alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### NUMBER 13 - 1 3 - 00 640 - CR 

## COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

____________________________________________________________ J OSE TORRES JR. , A ppellant ,
v. THE STATE OF TEXAS, A ppellee

.

____________________________________________________________

On a ppeal from the 404 th District Court of Cameron County, Texas.

____________________________________________________________



## ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Benavides and Longoria Order Per Curiam Appellant, Jose Torres Jr. , has filed a notice of appeal with this Court from his conviction in trial court cause number 2012

- DCR

- 1236

- G . The trial court's certification of the defendant's right to appeal shows that the defendant does not have the right to appeal. See T EX

. R. A PP

. P . 25.2(a)(2).2

On November 25, 2013 , we ordered appellant's counsel, Juan Jose Martinez , to, within thirty days, review the record and advise this Court as to whether appellant has a right to appeal. See T EX

. R. A PP

. P . 44.3, 44.4. No response to this Court's order has been received. Therefore, we A BATE this appeal and R EMAND this cause to the trial court for a hearing to determine why counsel has failed to comply with this Court's order. The trial court's findings and conclusion s shall be included in a supplemental clerk's record. The trial court shall file the supplemental clerk's record and reporter's record, if any, with the Clerk of this Court within thirty days of the date of this order. If the trial court determines that c ounsel is unable to represent appellant in this matter, the trial court shall conduct a hearing to determine whether appellant desires to prosecute the appeal, whether appellant is indigent, and whether appellant is entitled to appointed counsel. See Pens on v. Ohio , 488 U.S. 75, 83

- 84 (1988); Stafford v. State , 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We further direct the trial court to issue findings of fact and conclusions of law regarding these issues. Should the trial court find that appellant de sires to pursue this appeal, is indigent, and is entitled to appointed counsel, the trial court shall appoint counsel. If counsel is appointed, the name, address, telephone number, and state bar number of said counsel shall be included in the trial court' s findings of fact and conclusions of law. PER CURIAM Do not publish. T EX

. R. A PP

. P. 47.2(b).
D elivered and filed the 12 th day of February , 20 1 4

.
#### S. P. Worsham’s Adm’r *v.*Pearson Miller.

Bankruptcy — New Promise to Pay — Recovery of Interest.

A promise to pay a debt after discharge in bankruptcy is upon a valid consideration and may be enforced.

Interest.

If plaintiff may recover on such a debt he is entitled to recover interest as well as principal.

APPEAL PROM LINCOLN CIRCUIT COURT.

June 30, 1874.

*Hill & Alcorn, for appellant.*

*Vanwinkle & Rodes, for appellee.*

Opinion by

Judge Lindsay :

The demurrer to the original petition was properly overruled. The promise to pay the debt after the discharge in bankruptcy is sufficiently averred, and the right to recover is based upon said promise.

There is some proof conducing to establish the promise. The statement of the intestate made to J. W. M. Miller in Atlanta, whilst of itself is insufficient to establish the promise, certainly does conduce to show that Worsham ha.d agreed to pay the debt; and the interview between Worsham and Saufley, when considered in the light of said statement to J. W. M. Miller, would have authorized a jury to infer the making of the promise. Certainly, with such proof before the jury, the court should not have instructed as in the case of a nonsuit. The finding of the court must in this case be treated as the verdict of a jury. It was not error to give judgment for interest; if the intestate agreed to pay the debt at all, he agreed to pay all of it, interest as well as principal.

Judgment *affirmed.*
GERALD E. MOBLEY,

Appellant,

v.

THE BANK OF NEW YORK 

MELLON FKA THE BANK OF 

NEW YORK, AS TRUSTEE 

FOR THE 

CERTIFICATEHOLDERS OF 

THE CWABS, INC. ASSETBACKED CERTIFICATES, 

SERIES 2007-8, 

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D15-2486

_____________________________/

Opinion filed February 16, 2016.

An appeal from an order of the Circuit Court for Alachua County.

Toby S. Monaco, Judge.

