alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### K.E.L. TITLE INSURANCE AGENCY, INC., Appellant, v. CIT TECHNOLOGY FINANCING SERVICES, INC., Appellee.

No. 5D09-3081.

District Court of Appeal of Florida, Fifth District.

April 8, 2011.

Mark A. Skipper, Orlando, for Appellant.

Diane N. Wells of Devine Goodman Ras-co & Wells, Miami, for Appellee.

COHEN, J.

Appellant, K.E.L. Title Insurance Agency, Inc., challenges the entry of summary judgment in favor of Appellee, CIT Technology Financing Services, Inc. While two *370issues were raised on appeal, only one merits discussion: whether Appellant’s affidavit raised a genuine issue of material fact, precluding summary judgment.

Appellant entered into two lease agreements with Appellee for the purchase of digital imaging equipment. After Appellant defaulted on payment, Appellee filed suit and later moved for summary judgment. In support of its affirmative defense that Appellee materially breached the contract by failing to comply with its service agreement, Appellant filed a sworn affidavit asserting the existence of a service agreement with a third party that was an agent of Appellee. This affidavit is contradicted by the explicit terms of the lease agreements which stated Appellant was responsible for any service or maintenance and the supplier was not Appellee’s agent. Despite Appellant’s sworn affidavit, the trial court granted Appellee summary judgment after determining no genuine issues of material fact existed.

Notwithstanding Appellant’s argument to the contrary, the trial court did not err in granting summary judgment because Appellant’s affidavit was merely concluso-ry in nature and insufficient to raise a genuine issue of material fact. *See Landers v. Milton,*370 So.2d 368, 370 (Fla.*1979)*(holding conclusory affidavits inadequate to create issue of fact); *Valderrama v. Portfolio Recovery Assocs., LLC,*972 So.2d 239, 239 (Fla. 3d DCA 2007).

Accordingly, the final summary judgment is affirmed.

AFFIRMED.

GRIFFIN and TORPY, JJ„ concur.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7193 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 7193

  To amend the VA MISSION Act of 2018 to expand the veterans healing 
    veterans medical access and scholarship program to include more 
                         students and schools.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 29, 2018

Miss Gonzalez-Colon of Puerto Rico introduced the following bill; which 
           was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
  To amend the VA MISSION Act of 2018 to expand the veterans healing 
    veterans medical access and scholarship program to include more 
                         students and schools.

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

SECTION 1. VETERANS HEALING VETERANS MEDICAL ACCESS AND SCHOLARSHIP 
              PROGRAM.

    Section 304 of the VA MISSION Act of 2018 (Public Law 115-182; 38 
U.S.C. 7601 note) is amended--
            (1) in subsection (a), by striking ``18 eligible veterans'' 
        and inserting ``28 eligible veterans''; and
            (2) in subsection (g)--
                    (A) in the subsection heading, by striking 
                ``Covered Medical Schools'' and inserting 
                ``Definitions'';
                    (B) in paragraph (1), by redesignating 
                subparagraphs (A) through (E) as clauses (i) through 
                (v), respectively (and by moving such clauses two ems 
                to the right);
                    (C) by redesignating paragraphs (1) through (5) as 
                subparagraphs (A) through (E), respectively (and by 
                moving such subparagraphs two ems to the right);
                    (D) by striking ``section, the term'' and inserting 
                the following: ``section:
            ``(1) Covered medical school.--The term''; and
                    (E) by adding at the end the following:
                    ``(F) University of Puerto Rico School of Medicine.
                    ``(G) Universidad Central del Caribe School of 
                Medicine.
                    ``(H) San Juan Bautista School of Medicine.
                    ``(I) Ponce Health Sciences University.
                    ``(J) University of Texas Health Sciences Center at 
                San Antonio.
            ``(2) State.--The term `State' has the meaning given that 
        term in section 101 of title 38, United States Code.''.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000920941
<NAME> RED ROOF INNS, INC
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JAN-01-2000
<PERIOD-START>                             JAN-03-1999
<PERIOD-END>                               JUL-03-1999
<CASH>                                           4,456
<SECURITIES>                                         0
<RECEIVABLES>                                   16,181
<ALLOWANCES>                                     1,515
<INVENTORY>                                     12,171
<CURRENT-ASSETS>                                38,161
<PP&E>                                         976,195
<DEPRECIATION>                                 134,559
<TOTAL-ASSETS>                                 967,966
<CURRENT-LIABILITIES>                           60,667
<BONDS>                                        495,362
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           286
<OTHER-SE>                                     378,990
<TOTAL-LIABILITY-AND-EQUITY>                   967,966
<SALES>                                              0
<TOTAL-REVENUES>                               192,381
<CGS>                                                0
<TOTAL-COSTS>                                   96,697
<OTHER-EXPENSES>                                45,687
<LOSS-PROVISION>                                   474
<INTEREST-EXPENSE>                              23,088
<INCOME-PRETAX>                                 26,990
<INCOME-TAX>                                    10,666
<INCOME-CONTINUING>                             16,324
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    16,324
<EPS-BASIC>                                        .60
<EPS-DILUTED>                                      .60


