alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF ALABAMA

May 17, 2024

SC-2024-0096

Ex parte William Alexander Randall, II PETITION FOR WRIT OF 

CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: 

William Alexander Randall II v. State of Alabama) (Mobile Circuit Court: 

CC-00-2892.61; Criminal Appeals: CR-2023-0526).

CERTIFICATE OF JUDGMENT

WHEREAS, the petition for writ of certiorari in the above 

referenced cause has been duly submitted and considered by the 

Supreme Court of Alabama and the judgment indicated below was 

entered in this cause on May 17, 2024:

Writ Denied. No Opinion. Mitchell, J. -- Parker, C.J., and Shaw, 

Bryan, and Mendheim, JJ., concur.

NOW, THEREFORE, pursuant to Rule 41, Ala. R. App. P., IT IS 

HEREBY ORDERED that this Court's judgment in this cause is certified 

on this date. IT IS FURTHER ORDERED that, unless otherwise ordered 

by this Court or agreed upon by the parties, the costs of this cause are 

hereby taxed as provided by Rule 35, Ala. R. App. P.

I, Megan B. Rhodebeck, certify that this is the record of the judgment of the Court, witness 

my hand and seal.

Clerk, Supreme Court of Alabama
| Skip to Content*Release Date: December 10, 2009*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**L.101 Nonfinancial Business1** |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
#### In the Matter of the Construction of the Will of Carla Hennig, Deceased.

Surrogate’s Court, New York County,

December 10, 1956.

*Maxwell Barrett*for Werner C. Y. Clemm, as executor, petitioner.

*Joseph W. Zeller*for minister, elders, and deacons of the Reformed Protestant Dutch Church of the City of New York, respondent.

William T. Collixs, S.

In this proceeding the court is asked to construe paragraphs Second and Fourth of the will which read as follows:

“ Second: I give and bequeath to my executor hereinafter named all of my personal and household effects, to be distributed by him in the manner described in a letter which I am leaving directed to him. * * *

*157“ Fourth: All the rest, residue and remainder of my estate I give and bequeath to my executor hereinafter named to be used by him for the purposes mentioned in the above letter.”

The letter referred to states: “ If there is enough left after my debts are paid, I would like to remember the following persons with a letter and a small memento from me: * * *. (Naming several individuals, a church, and a Ladies Auxiliary.”

Said letter is ineffectual as a testamentary instrument because not executed in accordance with the requirements of the Decedent Estate Law. It is contended by petitioner, the executor under the will, that testator intended that the provisions of the will constitute an absolute gift to him and that the benefits to those named in the letter were intended to be precatory only. Petitioner further contends that there is neither an expressed nor implied obligation imposed upon him to carry out the terms of the letter for the benefit of those mentioned therein. He concedes having a moral obligation to carry out the wishes of testatrix. The court holds that these bequests were not absolute as gifts to the petitioner individually but were made to him in his fiduciary capacity *(Reynolds*v. *Reynolds,*224 N. Y. 429; *Matter of Lehmaier,*183 Misc. 592; *Matter of Brown,*122 N. Y. S. 2d 640; *Matter of Sutta,*54 N. Y. S. 2d 572, affd. 265 App. Div. 994).

This finding is supported by the very specific language of the will which bequeaths the personal and household effects to the executor “to be distributed by him in the manner described in a letter which I am leaving directed to him ’ ’ and bequeaths the residuary estate to the executor “to be used by him for the purposes mentioned in the above letter.” The testatrix thus leaves nothing to him individually.

Since the will itself contains no definition of the beneficiaries of the bequests, the gift is held to have failed in its entirety. The estate passes as intestate property.

Submit decree construing the will accordingly.
EXHIBIT 32.2

CERTIFICATION OF

J. ROE BUCKLEY / CHIEF FINANCIAL OFFICER

OF MEWBOURNE DEVELOPMENT
CORPORATION

PURSUANT TO 18 U.S.C. § 1350

I, J. Roe Buckley, Chief Financial Officer of Mewbourne Development Corporation, Managing General Partner of Mewbourne Energy Partners 03-A, L.P. (the
Registrant), hereby certify that the accompanying report on Form 10-K, for the annual period ended December 31, 2005 and filed with the Securities and Exchange Commission on the date hereof pursuant to Section 13(a) of the
Securities Exchange Act of 1934 (the Report) by the Registrant fully complies with the requirements of that section.

I further
certify that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.



