alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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--------------------------------------------------------------------------------
                                                                    EXHIBIT 32.1

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

  WRITTEN STATEMENT PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, the President of Webster Preferred Capital Corporation (the
"Company"), hereby certifies that, to his knowledge on the date hereof:

(a)  the Form 10-Q Report of the Company for the quarter ended September 30,
     2003 filed on the date hereof with the Securities and Exchange Commission
     (the "Report") fully complies with the requirements of Section 13(a) or
     15(d) of the Securities Exchange Act of 1934; and

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

                                               /s/ Ross M. Strickland
                                               -----------------------------
                                               Ross M. Strickland,
                                               President
                                               (Principal Executive Officer)
                                               November 13, 2003

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

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S FORM 10-Q FOR THE PERIOD ENDED JUNE 30, 1998 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS INCULDED IN SUCH REPORT.
</LEGEND>
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<PERIOD-START>                             JAN-01-1998  
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<CASH>                                           5,386
<SECURITIES>                                         0
<RECEIVABLES>                                    2,192
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<TOTAL-LIABILITY-AND-EQUITY>                   938,746
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<OTHER-EXPENSES>                                 8,246
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 952
<INCOME-PRETAX>                                  9,559
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</TABLE>
#### Jeff. Brown *v.*E. J. Young’s Admx.

Set-off and Counter-Claim — Dismissál of Action — Effect on Set-off.

As appellant had dismissed his action on a note to which appellee had pleaded a set-off, there was then no suit pending between the parties, the appellee could not proceed with the trial as to her set-off.

Bills and Notes — Necessary Parties.

The assignor of a note must he before the court before a judgment can be rendered against the assignee.

APPEAL EBOM JEFFERSON CIRCUIT OOUBT. C. P. DIVISION.

February 8, 1872.

*702Brown, *for appellant.*

*Barret &*Roberts, *for appellee.*

OPINION OK THE 0OURT BY

JlJDGE PRYOR *'.*

Tbe suit by tbe appellant, Brown, on tbe note for sixteen hundred dollars against tbe appellee as administratrix of ber husband, was dismissed by tbe appellant, and tbe note withdrawn.

There was then no suit pending in court between these parties. Tbe appellee bad pleaded a set-off to this note originating from tbe alleged liability upon tbe part of appellant’s assignor to her intestate. Tbe assignor of tbe note was not before the court, and no judgment could have been rendered against tbe appellant, as assignee, upon this set-off’other than an amount sufficient to extinguish tbe note. When this note is no longer in court, and the suit upon which it is beard is dismissed, we cannot well see bow tbe appellee can proceed with tbe trial as to ber set-off without baying tbe party against whom tbe set-off is plead in court. It cannot be insisted that tbe set-off affects tbe note when there is no such note in court and no suit pending to recover it. Tbe court permitted appellant to dismiss bis suit, and withdraw tbe note and this ended all controversy between tbe parties, and tbe set-off could not be tried without having the party before tbe court against whom a judgment might have been rendered upon it. Tbe judgment is reversed and cause remanded with directions to set aside tbe judgment upon appellee’s set-off and for further proceedings not inconsistent with this opinion.
[Cite as McGilton v. McGilton, 2024-Ohio-219.]

IN THE COURT OF APPEALS OF OHIO

ELEVENTH APPELLATE DISTRICT

PORTAGE COUNTY

AMBER D. MCGILTON,

Petitioner-Appellee,

- vs -

BRENT L. MCGILTON,

Respondent-Appellant.

CASE NO. 2023-P-0098

Civil Appeal from the

Court of Common Pleas, 

Domestic Relations Division

Trial Court No. 2023 DR 00642

M E M O R A N D U M

O P I N I O N

Decided: January 22, 2024

Judgment: Appeal dismissed

Laura A. Luka, Luka Brown, LLP, P.O. Box 2729, Toledo, OH 43606 (For PetitionerAppellee).

