alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Eric S. SCHWARTZ, Appellant, v. Tina M. SCHWARTZ, Appellee.

No. 3D10-171.

District Court of Appeal of Florida, Third District.

Dec. 1, 2010.

Rehearing Denied Jan. 14, 2011.

Eric Schwartz, in proper person.

Tina M. Schwartz, in proper person.

Before RAMIREZ, C.J., and SHEPHERD and SUAREZ, JJ.

SUAREZ, J.

The former husband appeals from an Amended Final Judgment of Dissolution of Marriage. We affirm the Amended Final Judgment except as follows:

The appellant raises three issues on this appeal: (1) the trial court’s ruling that the $100,000 transfer from Ms. Crane was a gift; (2) the award of nominal alimony in the monthly amount of $100 to Tina Schwartz; and (3) the offset amounts granted to Tina Schwartz for future child support due Eric Schwartz.

We find it necessary to address only the third issue, which we dismiss without prejudice as premature, because the trial court has not made a final determination regarding child support. We affirm the trial court’s decision as to all other issues.

Affirmed in part, dismissed in part.
I 

110TH CONGRESS 

1ST SESSION H. R. 1501 

To amend title XVIII of the Social Security Act to adjust the fee for 

collecting specimens for clinical diagnostic laboratory tests under the 

Medicare Program. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2007 

Mr. ENGLISH of Pennsylvania (for himself and Mr. GENE GREEN of Texas) 

introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and 

Means, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title XVIII of the Social Security Act to adjust 

the fee for collecting specimens for clinical diagnostic 

laboratory tests under the Medicare Program. 

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 ‘‘Medicare Laboratory 

5 Services Access Act of 2007’’. 


jcorcoran on PROD1PC62 with BILLS
2 

•HR 1501 IH

1 SEC. 2. ADJUSTMENT IN MEDICARE LABORATORY SPECI2 MEN COLLECTION FEE. 

3 (a) IN GENERAL.—Section 1833(h) of the Social Se4 curity Act (42 U.S.C. 1395l(h)) is amended— 

5 (1) in paragraph (3)(A), by inserting ‘‘in 

6 the amount specified in paragraph (9)’’ after ‘‘a 

7 nominal fee’’; and 

8 (2) by adding at the end the following new 

9 paragraph: 

10 ‘‘(9) The amount specified in this paragraph, for the 

11 nominal fee under paragraph (3)(A) for tests performed 

12 in— 

13 ‘‘(A) 2008, is $6.07; or 

14 ‘‘(B) a subsequent year, is the amount specified 

15 in this paragraph for tests performed in the pre16 ceding year adjusted by the annual percentage in17 crease or decrease in the Consumer Price Index for 

18 All Urban Consumers (United States city average).’’. 

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

20 subsection (a) shall apply to fees for tests performed on 

21 or after January 1, 2008. 

Æ 


jcorcoran on PROD1PC62 with BILLS
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-24-2000
<PERIOD-START>                             SEP-27-1999
<PERIOD-END>                               SEP-24-2000
<CASH>                                           4,640
<SECURITIES>                                         0
<RECEIVABLES>                                   74,335
<ALLOWANCES>                                     1,210
<INVENTORY>                                     21,032
<CURRENT-ASSETS>                               119,611
<PP&E>                                         186,843
<DEPRECIATION>                                  80,223
<TOTAL-ASSETS>                                 297,223
<CURRENT-LIABILITIES>                          130,373
<BONDS>                                        148,460
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      13,940
<TOTAL-LIABILITY-AND-EQUITY>                   297,223
<SALES>                                        496,376
<TOTAL-REVENUES>                               496,376
<CGS>                                          409,964
<TOTAL-COSTS>                                  409,964
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              19,955
<INCOME-PRETAX>                                  1,592
<INCOME-TAX>                                     2,005
<INCOME-CONTINUING>                              (413)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (413)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
**Exhibit 31.1**
**Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002**
     I, William R. Wolff, Chief Executive Officer, certify that:
1. I have reviewed this report on Form 10-QSB of MakeMusic! Inc.;
2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;
3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the small business issuer as of, and for, the periods presented in this report;
4. The small business issuer’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the small business issuer and have:
     (a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe small business issuer, including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this report is being prepared;
     (b) Evaluated the effectiveness of the small business issuer’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and
     (c) Disclosed in this report any change in the small business issuer’s internal control overfinancial reporting that occurred during the small business issuer’s most recent fiscal quarter(the small business issuer’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the small business issuer’sinternal control over financial reporting; and
5. The small business issuer’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the small business issuer’sauditors and the audit committee of the small business issuer’s board of directors (or personsperforming the equivalent functions):
     (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect the smallbusiness issuer’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 asignificant role in the small business issuer’s internal control over financial reporting.        Date: May 2, 2005 By:  /s/ William R. Wolff    Chief Executive Officer
#### John MACKIE, Jr., Appellant, v. UNITED STATES of America.

