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

- 19

- 00590

- CR Derwin Ray ROBINSON , Appellant

v. The STATE of Texas, Appellee From the 399th Judicial District Court , Bexar County, Texas Trial Court No. 2019CR1021 Honorable Frank J. Castro , Judge Presiding
PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Beth Watkins , Justice Liza A. Rodriguez , Justice Delivered and Filed: August 26, 2020 MOTION TO DISMISS GRANTED; APPEAL DISMISSED On September 13, 2019, appellant Derwin Ray Robinson filed a notice of appeal for his conviction for possession of a controlled substance in an amount more than one gram but less than four grams. On February 3, 2020, we notified Robinson’s appointed appellate counsel that her appellate brief was past due, and we ordered counsel to file a response by February 13, 2020. In that notice, we cautioned counsel that if we did not receive an adequate response by the ordered due date, we would abate the appeal to the trial cou rt for an abandonment hearing. See T EX
. R.
A PP
. P. 38.8(b)(2). When counsel did not file a response , we ordered the appeal abated and04

- 19

- 00590

- CR

- 2

- remanded the matter to the trial court to conduct a hearing to determine: (1) whether Robinson desired to prosecute his appeal; (2) whether Robinson was indigent; and (3) whether appellate counsel abandoned the appeal. On April 15, 2020, the trial court held the hearing, and the district court clerk filed a supplemental clerk’s record that included findings of fact statin g Robinson did not wish to pursue his appeal and appellate counsel would be filing a motion to dismiss. The court reporter also filed a supplemental reporter’s record of the hearing , where Robinson stated on the record his desire not
to pursue the appeal. On May 1, 2020, we ordered the abatement lifted and the appellate deadline s reinstated. In that order, we informed counsel that if she sought to have the appeal voluntarily dismissed, she must file a motion that complies with Rule 42.2(a) of the Texas R ules of Appellate Procedure; otherwise, her brief was due by June 1, 2020. On August 4, 2020, counsel filed a motion for voluntary dismissal, requesting the appeal to be dismissed

. Rule 42.2(a) requires a motion for voluntary dismissal to be signed by the appellant and his attorney. T EX
. R. A PP
. P. 42.2(a). Here, the motion filed by counsel lacked Robinson’s signature as required by Rule 42.2(a)

. See id. However, in lieu of Robinson’s signature, we not e that Robinson stated on the record he did not desire to pursue the appeal. His clear indication of his wish to abandon the appeal provides a sufficient basis for this court to suspend the requirements of Rule 42.2(a) and dismiss the appeal. See id. R. 2 (providing appellate court may suspend a rule’s operation in a particular case for good cause or to expedite a decision). Accordingly, we grant the motion to dismiss and dismiss the appeal. See id. R. 42.2(a).
PER CURIAM
DO NOT PUBLISH
#### Alfred Orr et al. *v.*Hugh Geroghty & Windsor.

Parent and Child.

Bona fide purchase by son, for a valuable consideration.

APPEAL EROM CAMPBELL CIRCUIT COURT.

December 8, 1870.

Opinion oe the Oourt by

Judge Lindsay:

The relationship existing between the appellants, there being no proof that any part of the alleged purchase price for the house and *605lot was paid, together with the continued possession of the son after the execution of the deed to the father, in our opinion, rebuts the idea that Alfred Orr was, in point of fact, *“a bona fide*purchaser for a valuable consideration without notice” of the lien held byappellee upon said house and lot. By the terms of the written contract it is difficult to determine the exact time the balance (after the first two payments) was to become due and payable. It is true that according to the construction given the contract by the circuit court, it was possible that said *balance*might have become due before the building had been either completed or roofed. But we think it may be fairly deduced, from the writing itself, that the parties did not contemplate the possibility of six months being consumed in the erection of the house, we are satisfied that they undertook that by the terms of the contract the whole price was to be paid within six months after its execution. Upon this hypothesis, we can account for the fact- that Alfred Orr had overpaid tha first two payments by amout two hundred dollars before this suit was brought, and that *he*is his original and amended answer. And *his father in his*original answer failed altogether to intimate to the court that the debt in favor of appellee was not due at the time they commenced this suit. The contract being uncertain upon its face, it is proper that some importance should be attached to the conduct and understanding of the contracting parties, in construing it, and considering all these things, we are inclined to concur with the circuit court in its conclusion upon this question. Hence we hold that said court did not abuse its discretion in overruling the motion of appellants to file their joint amended answer. We think said court properly deducted fifty dollars from the contract price on account of defective materials used in the construction of the building.