</TABLE>
##### 



Exhibit 32.2 LIBERTY PROPERTY TRUST CERTIFICATIONS REQUIRED BY
RULE 13a-14(b) UNDER THE SECURITIES EXCHANGE ACT OF 1934 
 In connection with the Quarterly Report of Liberty Property Trust (the Company) on Form 10-Q
for the quarterly period ended March 31, 2005, as filed with the Securities and Exchange Commission
on the date hereof (the Report), I, GEORGE J. ALBURGER,
JR., Executive Vice President and Chief Financial Officer of the
Company, certify, in connection with Rule 13a-14(b) under the
Securities Exchange Act of 1934, as amended , that based on 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 result of operations of the Company. /s/
GEORGE J. ALBURGER, JR.George J. Alburger, Jr.Executive Vice President and Chief Financial Officer
 Date: May 6, 2005
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000920941
<NAME> RED ROOF INNS, INC.
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-03-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   17,653
<ALLOWANCES>                                     1,515
<INVENTORY>                                      5,824
<CURRENT-ASSETS>                                28,652
<PP&E>                                         934,871
<DEPRECIATION>                                   7,038
<TOTAL-ASSETS>                               1,311,119
<CURRENT-LIABILITIES>                           88,831
<BONDS>                                        521,227
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     617,000
<TOTAL-LIABILITY-AND-EQUITY>                 1,311,119
<SALES>                                              0
<TOTAL-REVENUES>                               300,952
<CGS>                                                0
<TOTAL-COSTS>                                  149,558
<OTHER-EXPENSES>                                58,582
<LOSS-PROVISION>                                   682
<INTEREST-EXPENSE>                              31,947
<INCOME-PRETAX>                                 60,850
<INCOME-TAX>                                    24,517
<INCOME-CONTINUING>                             36,333
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    36,333
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
#### Larry James BARBER, Appellant, v. FLORIDA PAROLE COMMISSION, and Walter A. McNeil, Secretary, Florida Department of Corrections, Appellees.

No. 1D10-5955.

District Court of Appeal of Florida, First District.

Jan. 13, 2011.

Rehearing Denied March 18, 2011.

Larry James Barber, pro se, Appellant.

No appearance for Appellees.

PER CURIAM.

DISMISSED. *See Miami-Dade County v. Peart,*843 So.2d 363 (Fla. 3d DCA 2003). Any remedy the appellant may have lies with the circuit court. *See generally Snelson v. Snelson,*440 So.2d 477 (Fla. 5th DCA 1983).

BENTON, C.J., VAN NORTWICK and ROBERTS, JJ., concur.
#### Freddie Davis MATTHEWS *v.*STATE of Arkansas

CR 98-436

970 S.W.2d 266

Supreme Court of Arkansas

Opinion delivered June 11, 1998

*579
      *Rick Woods,*for appellant.

No response.

Per Curiam.

Appellant Freddie Davis Matthews was convicted of a Class-Y felony. Appellant filed in the trial court a petition for postconviction relief pursuant to Ark. R. Crim. P. 37. On February 9, 1998, the trial court denied appellant’s petition. Appellant filed a notice of appeal and designation of record on February 24, preserving his right to appeal the denial of his petition. Also on February 24, appellant’s counsel, Rick Woods, filed a motion for leave to withdraw appearance as counsel, which the trial court granted on March 3. Mr. Woods forwarded to appellant a notice of filing of appeal and the transcript from the Rule 37 hearing on April 20.

Now Mr. Woods has filed in this court a motion for leave to withdraw appearance as counsel on behalf of his client in order to refieve him from representation due to the fact that Mr. Woods has a jury trial on June 1 and 2 that prevent him from adequately representing appellant in this appeal. We find this reason insufficient cause for granting this motion to withdraw as counsel.

Rule 16 of our Criminal Rules of Appellate Procedure provides as follows:

> Trial counsel, whether retained or court appointed, shall continue to represent a convicted defendant throughout any appeal to the Arkansas Supreme Court, unless permitted by the trial court or the Arkansas Supreme Court to withdraw in the interest of justice or for other sufficient cause.

*580Ark. R. App. P.—Criminal 16 (1998); *see also*Ark. Sup. Ct. R. 4-3(j)(1) (1998); *Jackson v. State,*325 Ark. 27, 923 S.W.2d 280 (1996). Rule 16 applies to appeals of orders denying post-conviction relief as well. *Sanders v. State,*329 Ark. 363, 952 S.W.2d 133 (1997). Once a notice of appeal is filed with the circuit clerk, only the appeals court may relieve counsel of the obligation to proceed with the appeal. *Jackson,*325 at 28, 923 S.W.2d at 281.