No. 16415.

United States Court of Appeals Eighth Circuit.

March 7, 1960.

Robert Vogel, U. S. Atty., and Gordon Thompson, Asst. U. S. Atty., Fargo, N. D., for appellee.

PER CURIAM.

Appeal from District Court dismissed as frivolous.
<PAGE>
 
                                 Exhibit 23.1

                        Consent of Independent Auditors

The Board of Directors
Harris Financial, Inc.

We consent to incorporation by reference in Registration Statement No. 333-36087
on Form S-8 of Harris Financial, Inc. of our report dated January 21, 1997 
relating to the consolidated statements of income, shareholders' equity and cash
flows for the year ended December 31, 1996 which report appears in the December 
31, 1998 annual report on Form 10-K of Harris Financial, Inc.

                                                       /s/ KPMG LLP

Harrisburg, PA
March 19, 1999
Exhibit 23.1A

CONSENT OF INDEPENDENT
REGISTERED PUBLIC ACCOUNTING FIRM

We have issued our report dated
April 14, 2005, except for Note 1, which is dated August 12, 2005, on the consolidated
balance sheets of WidePoint Corporation as of December 31, 2004 and 2003, and the related
consolidated statements of operations, changes in stockholders equity, and cash
flows of WidePoint Corporation for the years ended December 31, 2004, 2003 and 2002,
included in its Annual Report on Form 10-K for the year ended December 31, 2004, filed
with the Securities and Exchange Commission. We hereby consent to the incorporation by
reference of our report in Form S-8 in the companys previously filed Registration
Statement No. 333-55993.

/s/ Grant Thornton LLP

GRANT THORNTON LLP
                                                                                                  Chicago,
Illinois
                                                                                                      August 16, 2005
#### Ken THEOGENE, Appellant, v. The STATE of Florida, Appellee.

No. 3D12-2300.

District Court of Appeal of Florida, Third District.

Oct. 3, 2012.

Rehearing Denied Nov. 5, 2012.

Ken Theogene, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before CORTINAS, ROTHENBERG and FERNANDEZ, JJ.

PER CURIAM.

This is an appeal of an order summarily denying a motion filed under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this Court must reverse unless the post conviction record, *see*Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. *See*Fla. R.App. P. 9.141(b)(2)(D).

Because the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. If the trial court again enters an order summarily denying the post conviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.1

Reversed and remanded for further proceeding.

1

. We note that the trial court indicated in its order that a copy of the arrest form and of the information filed in the case are attached to the order; however, those documents were not transmitted to this Court. The arrest form and information are insufficient record evidence of the fact that the defendant pled guilty. We respectfully suggest that a complete record supporting the trial court's denial of the post conviction motion should include the judgment and sentence as well as the transcript of the plea.
Exhibit 10(c) 



CONSENT OF INDEPENDENT
REGISTERED PUBLIC ACCOUNTING FIRM 



We hereby consent to the
incorporation by reference in this Amendment No. 26 to the BlackRock Fundamental Growth
Protected Fund of BlackRock Principal Protected Trust’s Registration Statement on Form
N-1A of our report dated February 20, 2008, relating to the financial statements and the
effectiveness of internal control over financial reporting, which appears in Bank of
America Corporation’s Annual Report on Form 10-K for the year ended December 31, 2007. 



/s/ PricewaterhouseCoopers LLP 



Charlotte, North Carolina 

  December
23, 2008
# National POW/MIA Recognition Day, 2010

“Until every story ends” is a solemn promise to those who wear the uniform of the United States that they will never be left behind or forgotten.  On National POW/MIA Recognition Day, we pay tribute to the American men and women who never returned home from combat, to those who faced unthinkable suffering as prisoners of war in distant lands, and to all servicemembers who have defended American lives and liberties with unwavering devotion.  As a grateful Nation, we can never repay the profound debt to our heroes, and we will not rest until we have accounted for the missing members of our Armed Forces.

We demonstrate our deep gratitude and admiration for our brave patriots not in words alone, but in our actions to bring them home.  Each year, specialists in our Department of Defense scour foreign battlefields and burial sites, interview witnesses, and search national and international archives for information about those missing from the Vietnam War, Korean War, Cold War, World War II, and other conflicts.  Their work will not be complete, nor our commitment fulfilled, until the families of those taken or missing in action can rest knowing the fate of their loved ones.

