alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals **San Antonio, Texas** MEMORANDUM OPINION
N o. 04

- 16

- 00418

- CR Antrail Jadaveonte Le MUNERLYN , Appellant

v. The STATE of Texas, Appellee From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR3931W Honorable Lori I. Valenzuela, Judge Presiding
PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Delivered and Filed: August 17, 2016
APPEAL DISMISSED Pursuant to a plea bargain agreement, appellant pled nolo contendere to unauthorized use
of a vehicle

. The trial court signed a certification of defendant’s right to appeal stating that this “is a plea

- bargain case, and the defendant has NO right of appeal

. ” See T EX
. R. A PP
. P . 25.2(a)(2). Rule 25.2(d) provides, “The appeal must be dismissed if a certification that shows the defendant has the right of appeal has not been made part of the record under these rules.” T EX
. R. A PP
. P. 25.2(d). Accordingly, on July 8, 2016 , this c ourt issued an order stating this appeal would be dismissed pursuant to Rule 25.2(d) unless an amended trial court certification that shows defendant04

- 16

- 00418

- CR

- 2

- has the right of appeal was made part of the appellate record. See Daniels v. State , 110 S.W.3d 174 (Tex. App.

— San Antonio 2003, order); T EX
. R. A PP
. P. 25.2(d); 37.1. No amended trial court certification has been filed; therefore, this appeal is dismissed.

PER CURIAM Do not publish
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Case 2:15-mj-01854-JFM Document 3 Filed 11/24/15 Page 1 of 3
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Case 2:15-mj-01854-JFM Document 3 Filed 11/24/15 Page 3 of 3
##### 



1.
    
    I have reviewed this quarterly report on Form 10-Q of Argo-Tech Corporation;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 the statements 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 the registrant as of, and for, the periods
presented in this report;4.
    
    The registrants other certifying officer and I are responsible for 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, including its 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 end of the period covered by this
report based on such evaluation; andc)
    
    Disclosed in this report any change in the registrants internal 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 to materially affect, the
registrants internal control over financial reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, 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 and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably likely to
adversely affect the registrants ability to record, process, summarize and report
financial information; andb)
    
    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.
  By: /s/
    
    Frances S. St. ClairFrances S. St. ClairExecutive Vice President and CFO
 23
423 A.2d 1309

#### Main Line Fed. S&L Assn. v. Belair Elec., Appellant.

Argued June 18, 1979.

William H. Lamb, for appellant; Robert S. Gawthrop, Jr., for appellee.

*638Before HESTER, HOFFMAN and CATANIA, JJ.*

*

 President Judge Francis J. Catania of the Court of Common Pleas of Delaware County, Pennsylvania, is sitting by designation.

Order affirmed.
##### 



Exhibit 10.41
 SECOND AMENDMENT
TO
SECURED SUBORDINATED PROMISSORY NOTE
DATED AS OF APRIL 9, 2004
         Remainder
of Page Intentionally Left Blank.
Signature Page Follows.




---



##### 



BORROWERS:VIRBAC CORPORATIONa Delaware corporationBy:
    
    /s/ Jean M. NelsonName:
    
    Jean M. NelsonTitle:
    
    Executive Vice President and ChiefFinancial OfficerPM RESOURCES, INC.a Missouri corporationBy:
    
    /s/ Jean M. NelsonName:
    
    Jean M. NelsonTitle:
    
    Executive Vice President and ChiefFinancial OfficerST. JON LABORATORIES, INC.a California corporationBy:
    
    /s/ Jean M. NelsonName:
    
    Jean M. NelsonTitle:
    
    Executive Vice President and ChiefFinancial OfficerFRANCODEX
LABORATORIES, INC.a Kansas corporationBy:
    
    /s/ Jean M. NelsonName:
    
    Jean M. NelsonTitle:
    
    Executive Vice President and ChiefFinancial Officer




---



##### 



DELMARVA LABORATORIES, INC.a Virginia corporationBy:
    
    /s/ Jean M. NelsonName:
    
    Jean M. NelsonTitle:
    
    Executive Vice President and ChiefFinancial OfficerVIRBAC AH, INC.a Delaware corporationBy:
    
    /s/ Jean M. NelsonName:
    
    Jean M. NelsonTitle:
    
    Executive Vice President and ChiefFinancial OfficerHOLDER:VIRBAC S.A.a company organized under the laws of theRepublic of FranceBy:
    
    /s/ Eric MareeName:
    
    Eric MareeTitle:
    
    President of the Management Board
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



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  filing of the  Quarterly
Report on Form 10-Q for the Quarter Ended June 30, 2005 (the "Report") by Tag-It
Pacific, Inc. ("Registrant"), each of the undersigned hereby certifies that:

1.       to the  best of our  knowledge,  the  Report  fully  complies  with the
         requirements  of section 13(a) or 15(d) of the Securities  Exchange Act
         of 1934; and

2.       to the best of our knowledge,  the information  contained in the Report
         fairly presents, in all material respects,  the financial condition and
         results of operations of Registrant.



