alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DISMISS and Opinion Filed August 22, 2024 

# S

In The 

### Court of Appeals Fifth District of Texas at Dallas No. 05-24-00186-CV TATYANNA CORMIER, Appellant V. ALESIO GARDENS LP DBA ALES IO URBAN CENTER APPELLEE, Appellee On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-23-07665-B MEMORANDUM OPINION Before Justices Reichek, Goldstein, and Garcia Opinion by Justice Goldstein Appellant’s brief in this case is overdue . By postcard dated July 15, 2024, we informed appellant her brief wa s overdue and directed appella nt to file a brief within ten days. We cautione d appellant that failure to do so would result in the dismissal of this appeal without further notice. See T EX
. R. A PP
. P. 38.8(a)(1). To date, appellant has not filed a br ief nor otherwise corresponded with the Court regarding the status of this appeal.–2– Accordingly, we dismiss this appeal. See T EX
. R. A PP
. P. 38.8 (a)(1); 42.3(b), (c).

240186F.P05 /Bonnie Lee Goldstein / BONNIE LEE GOLDSTEIN JUSTICE–3– 

# S

Court of Appeals Fifth District of Texas at Dallas JUDGMENT TATYANNA CORMIER, Appellant
No. 05-24-00186-CV V.
ALESIO GARDENS LP DBA ALESIO URBAN CENTER APPELLEE, Appellee On Appeal from the County Court at Law No. 2, Dallas County, Texas Trial Court Cause No. CC-23-07665- B. Opinion delivered by Justice Goldstein. Justices Reichek and Garcia participating. In accordance with this Court’s opi nion of this date, the appeal is DISMISSED

. Judgment entered August 22, 2024
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#### Cornelius L. Harvey and Henry J. Heystek v. George R. Ford and Frank C. Rathbun.

*Partnership—Sale of interest by one partner—Chattel*mortgage— *Exemption,*

1. One partner has the authority to execute a mortgage to secure partnership debts, and in so doing he binds all of his copartners.

2. How. Stat. § 7686, providing for exemptions, does not apply to chattel mortgages executed by one partner in the firm name, although his copartners may be ignorant of their execution.

*5073. A bill of sale by one partner to a third person of all of his right, title, and interest in the partnership property, the vendee assuming the undivided firm debts, constitutes the vendee a partner with the other partner, who consents to such sale, and to the vendee’s standing in the place of the vendor in the firm; and the fact that the parties did not then execute articles of copartnership, but agreed to dó so thereafter, is not evidence of the non-existence of such partnership.-

Error to Kent. (Grove, J.)

Argued November 18, 1890.

Decided December 5, 1890.

Replevin. Defendant Eord brings error.

Affirmed.

The facts are stated in the opinion.

*Thompson & Temple,*for appellant.

*Fletcher & Wanty,*for plaintiffs.

Grant, J.

On September 7, 1888, defendant Rathbun and one Alison D. Elory were partners, and carrying on business at Grand Rapids. On that day Elory sold to defendant Eord all his right, title, and interest in and to the partnership property, and executed a bill of sale of the same. Eord assumed the undivided firm debts. Defendant Rathbun indorsed his consent to this arrangement in the following language:

> “-I hereby consent to within sale from Alison D. Elory to George R. Eord, and consent to said Ford to stand in the place and stead of said Flory.-’-’

On September 10, defendant Rathbun executed to plaintiffs a chattel mortgage upon the goods and chattels of the firm in the name of Rathbun & Ford. Meanwhile some dispute had arisen between Ford and Flory, which it is unnecessary to detail, and in consequence thereof Rathbun also signed to said mortgage the name of Rathbun & Flory.

Plaintiffs brought replevin under their chattel mort*508gage, for the purpose of foreclosing it. Two defenses are set up:

> 1. A denial of partnership.

> 2. That defendant Ford was entitled to an exemption of property to the value of $250.

The court below instructed the jury to find a verdict for the plaintiffs. By the writings above mentioned Ford became a partner with Rathbun. The fact that Rathbun and Ford did not then execute written articles of partnership, but agreed to do so thereafter, was no evidence that the partnership did not exist. The court below was correct in refusing to submit the question of partnership to the jury.

It is admitted that one partner has the authority to execute a mortgage to secure partnership debts. The act of the partner so doing binds all his copartners.

How. Stat. § 7686, providing for exemptions, does not apply to chattel mortgages executed by one of the partners in the name of the partnership, although his copartners may not be aware of their execution.

Judgment affirmed, with costs.

The other Justices concurred.
II 

108TH CONGRESS 

2D SESSION S. 2617 

Making a supplemental appropriation for the Department of Education for 

the fiscal year ending September 30, 2004, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 7, 2004 

Mr. KENNEDY introduced the following bill; which was read twice and referred 

to the Committee on Appropriations 

A BILL 

Making a supplemental appropriation for the Department 

of Education for the fiscal year ending September 30, 

2004, and for other purposes. 