*Bool, for appellant.*

*Webster, for appellee.*

Wherefore, the judgment is affirmed upon both the appeal and cross-appeal.
EXHIBIT 10(bm)


                              FIRST AMENDMENT TO

                      HALLMARK FINANCIAL SERVICES, INC.

                  1994 KEY EMPLOYEE LONG TERM INCENTIVE PLAN


      1.   Introduction.    Resolutions   amending  the  Hallmark   Financial
 Services, Inc.  1994  Key  Employee Long  Term  Incentive  Plan  (the  "1994
 Employee Plan") were adopted by the  Board of Directors on January 9,  1996,
 and approved at  the Annual Meeting  of Shareholders  of Hallmark  Financial
 Services, Inc. on May 21, 1996.

      2.   Amendment.  In  accordance with Section  17 of  the 1994  Employee
 Plan, Section 2 of the 1994 Employee Plan is hereby amended by  substituting
 the number "1,500,000"  for the  number "500,000"  in each  place where  the
 latter occurs.

      3.   Effect on Other Provisions.   Except as expressly amended  hereby,
 the 1994 Employee Plan shall remain  in full force and effect as  originally
 adopted.
N OTICE OF A PPEARANCE ON B EHALF OF A PPELLEE Page 1 NO. 04-14-00864-CV

IN THE COURT OF APPEALS FOR THE FOURTH DISTRICT OF TEXA S AT SAN ANTONIO, TEXAS

JEREMIL RODRIGUEZ
Appellant

v.

JP MORGAN CHASE BANK
Appellee

N OTICE OF A PPEARANCE ON B EHALF OF A PPELLEE

The following counsel hereby make their appearance as counsel of

record for Appellee JPMo rgan Chase Bank, N.A.:

Marcie L. Schout (Lead Counsel)

Texas Bar No. 24027960 Wm. Lance Lewis

Texas Bar No. 12314560 Q UILLING , S ELANDER , L OWNDS , W INSLETT & M OSER , P.C. 2001 Bryan Street, Suite 1800 Dallas, Texas 75201 (214) 871-2100 (Telephone) (214) 871-2111 (Facsimile). ACCEPTED 04-14-00864-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 12/29/2014 1:45:16 PM KEITH HOTTLE CLERKN OTICE OF A PPEARANCE ON B EHALF OF A PPELLEE Page 2 Respectfully submitted,

/s/ Marcie L. Schout MARCIE L. SCHOUT Texas Bar No. 24027960 WM. LANCE LEWIS Texas Bar No. 12314560 Q UILLING , S ELANDER , L OWNDS , W INSLETT & M OSER , P.C. 2001 Bryan Street, Suite 1800 Dallas, Texas 75201 (214) 871-2100 (Telephone) (214) 871-2111 (Facsimile) mschout@qslwm.com llewis@qslwm.com

A TTORNEYS FOR A PPELLEE JPM ORGAN C HASE B ANK , N.A.

CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing pleading has been furnished to pro se Appellant in accordance with the Texa s Rules of Civil Procedure, this 29th day of D ecember, 2014.

Jeremil Rodriguez 909 E. Walnut Street Seguin, Texas 78155

/s/ Marcie L. Schout Marcie L. Schout

4837-5550-9025, v. 1
On appeal, appellant first contends that he did not need to

comply with NRS 147.040(1) because his legal malpractice claim would not diminish the decedent's estate. See Bell Brand Ranches, Inc. v. First Nat'l Bank of Nev., 91 Nev. 88, 91, 531 P.2d 471, 473 (1975). In particular, appellant contends that his claim, if successful, would be paid from proceeds of the decedent's professional liability insurance policy, which is not part of the decedent's estate. Respondents, however, counter that the insurance policy is subject to a $10,000 deductible, meaning that the first $10,000 of a successful claim would be paid by the decedent's estate, thereby diminishing the estate and requiring appellant to comply with NRS 147.040(1). Respondents' argument is consistent with Nevada law, see Bell Brand Ranches, 91 Nev. at 91, 531 P.2d at 472-73, and appellant has not disputed the argument's factual accuracy either in district court or on appeal. Accordingly, we conclude that the district court properly determined that appellant was required to comply with NRS 147.040(1). Wood, 121 Nev. at 729, 121 P.3d at 1029.