Gerald E. Mobley, pro se, Appellant.

Toby Foor-Pessin and Charles P. Gufford, of McCalla Raymer, LLC, Orlando; and 

Daniel F. Blanks of Nelson Mullins Riley & Scarborough LLP, Jacksonville, for 

Appellee.

PER CURIAM.

Having considered appellant’s response to the Court’s order of June 4, 2015, 

the appeal is dismissed as untimely. See Fla. R. App. P. 9.110(b). The dismissal is 
2

without prejudice to appellant’s right to seek relief in the trial court. Williams v. 

Roundtree, 464 So. 2d 1293 (Fla. 1st DCA 1985); Snelson v. Snelson, 440 So. 2d 

477 (Fla. 5th DCA 1983).

LEWIS, BILBREY, and KELSEY, JJ., CONCUR.
##### 



Doral Financial Corporation
Computation of Ratio of Earnings to Fixed Charges and Preferred Stock Dividends
 Six Month Period EndedJune 30, 2005Including Interest on DepositsEarnings:Pre-tax income from continuing operations
    
    $
    22,108Plus:Fixed Charges (excluding capitalized interest)
    
    
    304,054Total Earnings
    
    $
    326,162Fixed Charges:Interest expensed and capitalized
    
    $
    301,772Amortized premiums, discounts, and capitalized
expenses related to indebtedness
    
    
    833An estimate of the interest component within rental expense
    
    
    1,449Total Fixed Charges before preferred dividends
    
    
    304,054Preferred dividends
    
    
    16,650Ratio of pre tax income to net income
    
    
    1.345Preferred dividend factor
    
    
    22,392Total fixed charges and preferred stock dividends
    
    $
    326,446Ratio of Earnings to Fixed Charges and Preferred Stock Dividends
    
    
    1.00Excluding Interest on DepositsEarnings:Pre-tax income from continuing operations
    
    $
    22,108Plus:Fixed Charges (excluding capitalized interest)
    
    
    258,419Total Earnings
    
    $
    280,527Fixed Charges:Interest expensed and capitalized
    
    $
    256,137Amortized premiums, discounts, and capitalized
expenses related to indebtedness
    
    
    833An estimate of the interest component within rental expense
    
    
    1,449Total Fixed Charges before preferred dividends
    
    
    258,419Preferred dividends
    
    
    16,650Ratio of pre tax income to net income
    
    
    1.345Preferred dividend factor
    
    
    22,392Total fixed charges and preferred stock dividends
    
    $
    280,811Ratio of Earnings to Fixed Charges and Preferred Stock Dividends
    
    
    1.00
State of Wyoming

                                  Office of the
                               Secretary of State

United States of America, }
State of Wyoming          } ss.

         I, JOSEPH B.  MEYER,  Secretary  of State of the State of  Wyoming,  do
hereby certify

                        SAFE TRANSPORTATION SYSTEMS INC.

a  corporation  originally  organized  under the laws of the  BRITISH  COLUMBIA,
CANADA,  did on OCTOBER 17, 2000,  apply for a Certificate of  Registration  and
filed  Articles  of  Continuance  in the  office  of the  Secretary  of State of
Wyoming.

         I FURTHER CERTIFY that SAFE  TRANSPORTATION  SYSTEMS INC. has renounced
its original COUNTRY of incorporation, and is now incorporated under the laws of
the state of Wyoming in accordance with W. S. 17-16-1710.

         IN  TESTIMONY  WHEREOF,  I have  hereunto  set my haled and affixed the
Great Seal of the State of Wyoming. Done at Cheyenne, the Capital, this l7th day
of OCTOBER A.D., 2000.

By: /s/ Joseph B. Meyer
-----------------------
        Joseph B. Meyer
        Secretary if State

By:/s/  Troy Niesen
--------------------
        Troy Niesen

<PAGE>


                                State of Wyoming

                                  Office of the
                               Secretary of State

United States of America,  }
State of Wyoming           }  ss.

