alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

NUMBER 13-18-00022-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

RICHARD VALENZUELA, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 347th District Court

of Nueces County, Texas.

O R D E R

Before Chief Justice Valdez and Justices Contreras and Benavides

Order Per Curiam

Appellant, Richard Valenzuela, has filed a notice of appeal with this Court from 

his conviction in trial court cause number 14CR1104-H. The trial court’s certification of 

the defendant’s right to appeal shows that the defendant does not have the right to 

appeal. See TEX. R. APP. P. 25.2(a)(2). The Texas Rules of Appellate Procedure 

provide that an appeal must be dismissed if a certification showing that a defendant has 

a right of appeal is not made a part of the record. Id. R. 25.2(d); see id. R. 37.1, 44.3, 
2

44.4. The purpose of the certification requirement is to efficiently sort appealable cases 

from non-appealable cases so that appealable cases can “move through the system 

unhindered while eliminating, at an early stage, the time and expense associated with 

non-appealable cases.” Greenwell v. Ct. of Apps. for the Thirteenth Jud. Dist., 159 

S.W.3d 645, 649 (Tex. Crim. App. 2005); see Hargesheimer v. State, 182 S.W.3d 906, 

912 (Tex. Crim. App. 2006).

Within thirty days of date of this notice, appellant’s lead appellate counsel, Hon. 

John Grant Jones, is hereby ORDERED to: 1) review the record; 2) determine whether 

appellant has a right to appeal; and 3) forward to this Court, by letter, counsel’s findings 

as to whether appellant has a right to appeal and/or advise this Court as to the 

existence of any amended certification. If appellant’s counsel determines that appellant 

has a right to appeal, counsel is further ORDERED to file a motion with this Court within 

thirty days of this notice, identifying and explaining substantive reasons why appellant 

has a right to appeal. See TEX. R. APP. P. 44.3, 44.4; Dears v. State, 154 S.W.3d 610, 

614–15 (Tex. Crim. App. 2005); see also, e.g., Carroll v. State, 119 S.W.3d 838, 841 

(Tex. App.—San Antonio 2003, no pet.) (certification form provided in appendix to 

appellate rules may be modified to reflect that defendant has right of appeal under 

circumstances not addressed by the form). The motion must include an analysis of the 

applicable case law, and any factual allegations therein must be true and supported by 

the record. See Dears, 154 S.W.3d at 614–15; cf. Woods v. State, 108 S.W.3d 314, 

316 (Tex. Crim. App. 2003) (construing former appellate rule 25.2(b)(3) and holding that 

recitations in the notice of appeal must be true and supported by the record). Copies of 

record documents necessary to evaluate the alleged error in the certification affecting 
3

appellant’s right to appeal shall be attached to the motion. See TEX. R. APP. P. 10.1,

10.2.

PER CURIAM

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed the 10th day of January 2018.
#### Eliza Moore, etc., *v.*John Litsey.

Insolvency — Right- of Creditor to Follow Debtor’s Money.

Where a debtor invests money for the -benefit of his. wife and children, which ought -to' -have been applied in the discharge of his debt, the creditor hasi the .right to follow the money, notwithstanding several sales and re-inve-stments.

APPEAL PROM SPENCER CIRCUIT COURT.

March 18, 1873.

*A. P. Harcourt, for appellant.*

*Jas. H. Beauchamp, Thos. J. Barker, for appellee.*

Opinion by

Judge Lindsay :

From a careful inspection of the record, we are constrained to conclude that the tract of land, held by Vandyke as trustee for Mrs. Moore and children was in part paid for with moneys that ought to have been applied to the satisfaction .of the appellee’s claim. These moneys were invested by the debtor for the benefit of his wife and children, long after the debt to Litsey was contracted, and the latter has the right to follow them-, notwithstanding the several sales and reinvestments.

The elaborate and conclusive opinion of the circuit judge relieves this court from the necessity of reviewing the testimony.

Appellants have not the slightest ground for complaint. The judgment must be *affirmed.*
#### WOODSTONE APTS. v. STYWALT

No. 75P97

Case below: 125 N.C.App. 215

Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 5 June 1997.
11030.

#### Tuggle *v.*The State.

Decided January 6, 1920.

Indictment for burglary; from'Troup superior court—Judge Terrell. September *29,*1919.

*L. L. Meadors,*for plaintiff in error.

*OE. Hoop, solicitor-general,*contra.

Bboyles, O. J.

1. The court did not err in excluding the testimony of a witness given on the defendant’s commitment trial, it not appearing that the witness had died, or become disqualified or inaccessible, since that trial. See Penal Code (1910), § 1027.

2. The 2d special ground of the motion for a new trial is expressly abandoned in the brief of counsel for plaintiff in error.