Appellant next contends that even if he needed to comply with NRS 147.040(1), the district court erred in determining that appellant did not satisfy NRS 147.040(3)'s exception for late-filed claims. We disagree. By its terms, NRS 147.040(3) permits a claimant to file a late claim only when "the claimant did not have notice as provided in NRS 155.020 or actual notice of the administration of the estate." Even accepting appellant's argument that he did not have notice as provided in NRS 155.020, appellant nevertheless had actual notice of the administration of the estate. Id. Specifically, it is undisputed that appellant knew of the decedent's death by December 2010, which was sufficient to constitute

SUPREME COUFtT

OF NEVADA 2

(0) 1947A COOactual notice of the estate's administration. 1 See Bell Brand Ranches, 91 Nev. at 92 n.3, 531 P.2d at 473 n.3 ("[Al late filing may be denied if the creditor has knowledge of the death of the decedent, for such knowledge charges him with duty of further inquiry."); Gardner Hotel Supply of Houston v. Estate of Clark, 83 Nev. 388, 392, 432 P.2d 495, 497 (1967) (same) Accordingly, we conclude that the district court properly dismissed appellant's complaint for failure to file a claim with the decedent's estate in compliance with NRS 147.040(1). We therefore

ORDER the judgment of the district court AFFIRMED.



### eveare Parraguirre

\ J. Saitta
cc: Chief Judge, The Eighth Judicial District Court Hon. Sally Loehrer, Senior Judge Carolyn Worrell, Settlement Judge Brent 

### D. Percival Lipson Neilson Cole Seltzer & Garin, P. C. Eighth District Court Clerk 'It should further be noted that, at the time appellant's potential malpractice claim against the decedent accrued in December 2010, appellant still had roughly two months within which to file a claim with the decedent's estate. NRS 147.040(1).

SUPREME COURT OF NEVADA 3 J.

(0) 1947A
<PAGE>

                                                                     EXHIBIT 4.6

                             CERTIFICATE OF INCREASE
                                       OF
                  SERIES E JUNIOR PARTICIPATING PREFERRED STOCK
                                       OF
                            HARKEN ENERGY CORPORATION

                       (Pursuant to Section 151(g) of the
                        Delaware General Corporation Law)

         Harken Energy Corporation a corporation organized and existing under
the General Corporation Law of the State of Delaware (the "Corporation") does
hereby certify:

         FIRST, that in a Certificate of Designation filed with the Secretary of
State of the State of Delaware on April 7, 1998, pursuant to Section 151 of the
General Corporation Law of the State of Delaware, the Corporation was authorized
to issue 175,000 shares of Series E Junior Participating Preferred Stock, as a
series of the Corporation's authorized Preferred Stock, par value $1.00 per
share;

         SECOND, that the board of directors of the Corporation by resolution
adopted March 6, 2003, duly authorized and directed that the number of shares of
the Corporation's Junior Series E Participating Preferred Stock be increased
from 175,000 shares to 3,300,000 shares.

         IN WITNESS WHEREOF, the Corporation has caused this Certificate to be
signed by its duly authorized officer on March 27, 2003.

                                HARKEN ENERGY CORPORATION


                                By:    /s/  A. Wayne Hennecke
                                       -----------------------------------------
                                       A. Wayne Hennecke, Senior Vice President-
                                       Finance and Secretary
**Exhibit32.2**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Inconnection with the Annual Report of Apollo Resources International, Inc.  (the “Company”) on Form 10-QSB for the periodending March 31, 2005 as filed with the Securities and Exchange Commission onthe date hereof (the “Report”), I J. Mark Ariail, Chief Financial Officer ofthe Company, certifies that:

 

3.             The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

4.             The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| /s/  J. Mark Ariail      |   |
|--------------------------|--------|
| J.  Mark Ariail          |
| Chief  Financial Officer |
| May  23, 2005            |

 

 

Asigned original of this written statement required by Section 906 has beenprovided to the Company and will be retained by the Company and furnished tothe Securities and Exchange Commission or its staff upon request.