         I JOSEPH  B.  MEYER,  Secretary  of State of the State of  Wyoming,  do
hereby certify that SAFE  TRANSPORTATION  SYSTEMS INC. a corporation  originally
organized under the laws of the province of British Columbia, on JULY 7,1998 and
thereafter requested to be continued into the state of Wyoming. This corporation
did  on  OCTOBER  17,  2000,  complete  all  filing  required  of  a  continuing
corporation  to qualify  and become a Wyoming  corporation  without any break in
corporate existence.

         1 FURTHER  CERTIFY that this  corporation  has filed all annual reports
and paid all annual  license  taxes to date, or is not yet required to file such
annual  reports;  and that  Articles of  Dissolution  have not been filed,  thus
making the corporation in existence in the State of Wyoming.

IN TESTIMONY  WHEREOF, I have hereunto set my hand and affixed the Great Seal of
the State of Wyoming.  Done at Cheyenne,  the Capital,  this 19"' day of OCTOBER
A.D., 2000.

By: /s/ Joseph B. Meyer
-----------------------
        Joseph B. Meyer
        Secretary if State

By:/s/  Troy Niesen
--------------------
        Troy Niesen



<PAGE>
Exhibit 32.1


CERTIFICATION OF PRESIDENT AND CHIEF EXECUTIVE OFFICER PURSUANT
TO SECTION 1350
(furnished, not filed)

In connection with the Quarterly Report of Black
  Warrior Wireline Corp. (the Company) on Form 10-Q for the quarter ending June
  30, 2004 as filed with the Securities and Exchange Commission on the date hereof
  (the Report), I, William L. Jenkins, President and Chief Executive Officer
  of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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; and


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


/s/ William L. Jenkins

William L. Jenkins
  President and Chief Executive Officer 
  August 26, 2004



---
EXHIBIT 32.01

CERTIFICATION PURSUANT TO

RULE 13a-14(b) OF THE SECURITIES EXCHANGE ACT OF 1934

AND 18 U.S.C. SECTION 1350

In connection
with the Annual Report of Kana Software, Inc. (the Registrant) on Form 10-K/A for the annual period ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I,
Michael S. Fields, Chief Executive Officer of the Registrant, certify, in accordance with Rule 13a-14(b) of the Securities Exchange Act of 1934 and 18 U.S.C. Section 1350, that to the best of my knowledge:

(1) The Report, to which this certification is attached as Exhibit 32.01, 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 Registrant.



|                     |  |  |  |                        
|-------------------- |  |  |  | -----------------------
|                     |  | 
|Dated: June 15, 2009 |  |  |  | /s/ MICHAEL S. FIELDS  
|                     |  |  |  | Michael S. Fields      
|                     |  |  |  | Chief Executive Officer

A signed original of this written statement required by Rule 13a-14(b) of the Securities Exchange Act of
1934 and 18 U.S.C. Section 1350 has been provided to the Registrant and will be retained by the Registrant and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 21.1

SUBSIDIARIES



|                                              |  |                       
|--------------------------------------------- |  | ----------------------
|Name                                          |  | State of Incorporation
|Concept Pharmaceuticals, LLC                  |  | Alabama               
|SeniorScript, LLC                             |  | Alabama               
|Coalition for Advanced Pharmacy Services, LLC |  | Delaware              
|First Rx Specialty and Mail Services, LLC     |  | Delaware              
|HealthExtras Benefits Administrator, Inc.     |  | Delaware              
|HospiScript Services, LLC                     |  | Delaware              
|Managed Healthcare Systems, Inc.              |  | Florida               
|Catalyst Consultants                          |  | Nevada                
|Catalyst Rx                                   |  | Nevada                
|Catalyst Rx Government Services, Inc.         |  | Nevada                
|Catalyst Rx Rebate Management, Inc.           |  | Nevada                
|Catalyst PRx, LLC                             |  | Nevada                
|Catalyst PRx Government Services, LLC         |  | Nevada                
|Total Script, LLC                             |  | Nevada                
|Catalyst Rx IPA, Inc.                         |  | New York              
|Immediate Pharmaceutical Services, Inc.       |  | Ohio
Exhibit 32.2  Certification of
Principal Financial Officer Pursuant to 18 U.S.C.
1350 (Section 906 of the
Sarbanes-Oxley Act of 2002)   I, Michael R. Williams, Chief Executive
Officer and Principal Accounting Officer of Interline Resources Corporation (the
"Registrant") do hereby certify, pursuant to 18 U.S.C. Section 1350 as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of
our knowledge, based upon a review of the Quarterly Report on Form 10-Q for the
period March 31, 2008 of the Registrant, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"):  (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 Registrant.  Dated:  December 17, 2008 By:  /s/
Michael R. Williams Michael
R. Williams Chief
Executive Officer and Principal Accounting Officer  * A signed original of this
written statement required by Section 906 has been provided to Interline
Resources Corporation and will be retained by Interline Resources Corporation
and furnished to the Securities Exchange Commission or its staff upon
request.
**EXHIBIT 23.2**