3. Under the repeated rulings of the Supreme Court and of this court that a special ground of a motion for a new trial must be complete and understandable within itself, the 3d special ground of the motion for a new trial is too defective to be considered.

4. The defendant’s conviction was authorized by the evidence, and the court did not err in overruling the motion for a new trial.

*Judgment affirmed.*

*Luke and Bloodworth, JJ., concur.*
<PAGE>   1
                       SECURITIES AND EXCHANGE COMMISSION

                            Washington, D.C., 20549

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

                                    FORM 8-K

                                 CURRENT REPORT

                     Pursuant to Section 13 or 15(d) of the
                       Securities Exchange Act of 1934

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

                            Date of Report (Date of
                   Earliest event reported):  June 8, 1998

                                  OPTEL, INC.
                                  -----------
             (Exact name of registrant as specified in its charter)

           Delaware                                                   90-4495524
----------------------------------                                    ----------
(State or other jurisdiction                     (I.R.S. Employer Identification
of incorporation or organization)                        number)

                                   333-24891
                                   ---------
                            (Commission File Number)

          1111 West Mockingbird Lane, Suite 1000, Dallas, Texas 75247
          -----------------------------------------------------------
          (Address of principal executive offices)            (Zip Code)


Registrant's telephone number, including area code: (214) 634-3000
<PAGE>   2

ITEM 5:   OTHER MATERIALLY IMPORTANT EVENTS

     On June 8, 1998, the Registrant issued the press release attached hereto
as Exhibit "A" announcing the filing with the Securities and Exchange
Commission of a registration statement for a primary offering of shares of its
Class A Common Stock.

ITEM 7.   EXHIBITS

     Press Release, dated June 8, 1998.

<PAGE>   3
                                   SIGNATURE

     Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.

Date: June 8, 1998

                                        OpTel, Inc.
                                        -----------
                                        (Registrant)


                                        By:/s/ MICHAEL E. KATZENSTEIN
                                           ------------------------------------
                                           Name: Michael E. Katzenstein
                                           Title: Vice President, Legal Affairs,
                                                  General Counsel and 
                                                  Secretary
<PAGE>   4
                                EXHIBIT INDEX
                                -------------

Exhibit
  No.           Description                                     Page No.
-------         -----------                                     --------
  99            Press Release dated June 8, 1998
10573.

#### MULHERIN *v.*SABEL & ROTHSCHILDS.

Whether acceptance of an offer to sell was within a reasonable time was a question for the jury, under the allegations of the plaintiff’s (the acceptor’s) petition, where it appeared that the offer was made by letter dated on the 22d day of the month, mailed at Augusta, Georgia, and addressed to Jacksonville, Elorida, and the acceptance was by telegram from Jacksonville, dated on the 24th day of the same month.

Decided October 20, 1919.

Complaint; from city court of Richmond county—Judge Black. April 25, 1919.

I. *S. Peebles Jr.,*for plaintiff in error. *S. IJ. Myers,*contra.

Smith, J.

The petition in this case set out substantially tha' by telegrams and letters exchanged between the parties (copies of which were attached to the petition) the defendant entered into a contract to sell a described engine to the plaintiffs for the price of $350; and the only question raised by the general demurrer of the defendant was whether the plaintiffs waited too long,—an unreasonable time,—in accepting his offer of sale, his letter being dated April 22,1918, and mailed at Augusta, Georgia, to the plaintiffs at Jacksonville, Florida, and the answer by wire being dated April 24, 1918, Jacksonville, Florida. Under the allegations of the petition it was a question of fact, for the jury to determine, whether or not the answer by wire was made within a reasonable time. The court therefore did not err in overruling the general demurrer.

*Judgment affirmed.*

*Jenlcins, P. J., and Stephens, J., concur.*
<PAGE>
 
                                                                      EXHIBIT 23


                      CONSENT OF INDEPENDENT ACCOUNTANTS


We consent to the incorporation by reference in the McFarland Energy, Inc. 
Registration Statements on Form S-8 (#33-28568 and #33-86984) of our report, 
dated March 8, 1996, on our audits of the consolidated financial statements of 
McFarland Energy, Inc. and subsidiary as of December 31, 1995 and 1994, and for 
each of the three years in the period ended December 31, 1995, which report is 
included in this annual report on Form 10-K.


                                               /s/ COOPERS & LYBRAND L.L.P.