Brent L. McGilton, pro se, PID# 3484799, Ohio County Correctional Center, 1501 Eoff 

Street, Wheeling, WV 26003 (Respondent-Appellant).

ROBERT J. PATTON, J.

{¶1} On December 6, 2023, appellant, Brent L. McGilton, filed a pro se appeal 

from a November 3, 2023 entry. 

{¶2} App.R. 3(A) expressly states that the only jurisdictional requirement for filing 

a valid appeal is to file it within the time allowed by App.R. 4. The Supreme Court has 

held that the failure to comply with the time requirements of App.R. 4(A) is a jurisdictional 

defect, which is fatal to an appeal. In re H.F., 120 Ohio St.3d 499, 2008-Ohio-6810, ¶ 17, 

citing State ex rel. Pendell v. Adams Cty. Bd. of Elections, 40 Ohio St.3d 58, 60 (1988).
2

Case No. 2023-P-0098

{¶3} “Subject to the provisions of App.R. 4(A)(3), a party who wishes to appeal 

from an order that is final upon its entry shall file the notice of appeal required by App.R. 

3 within 30 days of that entry.” See App.R. 4(A)(1). Civ.R. 58(B) directs the clerk of 

courts to serve the parties with notice of the entry within three days of entering the 

judgment upon the journal. If Civ.R. 58(B) service does not occur within three days, the 

time to appeal does not begin to run until service is made and noted in the appearance 

docket. Coles v. Lawyers Title Ins. Corp., 163 Ohio App.3d 659, 664, 2005-Ohio-5360.

{¶4} Here, the trial court issued its entry on November 3, 2023. The clerk of 

courts noted on the appearance docket that notice of the entry under Civ.R. 58(B) was 

issued to the parties on that same date. Therefore, pursuant Civ.R. 58(B), the time to 

appeal began to run from November 3, 2023. The deadline for appellant to file his notice 

of appeal was December 4, 2023, which was not a holiday or a weekend. Thus, 

appellant’s December 6, 2023 notice of appeal was untimely filed by 2 days.

{¶5} This court is not empowered to extend the time deadline in civil cases. 

Pendell, supra at 60; see also App.R. 14(B). 

{¶6} Based upon the foregoing, this appeal is dismissed as untimely pursuant to 

App.R. 4(A)(1).

EUGENE A. LUCCI, P.J.,

MATT LYNCH, J.,

concur.
<TABLE> <S> <C>


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<OTHER-SE>                                     106,199
<TOTAL-LIABILITY-AND-EQUITY>                   411,403
<SALES>                                        148,599
<TOTAL-REVENUES>                               149,106
<CGS>                                          57,307
<TOTAL-COSTS>                                  177,205
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<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (85,406)
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</TABLE>
**EXHIBIT 31.1****CERTIFICATION**     I, Dwayne A. Moyers, certify that:     1. I have reviewed this quarterly report on Form 10-QSB of Xponential, Inc.;     2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;     3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the small business issuer as of, and for, the periods presented inthis report;     4. The small business issuer’s other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the small business issuer and have:     (a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the small business issuer, including its consolidated subsidiaries,is made known to us by others within those entities, particularly during the period in whichthis report is being prepared;     (b) Evaluated the effectiveness of the small business issuer’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this report basedon such evaluation; and     (c) Disclosed in this report any change in the small business issuer’s internal controlover financial reporting that occurred during the small business issuer’s most recent fiscalquarter (the small business issuer’s fourth fiscal quarter in the case of an annual report)that has materially affected, or is reasonably likely to materially affect, the smallbusiness issuer’s internal control over financial reporting; and     5. The small business issuer’s other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to the small business issuer’sauditors and the audit committee of the small business issuer’s board of directors (or personsperforming the equivalent functions):     (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe small business issuer’s ability to record, process, summarize and report financialinformation; and     (b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the small business issuer’s internal control over financialreporting.        Date: May 19, 2007 /s/ Dwayne A. Moyers   Dwayne A. Moyers   Chief Executive Officer
#### Henry W. Doremus et al. *v.*Mayor and Aldermen of the City of Paterson. Henry *W.*Doremus et al. v. Mayor and Aldermen of the City of Paterson.