On September 17, 2010, the stark black and white flag honoring America’s prisoners of war and those missing in action will be flown over the White House; the United States Capitol; the Departments of State, Defense, and Veterans Affairs; the Selective Service System Headquarters; the World War II Memorial; the Korean War Veterans Memorial; the Vietnam Veterans Memorial; United States post offices; national cemeteries; and other locations across our country.  It is a powerful reminder that our Nation will never cease in our task to recover, remember, and honor the courageous men and women who have served and sacrificed so much for each of us.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 17, 2010, as National POW/MIA Recognition Day.  I urge all Americans to observe this day of honor and remembrance with appropriate ceremonies and activities.

IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of September, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fifth.

[FR Doc. 2010-23900

Billing code 3195-W0-P
[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Notices]
[Pages 60123-60124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24411]


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

FEDERAL MARITIME COMMISSION


Notice of Agreements Filed

    The Commission hereby gives notice of the filing of the following 
agreements under the Shipping Act of 1984. Interested parties may 
submit comments on the agreements to the Secretary, Federal Maritime 
Commission, Washington, DC 20573, within ten days of the date this 
notice appears in the Federal Register. Copies of the agreements are 
available through the Commission's Web site (www.fmc.gov) or by 
contacting the Office of Agreements at (202)-523-5793 or 
<a href="/cdn-cgi/l/email-protection#384c4a595c5d59565954414b514b785e555b165f574e"><span class="__cf_email__" data-cfemail="b1c5c3d0d5d4d0dfd0ddc8c2d8c2f1d7dcd29fd6dec7">[email protected]</span></a>.

    Agreement No.: 011328-002.
    Title: Toko Line/Shinwa Space Charter and Cooperative Working 
Agreement.
    Parties: Shinwa Kaiun Kaisha, Ltd. and Toko Kaiun Kaisha, Ltd.
    Filing Party: Robert B. Yoshitomi, Esq.; Nixon Peabody LLP; 2040 
Main Street, Suite 850; Irvine, CA 92616.
    Synopsis: The amendment changes the name of Shinwa to NS United 
Kaiun Kaisha, Ltd.

    Agreement No.: 200233-016.
    Title: Lease and Operating Agreement between Philadelphia Regional 
Port Authority and Astro Holdings, Inc.
    Parties: Philadelphia Regional Port Authority and Astro Holdings, 
Inc.
    Filing Parties: Paul D. Coleman, Esq.; Hoppel, Mayer & Coleman; 
1000 Connecticut Avenue, NW.; Washington, DC 20036.

[[Page 60124]]

    Synopsis: The amendment revises the break bulk cargo provisions and 
fees.

    Agreement No.: 201048-006.
    Title: Lease and Operating Agreement between Philadelphia Regional 
Port Authority and Delaware River Stevedores, Inc.
    Parties: Philadelphia Regional Port Authority and Delaware River 
Stevedores, Inc.
    Filing Party: Paul D. Coleman, Esq.; Hoppel, Mayer & Coleman; 1050 
Connecticut Avenue, NW.; Tenth Floor; Washington, DC 20036.
    Synopsis: The amendment allows for a temporary waiver of dockage 
fees on Rickmers-Linie vessels calling at the Tioga Marine Terminal 
from May 1, 2010 to December 31, 2010.

    Agreement No.: 201062-003.
    Title: Lease and Operating Agreement between PRPA and Penn City 
Investments, Inc.
    Parties: Penn City Investments, Inc.; and Philadelphia Regional 
Port Authority
    Filing Party: Paul D. Coleman, Esq.; Hoppel, Mayer & Coleman; 1000 
Connecticut Avenue, NW.; Washington, DC 20036.
    Synopsis: The amendment adjusts minimum cargo fees provided certain 
conditions are met.

    By Order of the Federal Maritime Commission.