Newport Beach, California
March 21, 1996


                               108
EXHIBIT 21.1

SUBSIDIARIES

The companies listed below are the primary subsidiaries of the Corporation. The financial data for these subsidiaries comprised the Corporation's consolidated
financial statements.

|Name of Company                                                   |  | Organized
Under
Laws of
|----------------------------------------------------------------- |  | -----------------------
|Domestic:                                                         |  |                        
|Symmetry Medical USA Inc.                                         |  | Delaware               
|Symmetry Medical International Inc.                               |  | Delaware               
|Mettis Group Inc.                                                 |  | Delaware               
|Ultrexx, Inc.(a)                                                  |  | Indiana                
|Jet Engineering, Inc.(a)                                          |  | Michigan               
|UCA, LLC                                                          |  | Tennessee              
|Specialty Surgical Instrumentation, Inc. (d/b/a SSI, Inc.)        |  | Tennessee              
|Symmetry Medical SSI Real Estate, LLC                             |  | Tennessee              
|Riley Medical Inc.                                                |  | Massachusetts          
|SMA Real Estate LLC                                               |  | Maine                  
|Symmetry Medical Everest LLC                                      |  | Delaware               
|TNCO, Inc.                                                        |  | Massachusetts          
|Symmetry Medical New Bedford, LLC                                 |  | Delaware               
|Symmetry New Bedford Real Estate, LLC                             |  | Delaware               
|International:                                                    |  |                        
|Symmetry Medical Cheltenham Limited (f/k/a Othy Limited)          |  | England                
|Poly-Vac France S.A.R.L.                                          |  | France                 
|Symmetry Medical Poly-Vac S.A.S. (f/k/a Poly-Vac S.A.)            |  | France                 
|Mettis (UK) Limited(a)                                            |  | England                
|Thornton Precision Components Limited(a)                          |  | England                
|Medicast Limited                                                  |  | England                
|Arthur Robinson & Sons (Willenhall) Limited                       |  | England                
|Everest Medical International, Ltd.                               |  | Ireland                
|Whedon Limited                                                    |  | England                
|Clamonta Limited                                                  |  | England                
|Symmetry Medical Switzerland SA (f/k/a Riley Medical Europe S.A.) |  | Switzerland            
|Symmetry Medical Malaysia, SDN                                    |  | Malaysia               

---

---



QuickLinks
<PAGE>   1
                                                                    EXHIBIT 23.5




              Consent of Independent Certified Public Accountants



We hereby consent to the incorporation by reference in the Prospectus
constituting a part of this Registration Statement on Form S-8 of our report 
dated March 17, 1998, relating to the consolidated financial statements and 
schedules of National Realty, L.P. (the "Partnership") appearing in the 
Partnership's Annual Report on Form 10-K for the year ended December 31, 1997.



                                   /s/ BDO SEIDMAN, LLP

                                   BDO Seidman, LLP


Dallas, Texas
April 3, 1998
Exhibit 10. (j)

 

 

 

 

GRANTOR TRUST AGREEMENT

 

Dated as of March 19, 2007

 

and

 

Effective as of March 1, 2007

 

among

 

Lincoln Life & Annuity Company of New York

 

as Grantor

 

ING Life Insurance and Annuity Company

 

as Beneficiary

 

and

 

The Bank of New York

 

as Trustee

 

and

 

The Bank of New York

 

as Securities Intermediary

 

 

----
10576.

#### Akin *v.*Todd.

Decided November 6, 1919.

Certiorari; from Tattnall superior court—Judge Sheppard. April 9, 1919.

*Collins & Stanfield,*for plaintiff in error.

Smith, J.

1. Notwithstanding a petition for certiorari may contain an assignment of error raising a question of law, yet where the determination of the case depends entirely upon a contested issue of fact, a judgment rendered by the magistrate is not reviewable by certiorari. Therefore in this case the judge of the superior court did not err in dismissing the certiorari. See *Toole*v. *Edmonson,*104 *Ga.*776 (31 S. E. 25), and cases there cited.

2. “It can make no difference for what reason the writ of certiorari was dismissed in this ease; the court did right in dismissing the same, and affirming the judgment of the justice.” *Wilson*v. *Burks,*71 *Ga.*862; *McPherson*v. *Stroup,*100 *Ga.*228 (28 S. E. 157).

*Judgment affirmed.*

*Jenlcins, P. J., and Stephens, J., conew.*
DISTRICT COURT OF APPEAL OF FLORIDA

SECOND DISTRICT

REGINALD A. WALKER,

Petitioner,

v.

SHEVAUN HARRIS, Secretary, Department of Children 

and Family Services; GENNA BRISSON; DONALD SAWYER; 

JON CARNER; and EMILY SALEMA;

Respondents.

No. 2D2023-2524

July 10, 2024

Petition for Writ of Certiorari to the Circuit Court for the Twelfth Judicial 

Circuit for DeSoto County; sitting in its appellate capacity.

Reginald A. Walker, pro se.

Ashley Moody, Attorney General, Tallahassee, and Jessica Schwieterman, 

Senior Assistant Attorney General, Tampa, for Respondent Shevaun 

Harris.

