alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-10-00145-CV

JAMES SUGGS APPELLANT

V.

ROBERT SPEERS APPELLEE

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

FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY

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

MEMORANDUM OPINION1 AND JUDGMENT

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

On May 12, 2010 and June 8, 2010, we notified appellant, in accordance 

with rule of appellate procedure 42.3(c), that we would dismiss this appeal unless 

the $175 filing fee was paid. See Tex. R. App. P. 42.3(c). Appellant has not paid 

the $175 filing fee. See Tex. R. App. P. 5, 12.1(b).

Because appellant has failed to comply with a requirement of the rules of 

appellate procedure and the Texas Supreme Court=s order of August 28, 2007,2

we dismiss the appeal. See Tex. R. App. P. 42.3(c), 43.2(f).

 

1See Tex. R. App. P. 47.4.
Appellant shall pay all costs of this appeal, for which let execution issue. 

See Tex. R. App. P. 43.4.

PER CURIAM

PANEL: GARDNER, WALKER, and MCCOY, JJ.

DELIVERED: July 1, 2010

 

2See Supreme Court of Tex., Order Regarding Fees Charged in Civil 

Cases in the Supreme Court and the Courts of Appeals and Before the Judicial 

Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Aug. 28, 2007) (listing 

fees in courts of appeals).
EXHIBIT 32.2





CERTIFICATION PURSUANT
TO


EXCHANGE ACT RULE 15D-14(B)
AND


18 U.S.C. SECTION
1350








In
connection with the Quarterly Report of US Dry Cleaning Corporation
(the ”Company”) on Form 10-QSB for the period ended March 31, 2008, as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, F. Kim Cox, Chief Financial Officer of the Company,
certify, to the best of my knowledge, pursuant to Exchange Act Rule 15d-14(b)
and 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes
Oxley Act of 2002, that:





i.
      
      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 the
      Company.





A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required
by Section 906, has been provided to US Dry Cleaning Corporation and will be
retained by US Dry Cleaning Corporation and furnished to the Securities and
Exchange Commission or its staff upon request.








By:
            /S/ F. KIM
      COXName:
            F.
      Kim CoxTitle:
            Chief
      Financial OfficerDate:
            May
      20, 2008
Compensation Committee and Board of Directors approval



 EXHIBIT 10.85 
 2009 Long-Term Incentive Equity Grants 
 On December 15, 2008 the Compensation Committee and Board of Directors
approved the long-term incentive equity grants to those individuals set forth below in the amount and upon the terms and conditions set forth below. 
 General Terms of Grant: 
  

	*	Form of grant: A combination of stock option and restricted stock unit awards for executive officers and only stock options for non-employee directors.


  

	*	Vesting: Both the stock option grant and the award of restricted stock units vest equally over a 3 year period. 

  

	*	Grant date: December 16, 2008. 

  

	*	Exercise Price for Stock Options: $22.655. 

  

	*	Number of stock options and restricted stock units: 

  

					
	 	  	Stock Option	  	RSU
	 Daniel C. Ustian, Chairman, President and CEO
	  	91,656	  	18,057
	 William A. Caton, Executive Vice President and Chief Risk Officer
	  	41,942	  	8,263
	 Terry M. Endsley, Executive Vice President Chief Financial Officer
	  	31,959	  	6,296
	 Deepak T. Kapur, President—Truck Group
	  	31,959	  	6,296
	 Pamela J. Turbeville, SVP & CEO Navistar Financial Corporation
	  	20,703	  	4,078
	 Steven K. Covey, SVP, General Counsel and Chief Ethics Officer
	  	20,703	  	4,078

 Each Non-Employee Director—3,600 stock options in lieu of their traditional annual stock option grant of
4,000 shares. 
  

 E-45
First Amendment to the 

First State Bancorporation Key Executives Incentive Plan



1.  Recitals.  Pursuant to its authority under Section 9.7 of the First State Bancorporation Key Executives Incentive Plan (the "Plan"), First State Bancorporation wishes to revise the Plan.



2.  Amendment of Plan.  The following amendment to the Plan is adopted, effective as provided in Paragraph 3 below:


A.  Section 2.1.1 of the Plan is hereby amended to read in full as follows:



2.1.1  Administrator means the Board, or such other committee or person designated  by the Board to administer the Plan, in accordance with Section 7.1.