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 ‘‘No Child Left Behind 

5 Appropriations Support Act of 2004’’. 

6 SEC. 2. SUPPLEMENTAL APPROPRIATION. 

7 (a) APPROPRIATION.—To carry out this Act, out of 

8 any money in the Treasury not otherwise appropriated, 

9 there is appropriated $237,000,000, to remain available 
2 

•S 2617 IS 

1 until expended, for the Department of Education for the 

2 fiscal year ending September 30, 2004. 

3 (b) PAYMENTS.—In addition to amounts otherwise 

4 provided to a local educational agency under subpart 2 

5 of part A of title I of the Elementary and Secondary Edu6 cation Act of 1965 (20 U.S.C. 6331 et seq.) for fiscal year 

7 2004, the Secretary of Education shall make a payment 

8 in an amount determined under subsection (c) to each 

9 local educational agency that receives a lesser amount of 

10 funds for fiscal year 2004 under such subpart than the 

11 agency received for fiscal year 2003. 

12 (c) DETERMINATION OF AMOUNT.—The amount of 

13 a payment to a local educational agency under this Act 

14 shall be equal to the amount of the difference between— 

15 (1) the amount the agency would otherwise re16 ceive for fiscal year 2004 under subpart 2 of part 

17 A of title I of the Elementary and Secondary Edu18 cation Act of 1965 (20 U.S.C. 6331 et seq.); and 

19 (2) the amount the agency received for fiscal 

20 year 2003 under such subpart. 

21 (d) DEFINITION.—In this Act, the term ‘‘local edu22 cational agency’’ has the meaning given to that term in 

23 section 9101 of the Elementary and Secondary Education 

24 Act of 1965 (20 U.S.C. 7801). 

Æ
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Exhibit 32.1

RF MONOLITHICS, INC.

CERTIFICATE PURSUANT TO SECTION 906

OF SARBANES  OXLEY ACT OF 2002

The undersigned, David M. Kirk, Chief Executive Officer and President of RF Monolithics, Inc. (the Company), DOES HEREBY CERTIFY that:



| | 1. | The Companys Annual Report on Form 10-K for the fiscal year ended August 31, 2007 (the Report) fully complies with the requirements of section 13(a) or 15(d)
of the Securities Exchange Act of 1934, as amended; and
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------

The foregoing certification is being furnished solely pursuant to 18 U.S.C. §1350 and is not being filed as part of the Report or as a separate
disclosure document.

IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed this 28th day of November, 2007.



|                                              
|----------------------------------------------
|/s/ David M. Kirk                             
|Name: David M. Kirk                           
|Title:   Chief Executive Officer and President

*A signed original of this written statement required by Section 906 has been provided to the
Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM THE CONSOLIDATED
FINANCIAL STATEMENTS OF MEDPLUS, INC. AND SUBSIDIARIES OF AND FOR THE YEAR ENDED
JANUARY 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-END>                               JAN-31-1998
<CASH>                                      13,794,473
<SECURITIES>                                         0
<RECEIVABLES>                                4,635,333
<ALLOWANCES>                                   115,000
<INVENTORY>                                    757,471
<CURRENT-ASSETS>                            20,041,271
<PP&E>                                       2,172,727
<DEPRECIATION>                                 687,852
<TOTAL-ASSETS>                              24,656,291
<CURRENT-LIABILITIES>                        9,476,778
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  14,476,985
<TOTAL-LIABILITY-AND-EQUITY>                24,656,291
<SALES>                                      7,912,158
<TOTAL-REVENUES>                            10,201,152
<CGS>                                        5,171,635
<TOTAL-COSTS>                                7,226,191
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             346,315
<INCOME-PRETAX>                           (11,487,176)
<INCOME-TAX>                               (3,475,777)
<INCOME-CONTINUING>                        (8,011,399)
<DISCONTINUED>                              11,116,488
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,105,089
<EPS-PRIMARY>                                     0.52
<EPS-DILUTED>                                     0.52
        

</TABLE>
jill-ex1025_466.htm



Exhibit 10.25

 



June 2, 2020

James Scully

Dear Jim:

Reference is made to your offer letter from J.Jill, Inc., dated December 4, 2019 (your “Offer Letter”), and the amendment to your Offer Letter dated March 4, 2020 (the “First Amendment”).  Capitalized terms contained herein but not defined herein shall have the meanings ascribed to them in the Offer Letter and the First Amendment. The purpose of this letter (the “Second Amendment”) is to further amend the terms of your Offer Letter. 

