alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## In The Court of Appeals Seventh District of Texas at Amarillo

No. 07 - 13 - 00046 - CR GERALD RAY BARROW, A PPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the County Court Hale County, Texas Trial Court No. 2012C - 427, Honorable Bill Coleman, Presiding



### May 14 , 2013 ORDER OF ABATEMENT Before CAMPBELL and HANCOCK and PIRTLE, JJ. Appellant Gerald Barrow filed a notice of appeal challenging his conviction and sentence for family violence assault causing bodily injury. He also filed in the trial court a motion for new trial, and by order signed April 17, 2013, the trial court grante d appellant’s motion for new trial. In a letter to the parties, we questioned our continuing appellate jurisdiction in the case. Appellant responded with a motion requesting we abate the appeal until after the deadline for the State to file a notice of a ppeal from the2

trial court’s order or the disposition of the State’s appeal. On May 3, 2013, the State filed a notice of appeal. See State v. Barrow, No. 07 - 13 - 0147 - CR. We therefore abate this appeal, case number 07 - 13 - 0046 - CR, until reinstated by orde r of this Court. See Mathews v. State, No. 05 - 11 - 00490 - CR, No. 05 - 11 - 00491 - CR, No. 05 - 11 - 00492 - CR, No. 05 - 11 - 00493 - CR, 2013 Tex. App. Lexis 3089 (Tex.App. -- Dallas Mar. 21, 2013, n.p.h.) (mem. op., not designated for publication) (abating defendant’s appea ls during pendency of State’s appeals of orders granting new trials). It is so ordered. Per Curiam Do not publish.
#### W. A. Howard *v.*Sol MoCollam.

Lands and Conveyances — Deeds.

A deed of conveyance, containing an individed one-seventh part of a tract of and, of which the vendor was heir, and supposed to contain 165 acres, .will not be set aside, though upon the allottment, only 145 acres was found to be the vendors portion.

Same — Equity.

A court of equity will not rescind such a deed upon the ground of misrepresentation, holding that the “one-seventh,” was all that was conveyed.

APPEAL FROM LOUISVILLE CHANCERY COURT.

February 8, 1870.

Opinion of the Court by

Judge Robertson:

On the 4th of November, 1865, the appellant and his wife, in *517consideration of a house and lot in the city of Louisville, and of $500 in money, $300 of which -was then paid, conveyed to the appellee by deed of general warranty, her title as heir of her father to one undivided seventh part of a tract of land in Union county, Kentucky. Covenanted to procure a partition allotting her portion by definite boundaries and then to make a supplemental deed conveying that allotment in severalty supposed to contain 165 acres.

*Marshall, for appellant.*

*Stirman, for appellee.*

And, *on the 16th of December, 1865,*the appellee brought this suit in equity seeking a rescission of that contract, on the alleged ground of want of title to the Union land, and of the appellant’s insolvency.

The appellant denied the alleged insolvency, exhibited proof of partition allotting to his wife her seventh, containing 145 acres, and tendered another deed by himself and wife for the 145 acres so allotted to her.

The appellant exhibited a long concatenation of documentary title from the Commonwealth down to his wife’s father, with only two questionable links apparently perfected by the lapse of sixty years without any disturbance of possession, or question as to the derivative title. And the appellee neither specifies any defect of title nor alleges any apprehension of eviction, or of danger of disturbance, nor attempts to prove the imputed insolvency.

The contract was executed so far as to pass to-the appellee the title of the appellant and wife to her one-seventh, and without pretense of insolvency affecting the legal remedy on the warranty, or of fraud or misrepresentation. Equity cannot rescind the contract or anticipate eviction. The fact that Mrs. Howard’s interest, when separately allotted and defined, was less in quantity of acres than estimated without regard to quality and value, is no ground of complaint, it is one-seventh in value, and that is what was contemplated by the contract.

It seems to us, therefore, that the appellee was premature in his action, that he ought to have accepted the supplemental conveyance as tendered, and consequently that the chancellor erred in decreeing a rescission of the contract.

Wherefore, the judgment is reversed and the cause remanded for further proceedings consitsent with the foregoing opinion.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Company's consolidated financial statements included in the Company's Quarterly
Report on Form 10-Q and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000
           
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                         272,022
<SECURITIES>                                         0
<RECEIVABLES>                                  207,153
<ALLOWANCES>                                    (1,651)
<INVENTORY>                                          0
<CURRENT-ASSETS>                               510,889
<PP&E>                                          31,718
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 951,809
<CURRENT-LIABILITIES>                          179,547
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            44
<OTHER-SE>                                     766,096
<TOTAL-LIABILITY-AND-EQUITY>                   951,809
<SALES>                                        265,741
<TOTAL-REVENUES>                               265,741
<CGS>                                          207,280
<TOTAL-COSTS>                                  207,280
<OTHER-EXPENSES>                                34,470
<LOSS-PROVISION>                                     0 
<INTEREST-EXPENSE>                              (4,060)
<INCOME-PRETAX>                                 28,051
<INCOME-TAX>                                    11,412
<INCOME-CONTINUING>                             16,639
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    16,639
<EPS-PRIMARY>                                      .38
<EPS-DILUTED>                                      .37
              

</TABLE>
#### William P. Turpin et al *v.*William Bethel et al.

Actions — Records of Other Suits — When to he Filed.

It is immaterial whether the papers in a suit competent to he used on the trial of another cause pending in the same court he filed before or after the trial is commenced.

APPEAL FROM LARUE CIRCUIT COURT.

February 27, 1869.

Opinion of the Court by

Judge Peters:

The record of the suit of the Commercial Bank of *Kentucky vs. Clagett, etc.,*was certainly competent, and it being in the office of the clerk of the court in which this action was pending, *398Turpin and others could have inspected it at any time, and it was not material whether the papers of that suit were filed in this before, or after, the trial commenced.