B.  New Section 4.6 is added to the Plan to read in full as follows:



4.6  Notwithstanding the foregoing, the Board may determine in its sole and absolute discretion, after due consideration of all relevant facts and circumstances, to decline the grant of Performance Options to all Participants under the Stock Option Plan if such declination is consistent with current business conditions and stock performance.



C.  Section 7.1 of the Plan is hereby amended to read in full as follows:

7.1  The Plan shall be administered by the Board, unless and until such time as the Board delegates the administration of the Plan to a person or other committee.  Any such person or other committee shall be appointed by and shall serve at the pleasure of the Board.  The Board may from time to time remove a person or committee from the position of Administrator, and full any appointment thereto.


3.  Effective Date.  This First Amendment shall be effective as of December 23, 2008.

4.  Terms and Conditions of Plan.  Except for the amendment in paragraph 2, all terms and conditions of the Plan are unamended and shall remain in full force and effect.

IN WITNESS WHEREOF, First State Bancorporation has caused this First Amendment to be executed by its duly authorized officer as of the date set forth below. 
First State Bancorporation

By: /s/ Marshall G. Martin

Title: Executive V.P. and Corporate Counsel

Date: December 23, 2008
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 17

- 4947

_____________________________ C HARLES C ANNON , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Wakulla County

. Dawn Caloca

- Johnson , Judge

. February 20, 2019

P ER C URIAM

.
A FFIRMED

. B.L. T HOMAS , C.J.
, and B ILBREY and J AY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Baya Harrison
, III, Monticello, for Appellant.2 Ashley B

. Moody , Attorney General, Benjamin Louis Hoffman, Assistant Attorney Genera l, Tallahassee
, for Appellee.
EXHIBIT 32.1

The following certification is furnished pursuant to the requirements of the Securities and Exchange Commission and shall not be deemed filed for the purposes of Section 18 of the Securities Exchange Act of 1934, or
otherwise subject to the liability of that section. Such certification shall not be deemed incorporated by reference into any filing under the Securities Act of 1933 or the Securities Exchange Act of 1934, except to the extent that such
certification is specifically incorporated by reference by the registrant.

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF
FINANCIAL OFFICER

PURSUANT TO RULE 13a-14(b) OR RULE 15d-14(b)

OF THE SECURITIES EXCHANGE ACT OF 1934 AND 18 U.S.C. SECTION 1350

In connection with the
quarterly report of Metro One Telecommunications, Inc. (the Company) on Form 10-Q for the period ended September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report),
we, James F. Hensel, Chief Executive Officer, and William K. Hergenhan, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 result of operations of the
Company.



|                                                                                                                       
|-----------------------------------------------------------------------------------------------------------------------
|                                                                                                                       
|/s/ James F. Hensel                                                                                                    
|James F. Hensel Director and President and Chief
Executive Officer Metro One Telecommunications, Inc. November 14, 2008



|                                                                                                                           
|---------------------------------------------------------------------------------------------------------------------------
|                                                                                                                           
|/s/ William K. Hergenhan                                                                                                   
|William K. Hergenhan Senior Vice President and Chief
Financial Officer Metro One Telecommunications, Inc. November 14, 2008
**Exhibit 32.2**

 

CERTIFICATION PURSUANTSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

 

In connection with the Quarterly Report ofMakeMusic! Inc. (the “Company”) on Form 10-QSB for the quarter ended June 30,2004 as filed with the Securities and Exchange Commission (the “Report”), I,Michael L. Liston, Acting Principal Accounting and Financial Officer of theCompany, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 ofthe Sarbanes-Oxley Act of 2002, that:

 

(1)          TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

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

 

 

August 4, 2004

 
|   |   |   |   |   |   |   |   |   | /s/ Michael L. Liston                               |   |
|--------|--------|--------|--------|--------|--------|--------|--------|--------|-----------------------------------------------------|--------|
|   |   |   |   |   |   |   |   |   |                                                |   |
|   |   |   |   |   |   |   |   |   | Corporate Controller                                |
|   |   |   |   |   |   |   |   |   | (Acting Principal Financial and Accounting Officer) |

 

----
<PAGE>



                                                                 Exhibit 13.1


                            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 on Form 20-F of Ciba Specialty
Chemicals Holding Inc., a corporation organized under the laws of Switzerland
(the "Company") for the period ending December 31, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), each of
the undersigned officers 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.