 

----
{"version":"1.0","provider_name":"NASA","provider_url":"https:\/\/www.nasa.gov","author_name":"Claire A. O'Shea","author_url":"https:\/\/www.nasa.gov\/author\/claireaoshea\/","title":"NASA Awards $14 Million to Universities for Supportive STEM Efforts","type":"rich","width":600,"height":338,"html":"<blockquote class=\"wp-embedded-content\" data-secret=\"4qNQCJTyLh\"><a href=\"https:\/\/www.nasa.gov\/news-release\/nasa-awards-14-million-to-universities-for-supportive-stem-efforts\/\">NASA Awards $14 Million to Universities for Supportive STEM Efforts<\/a><\/blockquote><iframe sandbox=\"allow-scripts\" security=\"restricted\" src=\"https:\/\/www.nasa.gov\/news-release\/nasa-awards-14-million-to-universities-for-supportive-stem-efforts\/embed\/#?secret=4qNQCJTyLh\" width=\"600\" height=\"338\" title=\"“NASA Awards $14 Million to Universities for Supportive STEM Efforts” — NASA\" data-secret=\"4qNQCJTyLh\" frameborder=\"0\" marginwidth=\"0\" marginheight=\"0\" scrolling=\"no\" class=\"wp-embedded-content\"><\/iframe><script>\n\/*! This file is auto-generated *\/\n!function(d,l){\"use strict\";l.querySelector&&d.addEventListener&&\"undefined\"!=typeof URL&&(d.wp=d.wp||{},d.wp.receiveEmbedMessage||(d.wp.receiveEmbedMessage=function(e){var t=e.data;if((t||t.secret||t.message||t.value)&&!\/[^a-zA-Z0-9]\/.test(t.secret)){for(var s,r,n,a=l.querySelectorAll('iframe[data-secret=\"'+t.secret+'\"]'),o=l.querySelectorAll('blockquote[data-secret=\"'+t.secret+'\"]'),c=new RegExp(\"^https?:$\",\"i\"),i=0;i<o.length;i++)o[i].style.display=\"none\";for(i=0;i<a.length;i++)s=a[i],e.source===s.contentWindow&&(s.removeAttribute(\"style\"),\"height\"===t.message?(1e3<(r=parseInt(t.value,10))?r=1e3:~~r<200&&(r=200),s.height=r):\"link\"===t.message&&(r=new URL(s.getAttribute(\"src\")),n=new URL(t.value),c.test(n.protocol))&&n.host===r.host&&l.activeElement===s&&(d.top.location.href=t.value))}},d.addEventListener(\"message\",d.wp.receiveEmbedMessage,!1),l.addEventListener(\"DOMContentLoaded\",function(){for(var e,t,s=l.querySelectorAll(\"iframe.wp-embedded-content\"),r=0;r<s.length;r++)(t=(e=s[r]).getAttribute(\"data-secret\"))||(t=Math.random().toString(36).substring(2,12),e.src+=\"#?secret=\"+t,e.setAttribute(\"data-secret\",t)),e.contentWindow.postMessage({message:\"ready\",secret:t},\"*\")},!1)))}(window,document);\n<\/script>\n","thumbnail_url":"https:\/\/www.nasa.gov\/wp-content\/uploads\/2023\/07\/52785010548_9b628b9ec6_o.jpg?w=600","thumbnail_width":600,"thumbnail_height":428}
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 11-1619

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Thomas Dewayne Ross, also known as * Thomas Dwayne Ross, also known as * [UNPUBLISHED] Dewayne Ross, also known as Wayne, * * Appellant. *

___________ Submitted: December 12, 2011 Filed: February 15, 2012

___________ Before WOLLMAN, MELLOY, and COLLOTON, Circuit Judges.

___________ PER CURIAM. Thomas Ross appeals the 120-month sentence the district court 1 imposed after granting the government’s motion to reduce his sentence pursuant to Federal Rule of Criminal Procedure 35(b). He argues that th e extent of the district court’s reduction did not adequately reflect his assistance to the government. This court lacks jurisdiction under 18 U.S.C. § 3742(a) to cons ider such a challenge to the district

1 The Honorable Richard Kopf, United States District Judge for the District of Nebraska.court’s ruling on a Rule 35(b) motion. United States v. Haskins , 479 F.3d 955, 957 (8th Cir. 2007) (per curiam); United States v. Coppedge , 135 F.3d 598, 599 (8th Cir. 1998) (per curiam). Accordingly, the appeal is dismissed.