[Argued November 20th, 1913.

Decided March 16th, 1914.]

On cross-appeals from a decree of the court of chancery advised by Vice-Chancellor Stevens, whose opinion is reported, in *81 N. J. Eg. {11 Buck.) 27.*

*Mr. J. Edward Ás'hmead*and *Mr. Chauncey G. Barker,*for Doremus and others.

*Mr. Edward F. Merrey,*for.the city of Paterson.

Per Curiam.

These are appeals taken from a decree of the court of chancery fixing the amounts which certain riparian owners along the Passaic river are severally entitled to receive from the city of Paterson, as compensation for injury done to their-respective properties through the pollution of the river by the discharge of the city sewage into it at a point above the lands of these owners. The city appeals because, as it says, the awards made to these riparian owners are too high; the riparian owners appeal upon the ground, as they assert, that the awards are too low.

The learned vice-chancellor to whom the case was referred for hearing determined the compensation of the various riparian *641owners after a very thorough, consideration of the proofs submitted by the parties. After a careful examination of these proofs on our part we cannot say that in the case of any riparian owner the amount awarded to him is either more or less than the just compensation to which lie is entitled fox the injuries which were the subject-matter of the controversy.

The decree appealed from will be affirmed.

No. 16—

*For*affirmance—The Chief-Justice, Trbnchard, Parker, Bergen, Minturn, Kalisch, Bogert, Vredenburgh, Cong-don, White, Heppenheimer—11.

*For*reversal—None.

No. 18—

*For*affirmance—The Chief-Justice, Trbnchard, Parker, Bergen, Minturn, Kalisch, Bogert, Vredenburgh, Cong-don, White, Heppenheimer—11.

*For*reversal—None.
#### The State, on the Relation of Hunt, *v.*Spencer and Others.

In error.

*Thursday, June*1.

DEBT on a sheriff’s bond against the principal and his sureties. Breach, the sheriff’s failure to return an execution in favour of the relator, &c. Two pleas as follows: I. That

when the execution came to the sheriff’s hands, the execution-defendant had no property within the sheriff’s bailiwick whereof to make the money or any part of it, but was then and still continued to be notoriously insolvent. 2. That at the time when the execution came to the sheriff’s hands, and at the time when it should have been returned, viz. on, &c., the relator had no interest in the execution or the judgment on which the same issued, nor was he entitled to any part of the money due thereon, &c. *Held,*that these pleas were bad on general demurrer. *Held,*also, that the declaration was bad; it containing no averment of a judgment on which the execution issued (1).

(1)

*Vide The State*v. *Beem,*Vol. 3 of those Rep. 222; *Hall*v. *Johnson, Ibid.*363.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Centers for Disease Control and Prevention

# SUMMARY:

                        This document corrects two notices that were published in the                         **Federal Register**                         on March 19, 2014, Volume 79, Number 53, pages 15349 and 15350. The times and dates should read as follows:                    

# DATES:

*Times and Dates:*

7:00 p.m.-8:30 p.m. EST, April 14, 2014 (Closed)

8:30 a.m.-5:30 p.m. EST, April 15-16, 2014 (Closed)

# FOR FURTHER INFORMATION CONTACT:

CAPT Mildred Williams-Johnson, Ph.D., DABT, Director, Extramural Research Program Office, National Center for Injury Prevention and Control, Centers for Disease Control and Prevention, 1600 Clifton Road NE., Mailstop F63, Atlanta, GA 30333, Telephone: (770) 488-8806.

                        The Director, Management Analysis and Services Office, has been delegated the authority to sign                         **Federal Register**                         notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.                    

Gary Johnson,

Acting Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.

[FR Doc. 2014-25839 Filed 10-29-14; 8:45 am]

BILLING CODE 4163-18-P
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