Dated:  August 22, 2005                    /S/ COLIN DYNE
                                           -----------------------------------
                                           Colin Dyne
                                           Chief Executive Officer


Dated:  August 22, 2005                    /S/ AUGUST DELUCA
                                           -----------------------------------
                                           August DeLuca
                                           Chief Financial Officer
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NOT FOR PUBLICATION

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Jesus Andres Martinez-Bujanda,

Petitioner,

v. 

Loretta E. Lynch, et al.,

Respondents.

No. CV-16-00075-PHX-JJT

ORDER

At issue is the Report and Recommendation (“R&R”) prepared by United States 

Magistrate Judge Eileen Willett in this matter (Doc. 46), recommending dismissal of the 

Petition upon motion of Petitioner. (Doc. 44.) Time for objection having passed with 

none filed, the Court will adopt the R&R in whole and dismiss the petition without 

prejudice.

IT IS ORDERED adopting the R&R at Doc. 46 and dismissing the Petition for 

Writ of Habeas Corpus without prejudice. The Clerk of Court shall close this matter.

Dated this 17th day of May, 2017.

Honorable John J. Tuchi

United States District Judge
Case 2:15-mj-01828-JFM Document 3 Filed 11/13/15 Page 1 of 3
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<PAGE>

Capital One Master Trust Aggregated Data for 2001                  Exhibit 99.0

<TABLE>
<S>                                                                            <C>
Defaults                                                                          1,019,199,679.34
Total Collections                                                                38,291,925,677.68
Collections of Principal Receivables                                             33,467,425,618.80
Collection of Finance Charge Receivables (includes amortization of
annual membership fees)                                                           4,972,000,011.92
Annual Servicing Fee Paid                                                          290,218,683.71
Aggregate amount paid to Certificateholders allocable to principal                3,345,445,258.00
Class A Investor Charge-Offs                                                            0.00
Class B Investor Charge-Offs                                                            0.00
Class C Investor Charge-Offs                                                            0.00
</TABLE>



                                                                  Page 10 of 58
#### Lambert *v.*Lagow.

A writing obligatory executed by two persons began, “I promise to pay,”'&c., and concluded, “witness my hand and seal,” &e.: *Held,*that it might bo considered a several obligation.

The judgment for the plaintiff, on a demurrer to a plea iñ abatement, is not final, but only a respondeat ouster.

APPEAL from the *Vigo*Circuit Court.

Blackford, J.

Debt against *Lambert*upon the following ob*389ligation: “On or before the 1st *Sept.*1823, I promise to pay *Wilson Lagow*or order 425 dollars, &c. Witness my hand and .seal this 7th *Dec. 1821.*— Lambert & *Dixon,*(seal).” The defendant pleaded in abatement the non-joinder of *Dixon.*The pleas were demurred to, and final judgment was rendered for the plaintiff.

*Judah,*for the appellant.

*Tabbs,*for the appellee.

The obligation reads, *I*promise to pay, &c., witness my hand, *Sec.*The plaintiff had a right to treat this as a several obligation, and institute his action accordingly. He has done so; and consequently the plea of *Lambert,*that there was another obligor not named in the suit, cannot be supported. In *March*v. *Ward,*Peake’s N. P. 130, the note was, promise to pay *W. M. 81. 5s.,*and was signed, *Robert Bowling, Thomas Ward. Ward*alone was sued, and the action sustained. The Court said the note was several as well as joint. Vide also *Hunt, admr.*v. *Adams,*5 Mass. 358, and *Forster*v. *Fuller,*6 Mass. 58, to the same point (1).

The judgment however, in this cause, being upon demurrer to pleas in abatement, should not have been peremptory, quod recuperet, but only i terlocutory, quod respondeat ouster. Tidd, 588 (2).

*Per Curiam.*

The judgment is reversed, and the proceedings subsequent to the joinder in demurrer are set aside, with costs. Cause remanded, *Sec.*

(1)

 Acc. *Clark*v. *Blackstock,*1 Holt, *474.*— Hall v. *Smith,*1 Barn. *&*Cress, 407.

(2)

 Form of the judgment of respondeat ouster: — Whereupon all and singular the premises aforesaid being seen, and by the Court here fully understood, and mature deliberation being thereupon had, it appears to the said Court here, that the said plea, by the said .2. *B.*above in manner and form aforesaid pleaded in abatement, and the matters therein contained, are not sufficient in law to quash the writ of the said C. D.: therefore it is considered that the said -2. *B.*do answer further to the said writ of the said C. *D.*Arch. Forms, 300.