You and J.Jill agree that the Initial Term is hereby extended such that the Initial Term shall terminate on September 5, 2020; provided, however, that for purposes of Section 4 of the Offer Letter (“Sign-On Bonus”) only, the Initial Term shall be deemed to have terminated as of March 5, 2020. Should the Company employ a permanent (non-interim) Chief Executive Officer during the Initial Term, you shall serve as Special Advisor to the CEO through the end of the Initial Term, subject to the same terms set forth in the Offer Letter, the First Amendment and this Second Amendment.  

 

You and J.Jill agree that you shall be guaranteed an additional three (3) months of Cash Compensation, at the rate of $100,000 per month, in addition to what you have already been paid, subject to any salary reductions applicable to senior executives. Currently, the CEO salary has been reduced by 25%. This reduction would apply to the Special Advisor position as well. 

 

You and J.Jill agree that you shall be eligible to earn an annual bonus for fiscal year 2020, with a target bonus of $1.2 million (prorated for any partial year of employment, with service credit given beginning March 4, 2020); provided, that the actual amount of your annual bonus in respect of the Company’s 2020 fiscal year will not be less than $600,000. For the avoidance of doubt, $600,000 is the total amount of the guaranteed bonus and is not in addition to the $300,000 set forth in the First Amendment. Your annual bonus shall be paid in accordance with J.Jill’s customary practices for payment of annual bonuses to senior executives, but in no event later than April 15, 2021. 

 

Upon the termination of the Initial Term, you shall receive from J.Jill $200,000 (the “Transition Bonus”), payable within 60 days following the expiration of the Initial Term.

 

J.Jill shall reimburse you for your reasonable legal fees, incurred in connection with your negotiation and review of this Second Amendment, and any related documents, not to exceed $7,500.

 

 



 

 

Except as amended by this letter, the terms and conditions of your Offer Letter are confirmed, approved, and ratified by you and J.Jill, and your Offer Letter, as amended by this letter, shall continue in full force and effect. 

 


	
Sincerely,

	
 

	
/s/ Mark Webb

	
Mark Webb

	
Chief Financial Officer




 

ACCEPTANCE:

 

I have read this letter and agree with the terms and conditions of my employment as set forth above.

 


	
Dated:
	
June 2, 2020
	
 
	
Signature:
	
/s/ James Scully

	
 
	
 
	
 
	
 
	
James Scully
#### Abel *v.*Burgett.

In error.

Thursday, *May*31.

A DEFENDANT having appealed from the judgment of a justice, filed in the Circuit Court two special pleas in bar, upon which issues were joined. Verdict and judgment for the defendant. The judgment was reversed by the Supreme Court, and the cause remanded for another trial. Afterwards, the plaintiff moved the Circuit Court to reject the pleas, be*512cause they were not filed until after the appeal, but the motion was overruled. He also moved to dismiss the appeal, on the ground that the justice had not filed the papers in time (1). This motion was also overruled. *Held,*that the motions were made too late, and were therefore correctly overruled.

Dewey, J. having been concerned as counsel was absent.

(1)

*Vide*note to *Dougherty*v. Mason, ante, p. 432.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Liza Allen,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-04192-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: OLeary, Shelton, Corrigan, Peterson, Dalton & Quillin, LLC

(Name of plaintiff’s attorney or unrepresented plaintiff)

I have received your request to waive service of a summons in this action along with a copy of the complaint, two 

copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.

I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.

I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s 

jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.

I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 

60 days from 11/17/2017, the date when this request was sent (or 90 days if it was sent outside the United States). If I fail 

to do so, a default judgment will be entered against me or the entity I represent.

Date: November 27, 2017 /s/ Richard B. North, Jr.

Signature of the attorney or unrepresented party

C. R. Bard, Inc. and Bard Peripheral

Vascular, Inc.

Printed name of parties waiving service of 

summons

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed Name

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6155

Telephone number

Duty to Avoid Unnecessary Expenses of Serving a Summons

Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a 

summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff 

located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. 

“Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has 

no jurisdiction over this matter or over the defendant or the defendant’s property. 

If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of 

a summons or of service. 

If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the 

plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been 

served.

Case 2:15-md-02641-DGC Document 9149 Filed 12/06/17 Page 1 of 1
<PAGE>
Exhibit 32.2

              STATEMENT OF CONTROLLER AND CHIEF ACCOUNTING OFFICER
         PURSUANT TO SECTION 1350 OF TITLE 18 OF THE UNITED STATES CODE

         Pursuant to Section 1350 of Title 18 of the United States Code, the
undersigned, Thomas E. Poggensee, the Controller and Chief Accounting Officer of
Donlar Corporation (the "Company"), hereby certifies that:

1.       The Company's Form 10-QSB Quarterly Report for the period ended
         September 30, 2003 (the "Report") fully complies with the requirements
         of Section 13(a) 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: November 13, 2003                     /s/ Thomas E. Poggensee
                                             -----------------------------------
                                             Thomas E. Poggensee, Controller
                                             and Chief Accounting Officer