**NOTICE REGARDING CONSENT OF ARTHUR ANDERSEN LLP**

Section 11(a) of theSecurities Act of 1933, as amended (the “Securities Act”), provides that if anypart of a registration statement at the time such part becomes effectivecontains an untrue statement of a material fact or an omission to state amaterial fact required to be stated therein or necessary to make the statementstherein not misleading, any person acquiring a security pursuant to suchregistration statement (unless it is proved that at the time of such acquisitionsuch person knew of such untruth or omission) may sue, among others, everyaccountant who has consented to be named as having prepared or certified anypart of the registration statement, or as having prepared or certified anyreport or valuation which is used in connection with the registration statement,with respect to the statement in such registration statement, report orvaluation which purports to have been prepared or certified by the accountant.

This Form 10-K isincorporated by reference into Foundry’s filings on Form S-8 Nos. 333-96889,333-48560, 333-41648 and 333-88817 (collectively, the “Registration Statements”)and, for purposes of determining any liability under the Securities Act, isdeemed to be a new registration statement for each Registration Statement intowhich it is incorporated by reference. 

On June 24, 2002,Foundry dismissed Arthur Andersen LLP as its independent auditor and appointedErnst & Young LLP to replace Arthur Andersen. Shortly thereafter, Arthur Andersen LLP ceased operations. As a result, Foundry has been unable to obtainArthur Andersen’s written consent to the incorporation by reference intothe Registration Statements of its audit report with respect to Foundry’sfinancial statements as of December 31, 2001 and 2000 and for the years thenended. Under these circumstances, Rule 437a under the Securities Act permitsFoundry to file this Form 10-K without a written consent from Arthur Andersen.As a result, however, Arthur Andersen will not have any liability under Section11(a) of the Securities Act for any untrue statements of a material factcontained in the financial statements audited by Arthur Andersen or anyomissions of a material fact required to be stated therein. Accordingly, youwould be unable to assert a claim against Arthur Andersen under Section 11(a) ofthe Securities Act for any purchases of securities under the RegistrationStatements made on or after the date of this Form 10-K. To the extent providedin Section 11(b)(3)(C) of the Securities Act, however, other persons who areliable under Section 11(a) of the Securities Act, including the Company’sofficers and directors, may still rely on Arthur Andersen’s original auditreports as being made by an expert for purposes of establishing a due diligencedefense under Section 11(b) of the Securities Act.
IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA * 

 * 

v. * 

 * Criminal No. 08-00327-CG 

A. SAMUEL KELLEY, II, * 

JASON R. KELLEY and * 

JODI C. SILVIO, *

 * 

 Defendants * 

ORDER 

This matter is before the court on the joint motion of the government and the abovenamed defendants to seal the trial exhibits and transcripts until such time as the appeal 

process has concluded. (Doc. 891). 