Dated: February 3, 2004                  /s/ Armin Meyer
                                         ---------------------------------------
                                         Armin Meyer
                                         Chief Executive Officer




Dated: February 3, 2004                  /s/ Michael Jacobi
                                         ---------------------------------------
                                         Michael Jacobi
                                         Chief Financial Officer
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

May 31, 2006 Clifford W. Taylor, Chief Justice
Michael F. Cavanagh Elizabeth A. Weaver 130166 & (18) Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 130166 COA: 262284 Wayne CC: 01-005308-01 DAMON D. HUDSON, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, th e application for leave to a ppeal the December 6, 2005 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishing entitlement to re lief under MCR 6.508(D). The motion to remand is DENIED.

K ELLY , J., would, in lieu of this Court’s or der denying the application for leave to appeal, direct the defendant to provide this Court w ith a complete copy of his Presentence Investigation Report.

d0524 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

May 31, 2006

Clerk
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                          10,566
<SECURITIES>                                         0
<RECEIVABLES>                                   25,127
<ALLOWANCES>                                     1,012
<INVENTORY>                                    170,524
<CURRENT-ASSETS>                               212,916
<PP&E>                                         182,585
<DEPRECIATION>                                  58,219
<TOTAL-ASSETS>                                 342,718
<CURRENT-LIABILITIES>                           47,571
<BONDS>                                         80,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        49,937
<OTHER-SE>                                     159,233
<TOTAL-LIABILITY-AND-EQUITY>                   342,718
<SALES>                                        164,239
<TOTAL-REVENUES>                               164,239
<CGS>                                           84,639
<TOTAL-COSTS>                                   84,639
<OTHER-EXPENSES>                                75,282
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,848
<INCOME-PRETAX>                                  1,470
<INCOME-TAX>                                       566
<INCOME-CONTINUING>                                904
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       904
<EPS-BASIC>                                       0.05
<EPS-DILUTED>                                     0.05


</TABLE>
ex10-4.htm


    EXHIBIT
10.4

    


     

    


     

    WAIVER

     

    In consideration for the benefits I
will receive as a result of my employer’s participation in the United States
Department of the Treasury’s TARP Capital Purchase Program, I hereby voluntarily
waive any claim against the United States or my employer for any changes to my
compensation or benefits that are required to comply with the regulation issued
by the Department of the Treasury as published in the Federal Register on
October 20, 2008.

     

    I acknowledge that this regulation may
require modification of the compensation, bonus, incentive and other benefit
plans, arrangements, policies and agreements (including so-called “golden
parachute” agreements) that I have with my employer or in which I participate as
they relate to the period the United States holds any equity or debt securities
of my employer acquired through the TARP Capital Purchase Program.

     

    This waiver includes all claims I may
have under the laws of the United States or any state related to the
requirements imposed by the aforementioned regulation, including without
limitation a claim for any compensation or other payments I would otherwise
receive, any challenge to the process by which this regulation was adopted and
any tort or constitutional claim about the effect of these regulations on my
employment relationship.

     

    IN WITNESS WHEREOF, I have hereunto
signed my name this 23rd day of December, 2008.

     

    
      
        
          
            
              	 
      	
                      /s/ Anthony Giordano,
III

                    
	 
      	
                      Anthony
      Giordano,
III
CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM




We
consent to the incorporation by reference in Registration Statements
(No. 333-157417, 333-140238 and 333-104105) on Form S-8 and
Registration Statements (No. 333-148779, 333-146691 and 333-138405) on
Form S-3 of Senesco Technologies, Inc. and Subsidiary of our report
dated September 25, 2009 relating to our audit of the consolidated
financial statements, which appears in this Annual Report on Form 10-K of
Senesco Technologies, Inc. and Subsidiary for the year ended June 30,
2009.  Our report dated September 25, 2009 relating to the
consolidated financial statements includes an emphasis paragraph relating to an
uncertainty as to the Company’s ability to continue as a going
concern.






/s/
MCGLADREY & PULLEN, LLP


New York,
New York




September 25,
2009
Second Standstill Letter dated December 30, 2008.