By:

/s/ J. Roe BuckleyName:  J. Roe Buckley Date:  March 30, 2006
<TABLE> <S> <C>


<ARTICLE>     5
<LEGEND>
The schedule contains summary financial information extracted from 1626 New York
Associates Limited Partnership and is qualified in its entirety by reference to
such financial statements.
</LEGEND>

<MULTIPLIER>       1
       
<S>                             <C>
<PERIOD-TYPE>                           3-MOS
<FISCAL-YEAR-END>                 DEC-31-1999
<PERIOD-START>                    JAN-01-1999
<PERIOD-END>                      MAR-31-1999
<CASH>                              4,014,000 <F1>
<SECURITIES>                                0
<RECEIVABLES>                         257,000
<ALLOWANCES>                           85,000
<INVENTORY>                                 0
<CURRENT-ASSETS>                            0
<PP&E>                            101,125,000
<DEPRECIATION>                    (52,962,000)
<TOTAL-ASSETS>                     64,680,000
<CURRENT-LIABILITIES>                       0
<BONDS>                           171,823,000 <F2>
<COMMON>                                    0
<PREFERRED-MANDATORY>                       0
<PREFERRED>                                 0
<OTHER-SE>                       (110,647,000)
<TOTAL-LIABILITY-AND-EQUITY>       64,680,000
<SALES>                                     0
<TOTAL-REVENUES>                    3,200,000
<CGS>                                       0
<TOTAL-COSTS>                       3,110,000
<OTHER-EXPENSES>                            0
<LOSS-PROVISION>                            0
<INTEREST-EXPENSE>                  2,785,000
<INCOME-PRETAX>                    (2,732,000)
<INCOME-TAX>                                0
<INCOME-CONTINUING>                (2,732,000)
<DISCONTINUED>                              0
<EXTRAORDINARY>                             0
<CHANGES>                                   0
<NET-INCOME>                       (2,732,000)
<EPS-PRIMARY>                       (1,943.28)
<EPS-DILUTED>                       (1,943.28)
<FN>
<F1>  Cash includes $3,795,000 of restricted cash.
<F2>  Includes accrued interest of $65,762,000.
</FN>
        


</TABLE>
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 Annual Report of Dynatronics Corporation on Form 10-K for the period ended June 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Kelvyn H. Cullimore, Jr., Chief Executive Officer of the Company, and Terry M. Atkinson, 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 respects, the financial condition and results of operations of the Company.





Date: September 28, 2011
/s/ Kelvyn H. Cullimore, Jr.Kelvyn H. Cullimore, Jr.Chairman, President and Chief Executive Officer(Principal Executive Officer)Dynatronics CorporationDate: September 28, 2011
/s/ Terry M. AtkinsonTerry M. Atkinson, CPAChief Financial Officer(Principal Accounting and Financial Officer)Dynatronics Corporation








The foregoing certifications are being furnished solely to accompany the Report pursuant to 18 U.S.C. §1350, and are not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and are not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
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 EAU Technologies, Inc. (the “Company”) on
Form 10-K for the period ended December 31, 2008 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Brian D. Heinhold,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 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
      Company.






DATE:
March 30, 2009


/s/ Brian
      D. HeinholdBrian
      D. HeinholdChief
      Financial OfficerEAU
      Technologies, Inc.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### Bureau of Land Management

          - [NM-210-1430-ES; NMNM 118070]

# AGENCY:

Bureau of Land Management, Interior.

# ACTION:

Correction.

# SUMMARY:

                        In                         **Federal Register**                         [73 FR 50342] on Tuesday, August 26, 2008, make the following correction. Under the                         **SUPPLEMENTARY INFORMATION**                         heading, the legal description should read:                    

## New Mexico Principal Meridian

T. 29 N., R. 12 W., 

Sec. 18, SW of lot 9.

Containing 10 acres, more or less.

# FOR FURTHER INFORMATION CONTACT:

Mary Jo Albin, Realty Specialist, at the Bureau of Land Management, Farmington Field Office, at (505) 599-6332.

Joel E. Farrell,

Assistant Field Manager for Resources, Farmington.

[FR Doc. E8-24253 Filed 10-10-08; 8:45 am]

BILLING CODE 4310-VB-P
#### R. L. SELDEN and His Wife, Jeanette Selden, et al., Appellants, v. David S. DUNLAP et al., Appellees.

Supreme Court of Florida.

Jan. Term, 1936.

Hull, Landis, & Whitehair, of De Land, for the motion.

PER CURIAM.

Appeal dismissed on motion of counsel for appellants.
"Date","Total","Federal","Nonfederal Total","Nonfederal Households","Nonfederal Business","Nonfederal State and local govts"
"2000",4.9,9.1,9.2,1.3,-8.0,
"2001",6.3,9.3,6.0,8.8,-0.2,
"2002",7.2,10.6,2.5,11.0,7.6,
"2003",8.2,11.6,2.7,8.3,10.9,
"2004",9.0,11.6,5.8,7.4,9.0,
"","","","","","",""
"2005",9.4,11.7,7.3,10.2,7.0,
"2006",7.9,8.6,9.1,8.2,3.9,
"","","","","","",""
"2005Q1",9.3,9.6,6.5,9.9,13.0,
"2005Q2",8.0,11.9,7.2,7.3,0.6,
"2005Q3",9.6,11.9,7.9,12.3,5.8,
"2005Q4",9.4,11.6,6.9,9.7,8.0,
"","","","","","",""
"2006Q1",9.5,9.7,9.6,3.3,11.3,
"2006Q2",6.8,9.4,8.3,6.7,-2.4,
"2006Q3",6.5,7.5,6.5,8.2,3.3,
"2006Q4",7.9,6.6,11.0,13.5,3.3,
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 191 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                 S. 191

To provide pension relief for all air carriers with pension plans that 
                     are not frozen pension plans.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 4, 2007

 Mrs. Hutchison (for herself and Mr. Cornyn) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
To provide pension relief for all air carriers with pension plans that 
                     are not frozen pension plans.