______________________________

-2-
{"version":"1.0","provider_name":"NASA","provider_url":"https:\/\/www.nasa.gov","author_name":"Dede Dinius","author_url":"https:\/\/www.nasa.gov\/author\/darin-l-diniusnasa-gov\/","title":"Donald \u201cStu\u201d Broce","type":"rich","width":600,"height":338,"html":"<blockquote class=\"wp-embedded-content\" data-secret=\"F7DfLlnEgA\"><a href=\"https:\/\/www.nasa.gov\/people\/donald-stu-broce\/\">Donald \u201cStu\u201d Broce<\/a><\/blockquote><iframe sandbox=\"allow-scripts\" security=\"restricted\" src=\"https:\/\/www.nasa.gov\/people\/donald-stu-broce\/embed\/#?secret=F7DfLlnEgA\" width=\"600\" height=\"338\" title=\"“Donald \u201cStu\u201d Broce” — NASA\" data-secret=\"F7DfLlnEgA\" frameborder=\"0\" marginwidth=\"0\" marginheight=\"0\" scrolling=\"no\" class=\"wp-embedded-content\"><\/iframe><script>\n\/*! This file is auto-generated *\/\n!function(d,l){\"use strict\";l.querySelector&&d.addEventListener&&\"undefined\"!=typeof URL&&(d.wp=d.wp||{},d.wp.receiveEmbedMessage||(d.wp.receiveEmbedMessage=function(e){var t=e.data;if((t||t.secret||t.message||t.value)&&!\/[^a-zA-Z0-9]\/.test(t.secret)){for(var s,r,n,a=l.querySelectorAll('iframe[data-secret=\"'+t.secret+'\"]'),o=l.querySelectorAll('blockquote[data-secret=\"'+t.secret+'\"]'),c=new RegExp(\"^https?:$\",\"i\"),i=0;i<o.length;i++)o[i].style.display=\"none\";for(i=0;i<a.length;i++)s=a[i],e.source===s.contentWindow&&(s.removeAttribute(\"style\"),\"height\"===t.message?(1e3<(r=parseInt(t.value,10))?r=1e3:~~r<200&&(r=200),s.height=r):\"link\"===t.message&&(r=new URL(s.getAttribute(\"src\")),n=new URL(t.value),c.test(n.protocol))&&n.host===r.host&&l.activeElement===s&&(d.top.location.href=t.value))}},d.addEventListener(\"message\",d.wp.receiveEmbedMessage,!1),l.addEventListener(\"DOMContentLoaded\",function(){for(var e,t,s=l.querySelectorAll(\"iframe.wp-embedded-content\"),r=0;r<s.length;r++)(t=(e=s[r]).getAttribute(\"data-secret\"))||(t=Math.random().toString(36).substring(2,12),e.src+=\"#?secret=\"+t,e.setAttribute(\"data-secret\",t)),e.contentWindow.postMessage({message:\"ready\",secret:t},\"*\")},!1)))}(window,document);\n<\/script>\n","thumbnail_url":"https:\/\/www.nasa.gov\/wp-content\/uploads\/2021\/01\/ed12-0222-04_p-1.jpg?w=600","thumbnail_width":600,"thumbnail_height":800}
CIPHER
HOLDING CORPORATION
 
 EXHIBIT
32.2
 
 Certification
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
 
 In
connection with the Quarterly Report of Cipher Holding Corporation (the
"Company") on Form 10-QSB/A for the year quarter ended March 31, 2004 as filed
with the Securities and Exchange Commission on the date hereof, I, Corey Conn,
Chief Financial Officer, certify, pursuant to section 906 of the Sarbanes-Oxley
Act of 2002, that to my knowledge: (1) the quarterly report fully complies with
the requirements of section 13(a) of the Securities Exchange Act of 1934; and
(2) the information contained in the quarterly report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.
 
 
 
 Date:
October 19, 2005
 
 
 /s/ Corey
Conn
 Chief
Financial Officer,
 
 
 
 
 A signed
original of this written statement required by Section 906 of the Sarbanes-Oxley
Act 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.
<PAGE>

                                                                   Exhibit 31.1

                                 CERTIFICATIONS

I, Rolland G. Divin, certify that:

1.       I have reviewed this Quarterly Report on Form 10-Q of Tom's Foods Inc.;

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(s) 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)) and internal control over financial
reporting 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; and

         (c) 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 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 the 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; 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: August 3, 2004



/s/ Rolland G. Divin
-------------------------------------------------
Rolland G. Divin
President, Chief Executive Officer and Director