No appearance for remaining Respondents.

PER CURIAM.

Dismissed.

ROTHSTEIN-YOUAKIM, SMITH, and LABRIT, JJ., Concur.

Opinion subject to revision prior to official publication.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 December 17, 2014

Order 

Clerk

December 17, 2014

150404(3)

IN RE J. CEDRIC SIMPSON, JUDGE

14A DISTRICT COURT SC: 150404

JTC Formal Complaint 96

BEFORE THE JUDICIAL TENURE COMMISSION

___________________________________________/

On order of the Court, the December 2, 2014 order of the Court appointing the 

Hon. Timothy P. Pickard as master to hear Judicial Tenure Commission Formal 

Complaint No. 96 is RESCINDED. On further order of the Court, the Hon. Peter D. 

Houk is appointed as master to hear the formal complaint.
**EXHIBIT 31.1**

**BG FINANCIAL GROUP,INC.CERTIFICATION—PRESIDENT AND CHIEF EXECUTIVE OFFICER**

I, J. Robert Grubbs, certify that:

1.     I havereviewed this annual report on Form 10-K/A-1 of BG FinancialGroup, Inc.

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

3.     Based onmy knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

4.     Theregistrant’s other certifying officers and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15eand 15d-15e) for the registrant and we have:

a)     designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

b)     evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

c)     disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting.

5.     Theregistrant’s other certifying officers and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):

a)     allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

b)     any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’s internalcontrol over financial reporting.

| Date: April 30, 2007 | Signature: | /s/ J. ROBERT  GRUBBS                   |
|---------------------------|------------|-----------------------------------------|
|                      |       | J. Robert Grubbs                        |
|                      |       | *President and Chief Executive Officer* |

 

----
<TABLE> <S> <C>

<ARTICLE>                     5
<MULTIPLIER>                                         1
<CURRENCY>                                U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               MAR-31-1997
<EXCHANGE-RATE>                                      1 
<CASH>                                          35,322 
<SECURITIES>                                 1,282,214 
<RECEIVABLES>                                        0 
<ALLOWANCES>                                         0 
<INVENTORY>                                          0 
<CURRENT-ASSETS>                             1,345,383 
<PP&E>                                               0 
<DEPRECIATION>                                       0 
<TOTAL-ASSETS>                               1,345,383 
<CURRENT-LIABILITIES>                           90,926 
<BONDS>                                              0 
<PREFERRED-MANDATORY>                        2,895,200 
<PREFERRED>                                          0 
<COMMON>                                        23,241 
<OTHER-SE>                                  (1,663,984)
<TOTAL-LIABILITY-AND-EQUITY>                 1,345,383 
<SALES>                                              0 
<TOTAL-REVENUES>                                     0 
<CGS>                                                0 
<TOTAL-COSTS>                                        0 
<OTHER-EXPENSES>                               129,135 
<LOSS-PROVISION>                                     0 
<INTEREST-EXPENSE>                               6,723 
<INCOME-PRETAX>                                (51,214)
<INCOME-TAX>                                         0 
<INCOME-CONTINUING>                                  0 
<DISCONTINUED>                                       0 
<EXTRAORDINARY>                                      0 
<CHANGES>                                            0 
<NET-INCOME>                                   (51,214)
<EPS-PRIMARY>                                     (.01)
<EPS-DILUTED>                                     (.01)
                                           

</TABLE>
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OP VIRGINIA Alexandria Division
RANDALL TODD ROYER Plaintiff,

v. FEDERAL BUREAU OF PRISONS Defendant. l:10-cv-0146 (LMB/IDD)

MEMORANDUM OPINION Before the Court is the defendant's Motion to Dismiss or for Summary Judgment [Dkt. No. 23]. For the reasons discussed below, the Court finds that venue is improper in the Eastern District of Virginia. Accordingly, the Court will not address the Motion to Dismiss but will transfer this civil action to the United States District Court for the District of Columbia.
I. Background This is a civil action against the Federal Bureau of Prisons 

### ("BOP"), an agency of the United States Department of Justice, located inthe District of Columbia. The pro se plaintiff, Randall ToddRoyer, also known as Ismail Royer, is a federal inmate in the 

### custodyof the BOP. OnJanuary 16, 2004, Royerpled guiltybefore this Court to one count of aiding and abetting the use and discharge of a firearm during and inrelation to a crime of 

### violence (conspiracy to violate the NeutralityAct), inviolation 

### of 18 U.S.C. §§ 924(c)(2) & 3238, and one count of aiding and abetting the carrying of anexplosive during the commission of a 

### L NOV I92010 CLERK, U.S. DISTRICTCOURT ALEXANDRIA, VIRGINIA