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

SECTION 1. MODIFICATION OF THE INTEREST RATE FOR THE SPECIAL FUNDING 
              RULES OF THE PENSION PROTECTION ACT OF 2006.

    (a) Interest Rate.--Section 402 (a)(2) of the Pension Protection 
Act of 2006 is amended by inserting ``and by using, in determining the 
funding target for each of the 10 plan years during such period, an 
interest rate of 8.25 percent (rather than the segment rates calculated 
on the basis of the corporate bond yield curve)'' after ``such plan 
year''.
    (b) Effective Date.--The amendment made by this section shall take 
effect as if included in the provisions of the Pension Protection Act 
of 2006 to which such amendment relates.
                                 <all>
```
**EXHIBIT 31.2**
**CERTIFICATION**
I, Leslye L. Grindle, certify that:
     1. I have reviewed this annual report on Form 10-KSB of SouthernCommunity Bancshares, Inc.;
     2. Based on my knowledge, this annual report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this annualreport;
     3. Based on my knowledge, the financial statements, and other financialinformation included in this annual report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this annual report;
     4. The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financialreporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for theregistrant and have:
     a) Designated such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared;
     b) [Omitted pursuant to SEC Release Nos. 33-8238 and 34-47986]
     c) Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and
     d) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the small businessissuer’s most recent fiscal quarter (the registrant’s fourth fiscal quarter inthe case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financialreporting; and
     5. The registrant’s other certifying officer(s) and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions):
     a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely 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 otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.
Date: March 29, 2004        /s/ Leslye L. Grindle   Leslye L. Grindle Chief Financial Officer
Table of Contents EXHIBIT 13.1 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002 In connection with the Annual Report of COMPANHIA DE SANEAMENTO BÁSICO DO ESTADO DE SÃO PAULO - SABESP (the Company) on Form 20 F for the fiscal year ended December 31, 2008, as filed with the U.S. Securities and Exchange Commission on the date hereof (the Report), I, Gesner José de Oliveira Filho, Chief Executive Officer, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the U.S. Sarbanes Oxley Act of 2002, that to the best of my knowledge: (i) the Report fully complies with the requirements of section 13(a) or 15(d) of the U.S. 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 the Company. Date: April 28, 2010 By:
     /s/ GESNER JOSÉ DE OLIVEIRA FILHOName:
Title:
     Gesner José de Oliveira Filho
Chief Executive Officer
   1


---
**Exhibit 32**

 

CERTIFICATIONOF CEO AND CFOPURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

 

Pursuant to Section 906of the Sarbanes-Oxley Act of 2002, each of the undersigned certifies that thisQuarterly Report on Form 10-Q for the period ended September 30,2010, fully complies with the requirements of Section 13(a) or 15(d),as applicable, of the Securities Exchange Act of 1934 and that the informationcontained in this Report fairly presents, in all material respects, thefinancial condition and results of operations of Cyanotech Corporation.

 

 
| Date:  November 10, 2010 | /s/ David I. Rosenthal                                                                                                    |
|-------------------------------|---------------------------------------------------------------------------------------------------------------------------|
|                          | David I. Rosenthal                                                                                                        |
| * *                      | *Interim President and Chief Executive Officer and  Director**(Performing the Functions of Principal Executive  Officer)* |
|                          |                                                                                                                      |
|                          |                                                                                                                      |
| Date:  November 10, 2010 | /s/ Deanna L. Spooner                                                                                                     |
|                          | Deanna L. Spooner                                                                                                         |
| * *                      | *Vice President — Finance and Administration  and Chief Financial  Officer*                                     |

 

----
To the Board of Directors and Shareholders


EAU Technologies, Inc.


1890 Cobb International Blvd, Ste. A


Kennesaw, Georgia 30152





As independent registered public accountants, we hereby consent to the incorporation by reference of our report dated March 30, 2011 (which includes an emphasis paragraph relating to an uncertainty as to the Company's ability to continue as a going concern), relating to the financial statements of EAU Technologies, Inc. for the years ended December 31, 2010 and 2009, and to all references to our Firm, included in or made part of this Form 10-K, into the Company's previously filed Registration Statements on Forms S-8 (File Nos. 333-148222 and 333-148223).


/s/ HJ & Associates, LLC


HJ & Associates, LLC


Salt Lake City, Utah


March 30, 2011
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)

Pursuant to section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of DCT Industrial Trust Inc., a Maryland corporation (the Company), does hereby certify with respect to the Annual Report of the Company on Form 10-K for the period ended
December 31, 2009, as filed with the Securities and Exchange Commission (the Report) 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 operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |                        
|----------------------- |  | -----------------------
|Date: February 26, 2010 |  | /s/ Philip L. Hawkins  
|                        |  | Philip L Hawkins       
|                        |  | Chief Executive Officer
| Skip to Content*Release Date: December 10, 2009*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**F.123 Closed-End and Exchange-Traded Funds** |
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