*Cofer & Wintersmith, for appellants.*

*Read &*Murray, *for appellees.*

Turpin denies any information as to whether Bethel had paid the money to the bank; but does not deny the execution of the receipt for and transfer, of the debt to appellee, as endorsed on the petition. And Bedford neither denies the payment of the money, nor the execution of the receipt, proof of its execution was therefore, not necessary, because it was not denied.

Upon the merits the opinion of the circuit judge is exhaustive, and his reasons for the judgment so clear and satisfactory for subjecting the house and lot, that we feel that we cannot do better than to adopt it as the opinion of this court. The amount for which Turpin -may be ultimately. responsible is not settled by the judgment, that question is left open for further investigation and adjudication.

Judgment *affirmed.*
#### Andrew Cox *v.*Holloway & Burton.

Bills and Notes — Promise of Payee to Secure Additional Sureties.

Though a note he delivered, with the understanding, that another is to sign it, it is obligatory on those signing, if the additional surety be not secured.

Same.

Where such additional surety is not secured, an action for damages to the ones signing, will lie, for failure to thus secure additional names.

APPEAL FROM WHITLEY CIRCUIT COURT.

September 21, 1869.

*Wilson & Rodman, for appellant.*

Opinion of the Court by

Judge Williams:

The answer does not allege that it was agreed between appellant and appellees, or either of them, that the notes signed by appellant as the surety of Early payable to appellees were only to be binding upon condition that the two Kings were to sign them also, but the averment is that Early represented to him in the presence of one of the appellees that the Kings would also sign it.

As heretofore decided by this court, a note cannot be delivered to the payee as an *encrow,*and therefore if it be so delivered, even with the understanding that another is to sign it, still it is obligatory on those delivering, whether, the others ever sign it or not, but if the payee undertakes that others shall be procured, he will be liable in damages to the surety whose name appears for not obtaining the additional names, which may be set up as a counter^ claim to a suit on the notes.

In this case, however, there is not sufficient evidence that either of appellees undertook that the Kings or any one else, should also sign the notes as surety.

Wherefore the judgment is *affirmed*without damages, no supersedeas appearing.
Exhibit 99.1
                                 CERTIFICATION
                                       OF
               CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER


I, C.E. RICK STRATTAN, certify that:

1. I have reviewed this annual report on Form 10-KSB of CTD HOLDINGS, INC.;

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

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

4. I am responsible for  establishing  and maintaining  disclosure  controls and
procedures  (as  defined  in  Exchange  Act Rules  13a-14  and  15d-14)  for the
registrant and have:

     a) designed such disclosure controls and procedures to ensure that material
     information   relating  to  the  registrant,   including  its  consolidated
     subsidiaries,  is  made  known  to  me by  others  within  those  entities,
     particularly  during  the  period  in which  this  annual  report  is being
     prepared;

     b) evaluated the effectiveness of the registrant's  disclosure controls and
     procedures  as of a date  within 90 days prior to the  filing  date of this
     annual report (the "Evaluation Date"); and

     c) presented in this annual report my conclusions  about the  effectiveness
     of the disclosure  controls and procedures based on my evaluation as of the
     Evaluation Date;

5. I have disclosed,  based on my most recent  evaluation,  to the  registrant's
auditors and the audit committee of registrant's  board of directors (or persons
performing the equivalent functions):

     a) all  significant  deficiencies  in the design or  operation  of internal
     controls which could adversely affect the  registrant's  ability to record,
     process,  summarize and report  financial data and have  identified for the
     registrant's auditors any material weaknesses in internal controls; and

     b) any fraud,  whether or not material,  that involves  management or other
     employees  who  have  a  significant  role  in  the  registrant's  internal
     controls; and

6. I have indicated in this annual report whether there were significant changes
in  internal  controls  or in other  factors  that  could  significantly  affect
internal  controls  subsequent  to the  date  of  our  most  recent  evaluation,
including any  corrective  actions with regard to significant  deficiencies  and
material weaknesses.

Date: March 30, 2004

/s/  C.E. RICK STRATTAN
------------------------------------------
C.E. RICK STRATTAN
Chief Executive Officer
Chief Financial Officer
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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 quarterly report of Eastern Virginia Bankshares, Inc. (the Company) on Form 10-Q for the period ended June 30,
2010, as filed with the Securities and Exchange Commission (the Report), I, Joe A. Shearin, President and Chief Executive 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:



| |  |  | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | - |  | ---------------------------------------------------------------------------------------------------------------------------------



| |  |  | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as
of and for the period covered by the Report.
| | - |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                      |  |  |  |  |  |                      
|------------------------------------- |  |  |  |  |  | ---------------------
|/s/ Joe A. Shearin                    |  |  |  |  |  | Date: August 16, 2010
|Joe A. Shearin                        |  |  |  |  |  |                      
|President and Chief Executive Officer |  |  |  |  |  |
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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Kimberly Corona, 

Plaintiff, 

v. 

Standard Insurance Company, et al., 

Defendants. 

No. CV-15-01917-PHX-ROS

ORDER 

 Pursuant to the parties’ stipulation (Doc. 26) and good cause appearing, 

IT IS ORDERED this action is dismissed with prejudice, the parties to bear their 

own attorneys’ fees and costs. 

IT IS FURTHER ORDERED the Interim Status Conference set for July 1, 2016 

is VACATED. 

 Dated this 18th day of May, 2016. 

Honorable Roslyn O. Silver

Senior United States District Judge

Case 2:15-cv-01917-ROS Document 27 Filed 05/19/16 Page 1 of 1