This judgment, though styled interlocutory, differs from the ordinary judgments of that name. An interlocutory judgment, generally, establishes the light of the plaintiff to recover, but leaves the quantum of damages to be afterwards ascertained. But a judgment for the plaintiff on a demurrer to a plea in abatement, only shows that the defendant has mistaken the law on a point not affecting the merits of the case, and therefore merely requires him *pa*offer, if he can, a further defence. Bing, on Judg. 2.

Upon this judgment of respondeat ouster, no costs are allowed to the plain*390tiff, as he has not yet succeeded in the suit. Should he finally prevail, howet- or, he will then be entitled to his costs. *Haines*v. Corliss, 4 Mass. 659.
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**309 CA 13-02204**  PRESENT: CENTRA, J.P., PERADOTTO, CARNI, SCONIERS, AND DEJOSEPH, JJ.

IN THE MATTER OF KHYRI OLIVER, PETITIONER-APPELLANT,

V ORDER

ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.

WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW (LEAH R. NOWOTARSKI OF COUNSEL), FOR PETITIONER-APPELLANT.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (PETER H. SCHIFF OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered October 31, 2013 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Entered: March 20, 2015 Frances E. Cafarell Clerk of the Court
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<PAGE>


                                                                    EXHIBIT 99.1

                            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 Anworth Mortgage Asset
Corporation (the "Company") on Form 10-Q for the quarterly period ended
September 30, 2002, as filed with the Securities and Exchange Commission on
November 14, 2002 (the "Report"), I, Joseph Lloyd McAdams, Chairman of the
Board, 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:

     1. 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. The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.


                                      By: /s/ Joseph Lloyd McAdams
                                          --------------------------------------
                                            Joseph Lloyd McAdams
                                            Chairman of the Board, President and
                                            Chief Executive Officer
                                            November 14, 2002
**Exhibit 32.2**
**Certification Pursuant to 18 U.S.C. Section 1350**
In connection with the filing of the financial statements of Chindex International, Inc.(“Registrant”) for the fiscal year ended March 31, 2005 (the “Report”), the undersigned herebycertifies, to such officer’s knowledge, that:
1. The Report fully complies with the requirements of section 13(a) or15(d) of the Securities Exchange Act of 1934, as amended, and 2. The information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operationsof Registrant.       /s/ Lawrence Pemble         Lawrence Pemble    Executive Vice PresidentFinanceand Business Development    (Principal Financial Officer)  
“A signed original of this written statement required by Section 906 has been provided to ChindexInternational, Inc. and will be retained by Chindex International, Inc. and furnished to theSecurities and Exchange Commission or its staff upon request.”
#### STATE OF NEW JERSEY v. ANDRE HERD.

May 2, 1989.

Petition for certification denied.
EXHIBIT 32.1
 CERTIFICATION OF
CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
UNDER SECTION 906 OF THE
SARBANES OXLEY ACT OF 2002, 18 U.S.C. § 1350
  (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 Company.
 Date: March 16, 2010
    /s/ Joseph S. CompofeliceJoseph S. CompofelicePresident, Chief Executive Officer and
Chairman of the Board (Principal
Executive Officer) Date: March 16, 2010
    /s/ Geoff A. JonesGeoff A JonesVice President and Chief Financial
Officer (Principal Financial Officer)
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-1- 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Merillin La Rue 

Plaintiff, 

vs. 

Experian Information Solutions, Inc., an 

Ohio corporation; Wells Fargo Bank, 

National Association, a California 

corporation; and XCeed Financial Credit 

Union, a foreign corporation, 

Defendants. 

)

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

CASE NO. 2:15-cv-01995 SRB

ORDER DISMISSING DEFENDANT 

XCEED FINANCIAL FEDERAL 

CREDIT UNION WITH PREJUDICE 

Pursuant to the Stipulation to Dismiss Xceed Financial Federal Credit Union and 

for good cause appearing, 

IT IS ORDERED, ADJUDGED AND DECREED that this case/action is 

dismissed as to Xceed Financial Federal Credit Union, with prejudice and all claims and 

causes of action asserted or which could have been asserted against Xceed Financial 

Federal Credit Union in this action are dismissed with prejudice. Each Party shall bear 

her/its own costs and attorneys’ fees. This dismissal with prejudice does not affect the 

claims against Experian Information Solutions, Inc., and Wells Fargo Bank, National 

Association. 

 Dated this 19th day of April, 2016. 

Case 2:15-cv-01995-SRB Document 53 Filed 04/19/16 Page 1 of 1