 Exhibit 10.4 
 Citibank (South Dakota), N.A. 
 701 East 60th Street North 
 Sioux Falls, SD 57117 
 December 30, 2008 
 Office Depot, Inc. 
 2200 Old Germantown Road 
 Delray Beach, Florida 33445 
 Attn. Senior Vice President Finance/Controller

  

	Re:	Amended and Restated Merchant Services Agreement dated as of February 1, 

 2004 by and between Office Depot, Inc. and Citibank (South Dakota), N.A. 
 Dear Senior Vice President Finance/Controller:

 Reference is made to your letter of December 28, 2008 relative to the Amended and Restated Merchant Services Agreement dated as of February 1, 2004 by
and between Office Depot, Inc. (“Office Depot”) and Citibank (South Dakota), N.A. (“Citi”), as amended (the “Agreement”). Further reference is made to the Material Adverse Change in the condition of Company under the
Agreement resulting from the December 15, 2008 rating downgrade of Office Depot’s senior unsecured debt by Standard & Poors (the “MAC Event”). In your letter, you requested a limited standstill of Citi’s right to
terminate the Agreement and cause Office Depot to purchase the program Assets due to the MAC Event. 
 Based upon the commitments contained in your December
28, 2008 letter, Citi hereby agrees that it shall not, until the close of business on March 31, 2009, terminate the Agreement and require Office Depot to purchase the program Assets as a result of the MAC Event. 








 Office Depot, lnc. 
 December 30, 2008 
 Page 2 
  

 By this letter, Citi does not waive and has not waived any default by Office Depot under the Agreement other than
Citi’s limited stand still as set forth herein, and Citi expressly reserves all of our rights to take any and all actions, and exercise any and all remedies at any time under the Agreement and under applicable law except as expressly limited
herein. 
  

			
	Very truly yours,
	
	Citibank (South Dakota), N.A.
		
	By:	 	 



	Name:	 	
	Title:	 	

 

 
  

	cc:	Office Depot, Inc. 

 2200 Old Germantown Road 

Delray Beach, Florida 33445 
 Attn. Sr.
Manager – Customer Programs 
 Office Depot, Inc. 
 2200 Old Germantown Road 
 Delray Beach, Florida 33445 
 Attn. Office of General Counsel
**Exhibit 32.1**

**The following certification is furnished pursuant to therequirements of the Securities and Exchange Commission and shall not be deemed “filed”for the purposes of Section 18 of the Securities Exchange Act of 1934, orotherwise subject to the liability of that section.  Such certification shall not be deemedincorporated by reference into any filing under the Securities Act of 1933 orthe Securities Exchange Act of 1934, except to the extent that such certificationis specifically incorporated by reference by the registrant.**

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

Inconnection with the Quarterly Report of Metro One Telecommunications, Inc. (the“Company”) on Form 10-Q for the period ending March 31, 2007 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, GaryE. Henry, Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002,that:

(1) TheReport fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

(2) Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| Date:   May 15, 2007 | /s/ Gary E. Henry                            |   |
|--------------------------------|----------------------------------------------|--------|
|                           | Gary E. Henry                                |
|                           | President and Chief  Executive Officer       |
|                           | (Principal  Executive and Financial Officer) |

 

1

----
856 A.2d 830

#### Louis GOMEZ, Appellant, v. Jeffery A. BEARD, Secretary Pennsylvania Department of Corrections and William Ward, Chairman, Pennsylvania Board of Probation and Parole, Appellees.

Supreme Court of Pennsylvania.

Sept. 3, 2004.

*ORDER*

PER CURIAM.

AND NOW, this 3rd day of September, 2004, probable jurisdiction is noted and the order appealed is affirmed.
855 A.2d 762

#### COMMONWEALTH of Pennsylvania, Appellant, v. Elbyn RODRIGUEZ, Appellee.

Supreme Court of Pennsylvania.

Submitted Jan. 13, 2004.

Decided Aug. 18, 2004.

Janna Rae Steinruck, for Com. of Pa.

Elbyn Rodriguez, for Elbyn Rodriguez,

Before CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, BAER, JJ.

*ORDER*

PER CURIAM.

AND NOW, this 18th day of August, 2004, the order of the Lancaster County Court of Common Pleas is reversed insofar as it declared the Registration of Sexual Offenders Act unconstitutional, and the case is remanded for further proceedings. *See Commonwealth v. Williams,*574 Pa. 487, 832 A.2d 962 (2003); *Commonwealth v. Maldonado,*576 Pa. 101, 838 A.2d 710 (2003).

Justice EAKIN did not participate in the consideration or decision of this case.