    Dated: September 24, 2010.
Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2010-24411 Filed 9-28-10; 8:45 am]
BILLING CODE 6730-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
<PAGE>

                                  Exhibit 24.1


                                POWER OF ATTORNEY

         WHEREAS, the undersigned officers and directors of Vestcom
International, Inc. desire to authorize Joel Cartun, Brendan Keating and Michael
D. Helfand to act as their attorneys-in-fact and agents, for the purpose of
executing and filing the registrant's Annual Report on Form 10-K for the year
ended December 31, 2000, including all amendments thereto,

         NOW, THEREFORE,

         KNOW ALL MEN BY THESE PRESENTS, that each person whose signature
appears below constitutes and appoints Joel Cartun, Brendan Keating and Michael
D. Helfand, and each of them, his true and lawful attorney-in-fact and agent,
with full power of substitution and resubstitution, to sign the registrant's
Annual Report on Form 10-K for the year ended December 31, 2000, including any
and all amendments thereto, and to file the same, with all exhibits thereto, and
other documents in connection therewith, with the Securities and Exchange
Commission, granting unto said attorneys-in-fact and agents, and each of them,
full power and authority to do and perform each and every act and thing
requisite and necessary to be done in and about the premises, as fully and to
all intents and purposes as he might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, or their
or his substitute or substitutes, may lawfully do or cause to be done by virtue
hereof.

         IN WITNESS WHEREOF, the undersigned have executed this power of
attorney in the following capacities on this 27th day of March, 2001.
<TABLE>
<CAPTION>
Signatures                              Title
----------                              -----
<S>                                    <C>
/s/ Joel Cartun                         Chairman and Director
----------------------------------
Joel Cartun


/s/ Stephen R. Bova                     Director
----------------------------------
Stephen R. Bova


/s/ Leonard Fassler                     Director
----------------------------------
Leonard Fassler


/s/ Brendan Keating                     President, Chief Executive Officer, Chief Operating
----------------------------------      Officer and Director
Brendan Keating


/s/ Fred S. Lafer                       Director
----------------------------------
Fred S. Lafer


/s/ Robert J. Levenson                  Director
----------------------------------
Robert J. Levenson


/s/ Richard D. White                    Director
----------------------------------
Richard D. White


/s/ Michael D. Helfand                  Executive Vice President, Chief Financial
----------------------------------      Officer and Treasurer (Principal and Financial
Michael D. Helfand                      Accounting Officer)

</TABLE>
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT July Term 2014

PGA MEXX, LLC d/b/a CABO FLATS

,

Petitioner

,

v.

TRENT MAYER
, Respondent

.

No. 4D 14

- 401

[ July 9, 2014 ]

Petition for writ of certiorari to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Edward H. Fine , Judge; L.T. Case

No. 13

- 12809 AE

.

Richard F. Della Fera and Joshua M. Entin of Entin & Della Fera, P.A., Fort Lauderdale, for petitioner.

Stephan A. LeC lainche of Babbitt Johnson Osborne & Le C lainche, P.A., West Palm Beach, for respondent.

P ER C URIAM

.

PGA MEXX , LLC d/b/a Cabo Flats petitions for a writ of certiorari seeking review of an order denying its emergency motion for stay. Based upon an order of a Delaware chancery court enjoining actions involving petitioner’s insurer until October 7, 2014, we grant the petition and direct the trial court to stay all proceedings in this case. See Am

. Bonding Co. v. Coastal Metal Sales, Inc. , 679 So. 2d 1250 (Fla. 2d DCA 1996).

Petition Granted with Directions.

M AY
, C IKLIN and K LINGENSMITH

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### Tex. & St. Louis R’y Co. v. George P. Smith.

(No. 1625.)

Appeal from Smith County.

Opinion by

Willson, J.

.§51. *Account; meaning of, as used in article 2%66, Revised Statutes.*Appellee sued appellant upon a cause of action stated as follows:

> To services as conductor of trains No. 1 and 2, from June 1st

> to June 30th inclusive, at $90 per month.................... $90 00

> To services as conductor of trains No. 1 and 2, from July 1st to July 16th inclusive, at $90 per month.................... 48 00

> $138 00

*45November 24, 1883.

Attached to this claim was the affidavit of the plaintiff, verifying it in accordance with article 2268 of the Revised Statutes. Upon the trial of the case this claim was introduced, in evidence over objections of the defendant, and upon this evidence alone plaintiff recovered judgment. *Held,*error; the claim was not an account within the meaning of article 2266 of the Revised Statutes, and was not admissible in evidence as a verified account. The word “account,” as used in that article, is used in its popular, and not technical, sense, and' applies to transactions between persons in which, by sale upon the one side, and purchase upon the other, the title to personal property is passed from the one to the other, and the relation of debtor and creditor is thereby created by general course of dealing, and it does not mean one or more isolated transactions resting upon special contract. [McCamant v. Batsell, *59 Tex.*363; W. & W. Con. Rep. §§ 759, 777.] In this case the cause of action is an isolated transaction, resting upon special contract.

Reversed and remanded.