Mr. Woods requests permission to withdraw from representing appellant due to a conflict, a jury trial on another client’s felony charge that was scheduled for June 1-2, 1998. Mr. Woods contends that his preparation for this trial would render him unable to effectively assist appellant in bringing this appeal. We do not find this sufficient cause to relieve him of his responsibility now that the appeal has been filed.

The present motion for leave to withdraw appearance as counsel is denied. An appropriate briefing schedule shall be set by the clerk of this court.
Fourth Court of Appeals

San Antonio, Texas

December 19, 2013

No. 04-13-00666-CV

IN THE MATTER OF A.K.A,

From the 289th Judicial District Court, Bexar County, Texas

Trial Court No. 2012JUV01430

The Honorable Carmen Kelsey, Judge Presiding

O R D E R

The reporter’s record was due to be filed with this court on November 26, 2013. See

TEX. R. APP. P. 35.1. On December 12, 2013, court reporter Monica Crawford filed a 

notification of late reporter’s record. The notification requested an extension of time to file the 

record until January 6, 2014, for an extension of forty-one days.

The request is GRANTED IN PART. The reporter’s record must be filed with this court 

by December 27, 2013. See id. R. 35.3(c) (limiting an extension in an ordinary appeal to thirty 

days).

If the reporter’s record is not filed with this court by December 27, 2013, any requests for 

additional time to file the record must be accompanied by a signed, written status report. The 

report must describe the transcript by day with the date, description, page counts, and remarks 

for each day. The page counts must include the total number of pages, the number of pages 

edited, proofread, and formatted into the required electronic form (including bookmarks). The 

report may describe any unusual aspects of the record. The report must describe any problems 

the court reporter reasonably believes may delay the completion of the record beyond the 

requested date. A preferred form for the status report, with an accompanying example, is 

attached to this order.

_________________________________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 19th day of December, 2013.

___________________________________

Keith E. Hottle

Clerk of Court
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
 
 The undersigned officer of Summit Properties Inc., the general partner of Summit Properties Partnership, L.P. (the "Operating Partnership"), hereby certifies to his knowledge that the Operating Partnerships annual report on Form 10-K for the period ended December 31, 2003 (the "Report"), as filed with the Securities and Exchange Commission on the date hereof, fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended, and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Operating Partnership.
 
 Date: March 12, 2004
  /S/ Gregg D. Adzema
 Gregg D. Adzema
 Executive Vice President and Chief Financial Officer
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Russell Miller and Juliet Investments, Inc.,

 Appellants,

v.

Darlene Argumaniz, Individually and on 

behalf of Argmil, Inc.,

 Appellee.

'

'

'

'

'

'

No. 08-13-00091-CV

Appeal from the

168th District Court

of El Paso County, Texas 

(TC# 2013DCV1031)

O R D E R

The reporter’s record in the above styled and numbered cause was due July 29, 2013, the 

court having granted a third and final extension of time until such date. As of this date the 

reporter’s record has not been filed. 

It is therefore ORDERED that the trial judge conduct a hearing to determine whether 

appellant has been deprived of a reporter’s record for any reason, including ineffective assistance 

of counsel, and to make appropriate findings and recommendations, which may include 

appointment of new counsel. The record of such hearing, including any orders and findings of 

the trial judge, shall be certified and forwarded to this office on or before September 13, 2013.

IT IS SO ORDERED this 14th day of August, 2013.

PER CURIAM

Before McClure, C.J., Rivera and Rodriguez, JJ.
EXHIBIT 23.1

                        Consent of Independent Auditors
                                  

We consent to the incorporation by reference in the Registration Statement (Form
S-8 No.  333-27555)  pertaining  to the 1997  Stock  Incentive  Plan of  Journal
Register  Company of our report  dated  February  9, 1999,  with  respect to the
consolidated  financial  statements  and  schedule of Journal  Register  Company
included in the Annual  Report (Form 10-K) of Journal  Register  Company for the
year ended December 31, 1998.


                                                  Ernst & Young LLP

MetroPark, New Jersey
March 25, 1999
#### James SHANNON, Petitioner-Appellant, v. Gus HARRISON, Director, et al., Respondents-Appellees.

No. 15776.

United States Court of Appeals Sixth Circuit.

June 17, 1964.

David N. Gorman, Court Appointed, Cincinnati, Ohio (James Shannon, in pro. per., on the brief), for appellant.

James R. Ramsey, Lansing, Mich. (Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Solicitor Gen., James R. Ramsey, Asst. Atty. Gen., Lansing, Mich.), for appellees.

Before CECIL and O’SULLIVAN, Circuit Judges, and BROOKS, District Judge.

