alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Appeal Reinstated, Appeal Dismissed , and Memorandum Opinion filed March

3, 2020

.

In The



## Fourteenth Court of Appeals

NO. 14

- 16

- 00376

- CV

IRAJ S. JABBARY, ABC DENTISTRY PASADENA PA, ABC DENTISTRY OLD SPANISH TRAIL PL LC, ABC DENTISTRY WEST OREM PLLC, ET AL , Appellant s
V. SAEED ROHI DDS, EX R EL STATE OF TEXAS , Appellee

On Appeal from the 281st District Court

Harris County, Texas Trial Court Cause No. 2014

- 41707

MEMORANDUM OPINION
This is an appeal from a judgment signed May 6, 2016 . On September 8, 2016
,

we abated this appeal because appellant ABC Dentistry, P.A. petitioned for voluntary bankruptcy in the United States Bankruptcy Court for the Southern District of Texas, under caus e number 16

- 34221. See Tex. R. App. P. 8.2. Through the Public Access to Court Electronic Records (PACER) system, the court has2

learned that the bankruptcy case was closed February 22, 2019

. On January 23, 2020 , this court issued an order stating that the appeal would be reinstated and dismissed for want of prosecution unless on or before February 12, 2020, any party to the appeal filed a motion demonstrating good cause to retain this appeal. No motion or other response was filed.
Accordingly, we reinstate the appeal and dismiss it for want of prosecution

. PER CURIAM

Panel consists of Chief Justice Frost and Justices Christopher and Bourliot

.
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM THE SEPTEMBER 30, 1998
QUARTERLY REPORT ON FORM 10-Q FOR HAMILTON BANCORP INC. AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          23,967
<INT-BEARING-DEPOSITS>                         181,844
<FED-FUNDS-SOLD>                                73,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     54,474
<INVESTMENTS-CARRYING>                          30,351
<INVESTMENTS-MARKET>                            30,289
<LOANS>                                      1,202,013
<ALLOWANCE>                                     10,308
<TOTAL-ASSETS>                               1,663,085
<DEPOSITS>                                   1,466,328
<SHORT-TERM>                                     6,116
<LIABILITIES-OTHER>                             74,619
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           100
<OTHER-SE>                                      58,314
<TOTAL-LIABILITIES-AND-EQUITY>               1,663,085
<INTEREST-LOAN>                                 77,640
<INTEREST-INVEST>                                3,295
<INTEREST-OTHER>                                 8,527
<INTEREST-TOTAL>                                89,463
<INTEREST-DEPOSIT>                              50,161
<INTEREST-EXPENSE>                              50,592
<INTEREST-INCOME-NET>                           38,871
<LOAN-LOSSES>                                    7,121
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                 19,132
<INCOME-PRETAX>                                 25,612
<INCOME-PRE-EXTRAORDINARY>                      25,612
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    16,144
<EPS-PRIMARY>                                        2
<EPS-DILUTED>                                        2
<YIELD-ACTUAL>                                       4
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                10,317
<CHARGE-OFFS>                                    7,343
<RECOVERIES>                                       213
<ALLOWANCE-CLOSE>                               10,308
<ALLOWANCE-DOMESTIC>                             3,080
<ALLOWANCE-FOREIGN>                              7,228
<ALLOWANCE-UNALLOCATED>                         10,308
        

</TABLE>
CERTIFICATION OF CHIEF FINANCIAL OFFICER
                          OF CORPORATE GENERAL PARTNER

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

The  undersigned,  Robert A. Bourne,  the  President and Treasurer of CNL Realty
Corporation,  the corporate  general  partner of CNL Income Fund XIII, Ltd. (the
"Partnership"),  has executed this  certification  in connection with the filing
with the  Securities  and Exchange  Commission  of the  Partnership's  Quarterly
Report on Form 10-Q for the period ending September 30, 2003 (the "Report"). The
undersigned hereby certifies 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 Partnership.

