Court regardi ng the status of t his appeal.–2– Accordingly, we dism iss this appeal. See T EX
. R. A PP
. P. 37.3(b); 42.3(b), (c).

180103F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE–3– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT

MOISES LAZALDE D/B/A C & M TIRE & WHEEL, Appellant
No. 05-18-00103-CV V. OMNI SOURCE UNITED, INC., Appellee On Appeal from the County Court at Law No. 5, Dallas County, Texas Trial Court Cause No. CC-17-05517-E. Opinion delivered by Chief Justice Wright. Justices Evans and Brown participating.

In accordance with this Court’s opinion of this date, this app eal is DISMISSED

. It is ORDERED that appellee OMNI SOURCE UNI TED, INC. recover its costs of th is appeal from appellant MOISES LAZ ALDE D/B/A C & M TIRE & WHEEL.
Judgment entered June 22, 2018.
<PAGE>

                                                                    Exhibit 11




                         CENTRAL SPRINKLER CORPORATION

                          NET INCOME PER COMMON SHARE

<TABLE>
<CAPTION>

                                                Three                      Nine
                                             Months Ended              Months Ended
                                               July 31,                   July 31,
                                          1997         1996          1997           1996
                                        -------       -------       -------       -------
                                                     (Amounts in thousands,
                                                         except per share)


<S>                                     <C>           <C>           <C>           <C>    
Net income                              $   868       $ 1,304       $ 4,325       $ 3,610
                                        =======       =======       =======       =======

Average number of common shares
  outstanding                             3,846         3,793         3,842         3,793

Adjustment to exclude average
  unreleased common shares in ESOP         (600)         (636)         (609)         (645)

Adjustment for assumed conversion
  of stock options                          108           166           116           197
                                        -------       -------       -------       -------
Average number of common shares           3,354         3,323         3,349         3,345
                                        =======       =======       =======       =======
Net Income per common share             $   .26       $   .39       $  1.29       $  1.08
                                        =======       =======       =======       =======

</TABLE>