ORDER.

This cause came on to be heard before the Court upon the record, the briefs and the oral argument of the Assistant Attorney General of the State of Michigan, .and upon due consideration thereof,

It is ordered that the judgment of the District Court be, and it is, hereby affirmed.
I 

110TH CONGRESS 

1ST SESSION H. R. 1550 

To reduce the reporting and certification burdens for certain financial 

institutions of sections 302 and 404 of the Sarbanes-Oxley Act of 2002. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2007 

Mr. JONES of North Carolina introduced the following bill; which was referred 

to the Committee on Financial Services 

A BILL 

To reduce the reporting and certification burdens for certain 

financial institutions of sections 302 and 404 of the 

Sarbanes-Oxley Act of 2002. 

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 ‘‘Regulatory Relief and 

5 Fairness Act’’. 

6 SEC. 2. CORPORATE RESPONSIBILITY RELATED TO CER7 TAIN FINANCIAL INSTITUTIONS. 

8 Section 302 of the Sarbanes-Oxley Act of 2002 (15 

9 U.S.C. 7241) is amended— 


rwilkins on PROD1PC63 with BILLS
2 

•HR 1550 IH

1 (1) in subsection (a), by striking ‘‘The Commis2 sion’’ and inserting ‘‘Subject to subsection (c), the 

3 Commission’’; 

4 (2) by redesignating subsection (c) as sub5 section (d); and 

6 (3) by inserting after subsection (b) the fol7 lowing new subsection: 

8 ‘‘(c) EXEMPTION FOR CERTAIN FINANCIAL INSTITU9 TIONS.—The Commission’s rules under subsection (a) 

10 shall permit an issuer to elect voluntarily not to provide 

11 the certification in subsection (a) if the issuer is— 

12 ‘‘(1) an insured depository institution, as such 

13 term is defined in section 3(c)(2) of the Federal De14 posit Insurance Act (12 U.S.C. 1813(c)(2)); 

15 ‘‘(2) a bank holding company, as such term is 

16 defined in section 2(a) of the Bank Holding Com17 pany Act of 1956 (12 U.S.C. 1841(a)); or 

18 ‘‘(3) a savings and loan holding company, as 

19 such term is defined in section 10(a)(1)(D) of the 

20 Home Owners’ Loan Act (12 U.S.C. 

21 1467a(a)(1)(D)).’’. 


rwilkins on PROD1PC63 with BILLS
3 

•HR 1550 IH

1 SEC. 3. MANAGEMENT ASSESSMENT OF INTERNAL CON2 TROLS BY CERTAIN FINANCIAL INSTITU3 TIONS. 

4 Section 404 of the Sarbanes-Oxley Act of 2002 is 

5 amended— 

6 (1) in subsection (a), by striking ‘‘The Commis7 sion’’ and inserting ‘‘Subject to subsection (c), the 

8 Commission’’; 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(c) EXEMPTION FOR CERTAIN FINANCIAL INSTITU12 TIONS.—The Commission’s rules under subsection (a) 

13 shall permit an issuer to elect voluntarily not to prepare 

14 and provide the internal control report required by sub15 section (a) if the issuer is— 

16 ‘‘(1) an insured depository institution, as such 

17 term is defined in section 3(c)(2) of the Federal De18 posit Insurance Act (12 U.S.C. 1813(c)(2)); 

19 ‘‘(2) a bank holding company, as such term is 

20 defined in section 2(a) of the Bank Holding Com21 pany Act of 1956 (12 U.S.C. 1841(a)); or 

22 ‘‘(3) a savings and loan holding company, as 

23 such term is defined in section 10(a)(1)(D) of the 

24 Home Owners’ Loan Act (12 U.S.C. 

25 1467a(a)(1)(D)).’’. 

Æ 


rwilkins on PROD1PC63 with BILLS
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                           2,302
<SECURITIES>                                         0
<RECEIVABLES>                                   96,320
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                98,622
<PP&E>                                       7,115,383
<DEPRECIATION>                               1,498,691
<TOTAL-ASSETS>                               5,719,639
<CURRENT-LIABILITIES>                           26,347
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 5,719,639
<SALES>                                        139,726
<TOTAL-REVENUES>                               141,954
<CGS>                                           50,553
<TOTAL-COSTS>                                  123,566
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 18,388
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             18,388
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    18,388
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### Dwight EVERETT, Appellant, v. STATE of Florida, Appellee.

No. 4D08-1349.

District Court of Appeal of Florida, Fourth District.

Aug. 4, 2010.

Rehearing Denied Oct. 14, 2010.

*149Carey Haughwout, Public Defender, and David John MePherrin, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

*Affirmed. See Welling v. State,*975 So.2d 1254 (Fla. 4th DCA 2008).

GROSS, C.J., WARNER and CIKLIN, JJ., concur.