Date:  November 12, 2003                     /s/ Robert A. Bourne
                                             ----------------------------
                                             Name:  Robert A. Bourne
                                             Title: President and Treasurer

                                             A signed  original of this  written
                                             statement  required  by Section 906
                                             has  been  provided  to CNL  Income
                                             Fund   XIII,   Ltd.   and  will  be
                                             retained  by CNL Income  Fund XIII,
                                             Ltd.    and    furnished   to   the
                                             Securities and Exchange  Commission
                                             or its staff upon request.
#### J. Samuel et al. *v.*Hugh M. Crowell.

Land — Partition—Agreed Time — Long Acquisenec — Mistake.

Where the owners of land agree upon a partition line and each occupy their respective parcels up to that line for a long time by themselves and vendees, a court of epuity will not disturb it, although there might have been a mistake in the written evidence of the partition.

APPEAL FROM CRITTENDEN CIRCUIT COURT.

October 3, 1867.

Harlan, *for appellant.*

*D. H.*Hughes, *for appellee.*

Opinion of the Court by

Judge Peters:

The bond under which appellants claim is dated in 1843. Sub-' sequent to its date appellee, and Tudor, as is proved by several witnesses, divided the tract by a line which was acceptable to both, and each occupied their respective parcels up to that line, and in 1849 Tudor sold and conveyed his part of the tract to Hubbard, as appears from a copy of the conveyance filed as an exhibit in 1he case.

Prom the foregoing facts and circumstances, together with the long acquiescence of the parties, for this action was not brought until March, 1860, we cannot doubt that there was a mistake in reducing the contract of the parties to writing, and that they afterwards corrected that mistake themselves by agreeing upon a line of partition.

The judgment requires Crowell to convey the land to Tudor’s vendee. Whereby he will get title to all the land to which Tudor was entitled under his contract.

The rights of the parties are properly adjudicated, and adjusted according to their contract as we understand it. And the judgment is therefore *affirmed.*
LCRD

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Demostración de relés de comunicaciones láser
<PAGE>

                                                                    EXHIBIT 99.2

                      PEDIATRIC SERVICES OF AMERICA, INC.
              ANNOUNCES DELISTING FROM THE NASDAQ SMALLCAP MARKET

      Norcross, Georgia--May 15, 2000--Pediatric Services of America, Inc.
(NASDAQ: PSAI) today announced that effective as of the opening of trading today
the Company's stock will not be listed on The Nasdaq SmallCap Market but will
trade on the OTC Bulletin Board. The stock symbol will remain the same. The
Nasdaq Listing Qualifications Panel determined that the common stock failed to
meet the minimum requirements for continued listing on The Nasdaq SmallCap
Market, and the Company's appeal of the Panel's determination was denied. The
Company may request that the Nasdaq Listing and Hearing Review Council review
the Panel's decision, although a review would not suspend the Panel's decision.

     The OTC Bulletin Board is a regulated quotation service that displays
real-time quotes and last-sale price and volume information in over-the-counter
equity securities. Information about the OTC Bulletin Board is available on the
Internet at http://www.otcbb.com.
            --------------------

     Additionally, the Company will announce prior to the close of trading today
the financial results for the quarter ended March 31, 2000.

     PSAI provides a board range of pediatric health care services and
equipment through a network of 103 branch offices in 24 states.

     Except for any historical information contained herein, the matters
discussed in this press release contain forward-looking statements that involve
risks and uncertainties which are described in PSAI's SEC reports, including
PSAI's Annual Report on Form 10-K for the year ended September 30, 1999 and
Quarterly Report on Form 10-Q for the quarter ended December 31, 1999.

Contact:  Pediatric Services of America, Inc.
          Joseph D. Sansone or
          James M. McNeill
          (770) 441-1580
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2019 Introduced in Senate (IS)]

108th CONGRESS
  2d Session
                                S. 2019

   To amend the Internal Revenue Code of 1986 to restore equity and 
   complete the transfer of motor fuel excise taxes attributable to 
motorboat and small engine fuels into the Aquatic Resources Trust Fund, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2004

 Mr. Breaux (for himself and Mr. Lott) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To amend the Internal Revenue Code of 1986 to restore equity and 
   complete the transfer of motor fuel excise taxes attributable to 
motorboat and small engine fuels into the Aquatic Resources Trust Fund, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sportfishing and Boating Equity Act 
of 2004''.