 Having considered the motion and the reasons set forth therein, the court agrees that the 

motion is due to be granted, with the following caveat. If any member of the public or press 

seeks access to the sealed transcript or exhibits during the pendency of the appeal process, the 

court will require the parties to file their transcript redaction requests within 30 days of the date 

of the court’s notification to the parties that such a request has been made. Only after the 

redactions have been made will the transcripts and exhibits be made public. 

 Accordingly, it is ORDERED that the joint motion to seal is hereby GRANTED, and the 

transcripts and exhibits specified in the joint motion (Docs 718, 762, 879-882, and 886) are to 

remain SEALED until the requested redactions are completed. 

DONE and ORDERED this 30th day of March, 2011. 

 /s/ Callie V. S. Granade 

 UNITED STATES DISTRICT JUDGE 

Case 1:08-cr-00327-CG-B Document 894 Filed 03/30/11 Page 1 of 1
**EXHIBIT
10.20**
 ****
 **LEASE
SUMMARY**
 
 **Landlord** — Africa Israel Ltd.
 
 **Facility** — 2
Yodfat Street, Lod, Israel 71291
 
 **Execution
date** — April
15, 2004, as supplemented on June 17, 2004 and January 19, 2005 to increase the
square footage under the original lease.
 
 **Lease
area** — 3,284
m 2 (35,348
ft 2 )
including relative part in the public areas. This does not include approximately
242 m 2 (2,600
ft 2 ) Medis
previously leased at the facility.
 
 **Lease
period** —
December 1, 2004 through November 30, 2009.
 
 **Option
periods** — 2
option period of 30 months each after the lease period. The price for the first
option period will be an addition of 12%. The price for the second option
period will be an addition of 5%.
 
 **Participation
of Landlord in the construction budget**—**** Landlord
will contribute the sum of $350 per m 2 for the
square footage under the original lease and the first supplement and $309 per
m 2  for the
square footage under the second supplement, for a total of
$1,037,000.
 
 **Construction
budget** — The
budget refers to building of offices and laboratories, not including equipment,
carpentry, special equipment, Biological & Chemical safety cabinets,
blowers, gas systems, control systems and security systems, but preparation of
infrastructure for these systems is included. The landlord will charge Medis 10%
of the construction cost budget for its roll as general contractor and
supervisor.
 
 **Right
to terminate the contract against compensation** . — Medis
will have the right to terminate the contract with 6 months advanced notice,
after 36 months or after 48 months against payment of 40% or 20%, respectively,
of the construction budget. Additionally, Medis has the right to terminate the
contract at any point if it will be able to find another tenant approved by the
landlord.
 
 **Lease
payments**—**** Except as
described in the next sentence, the lease payments for the first 30 months shall
be $9.00 per m 2 per
month and for the second 30 months shall be $9.50 per m 2 per
month, plus expenses for management and maintenance of approximately $2.00 per
m 2 per
month. The lease payments for 283 m 2 of the
space shall be $5.00 per m 2 per
month. Payment shall be made in New Israeli Shekels and will be linked to the
consumer price index. The payments will be made in three month
installments.
 
 **Bank
guarantee**—**** Medis
will provide a bank guarantee in an amount equivalent to 6 months rent payments
(cost of approximately $1,500 each year).
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Shelter
Properties I Limited Partnership's 1996 Third Quarter 10-QSB and is qualified in
its entirety by reference to such 10-QSB filing.
</LEGEND>
<CIK> 0000316220
<NAME> SHELTER PROPERTIES I LIMITED PARTNERSHIP
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       1,362,338
<SECURITIES>                                         0
<RECEIVABLES>                                   11,246
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                      19,208,514
<DEPRECIATION>                              12,788,289
<TOTAL-ASSETS>                               8,691,697
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                      9,142,806
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   (987,901)
<TOTAL-LIABILITY-AND-EQUITY>                 8,691,697
<SALES>                                              0
<TOTAL-REVENUES>                             3,564,014
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             3,131,520
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             703,830
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   432,494
<EPS-PRIMARY>                                    28.54
<EPS-DILUTED>                                        0
<FN>
<F1>Registrant has an unclassified balance sheet.
</FN>
        

</TABLE>