SEC. 2. ALL MOTOR FUEL EXCISE TAXES ATTRIBUTABLE TO MOTORBOAT AND SMALL 
              ENGINE FUELS AVAILABLE FOR TRANSFER TO AQUATIC RESOURCES 
              TRUST FUND.

    (a) In General.--Paragraph (4) of section 9503(b) of the Internal 
Revenue Code of 1986 is amended by striking subparagraph (D) and by 
redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), 
respectively.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxes received in the Treasury after September 30, 2003.
                                 <all>
```
**Exhibit 31.2**

**SECTION 302 CERTIFICATION**

**Of Interim Chief Financial Officer**

In connection with the Annual Report of eDiets.com, Inc. (the “Company”) on Form 10-K for the year ended December 31, 2007, as filed withthe Securities and Exchange Commission on the date hereof, I, Carla Cox, the Interim Chief Financial Officer of the Company, certify, pursuant to Rule 13a-14(a) of the Securities Exchange Act of 1934, that: 

1. I have reviewed the Annual Report on Form 10-K of the Company for the year ended December 31, 2007; 

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this report; 

4. The registrant’s other certifying officer and I are responsiblefor establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

(a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, includingits consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

(b) evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and 

(c) disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting; and 

5. The registrant’s other certifying officerand I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and audit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): 

(a) all significant deficiencies and material weaknesses in the design or operation of internal control over financialreporting which are reasonably likely 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 other employees who have a significant role in the registrant’s internal control over financial reporting. 

Date: March 12, 2008
Order entered August 15 , 2016

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 16
- 00682
- CV SUSAN ANN FISHER, Appellant

V. MEDICAL CENTER OF PL ANO, ET AL. , Appellee s On Appeal fro m the 296th Judicial District Court

Collin County, Texas Trial Court Cause No. 296
- 01240
- 2016



### O RDER Before Justices Lang

- Miers, Evans, and Stoddart Before the Court are the following motions filed by appellant:
1. Motion to Modify the Order

- filed Augus t 1, 2016;
2. Supplemental Motion for Review of Order on Contest and Request for Rehearing on Order Sustaining Contest of Indigence of Susan Ann Fisher and Request for Extension of Time to File Response to Order and Memorandum

- filed August 1, 2016;
3. Ap pellant’s Motion for a Security Bond For Jury Trial

- filed August 3, 2016; and
4. Supplement to the Appellant’s Motion for a Security Bond for Jury Trial

- filed August 9, 2016.We construe the August 1, 2016 motions as a motion for rehearing of this Cou rt’s July 29, 2016

opinion and order affirming the trial court’s order sustaining the contests to appellant’s affidavit of indigence. We DENY the motion.
We DENY appellant’s motion for a security bond for jury trial as supplemented.
The deadlines set fo rth in this Court’s July 29, 2016 order remain in force.
/s/ ELIZABETH LANG

- MIERS JUSTICE
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#### The People of the State of New York, Respondent, v Charles Johnson, Appellant.

[788 NYS2d 360]

*435Judgment, Supreme Court, New York County (Bernard J. Fried, J.), rendered April 3, 2003, convicting defendant, after a jury trial, of attempted robbery in the first degree, and sentencing him, as a second felony offender, to a term of TVs years, unanimously affirmed.

The court properly precluded defendant from establishing that, in response to a pedigree question during arrest processing, he stated that he was left-handed. This constituted hearsay, offered for its truth, and there was no applicable hearsay exception *(see People v Reynoso,*73 NY2d 816, 819 [1988]). To the extent that defendant is raising a constitutional claim, such claim is unpreserved and without merit. While defendant claims that his alleged left-handedness was material to his defense, there was nothing to prevent him from offering competent evidence on that subject. Concur—Tom, J.P., Andrias, Saxe, Marlow and Nardelli, JJ.