alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion issued March 10, 2020

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-19-00766-CV

———————————

IN RE ARNOLD BROWN, DBA ARNOLD BROWN CONSTRUCTION 

COMPANY, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Arnold Brown, dba Arnold Brown Construction Company, filed a 

petition for writ of mandamus challenging the trial court’s order striking relator’s 

pleadings and entering an interlocutory judgment.1 Relator argued that the trial court 

abused its discretion in imposing death penalty sanctions.

1 The underlying case is Monica Hawkins v. Arnold Brown dba Arnold Brown 

Construction Company, et al., cause number 2011-49521, pending in the 189th 

District Court of Harris County, Texas, the Honorable Scot Dollinger presiding.
2

Because the trial judge who signed the orders challenged in this proceeding is 

no longer on the bench, this Court issued an order for the successor judge to 

reconsider the previous judge’s orders. See TEX. R. APP. P. 7.2(b). A supplemental 

clerk’s record was filed on November 13, 2019 containing a new order signed by the 

successor judge vacating the portion of the prior order imposing death penalty 

sanctions and ordering the parties to file an agreed scheduling order with new 

deadlines for discovery and trial.

Accordingly, this Court issued an order advising relator that unless a response 

was filed within ten days the Court would consider dismissal of this petition as moot. 

No response was filed.

The petition is dismissed as moot. Any pending motions are also dismissed as 

moot. 

PER CURIAM

Panel consists of Justices Keyes, Lloyd, and Kelly.
I 

118TH CONGRESS 

1ST SESSION H. R. 1943 

To provide for a limitation on availability of funds for Department of Labor, 

Mine Safety and Health Administration, Salaries and Expenses for fiscal 

year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To provide for a limitation on availability of funds for Department of Labor, Mine Safety and Health Administration, Salaries and Expenses for fiscal year 2024. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 DEPARTMENT OF LABOR, MINE SAFETY AND 

5 HEALTH ADMINISTRATION, SALARIES AND 

6 EXPENSES FOR FISCAL YEAR 2024. 

7 Notwithstanding any other provision of the law, 

8 amounts authorized to be appropriated or otherwise avail9 able for Department of Labor, Mine Safety and Health 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 1943 IH

1 Administration, Salaries and Expenses for fiscal year 

2 2024 may not exceed $373,816,000. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
**XM SATELLITE RADIO HOLDINGS INC. AND SUBSIDIARIES**

 

**Exhibit 23.1**

 

**Consent of Independent Registered Accounting Firm**

 

The Board of Directors 

XM Satellite Radio Holdings Inc.: 

 

We consent to the incorporation by reference in the registration statements Nos. 333-130812, 333-115326, 333-127270, 333-47570, 333-93529, 333-89132, 333-85804,333-102966, 333-106824, 333-102964, 333-121417, 333-121415 and 333-114178 on Forms S-3; Nos. 333-115323-01 and 333-136131-03 on Form S-4; and Nos. 333-92049, 333-65022, 333-65020, 333-97611 and 333-106827 on Forms S-8 of XM Satellite Radio HoldingsInc. and subsidiaries of our reports dated March 1, 2007 with respect to the consolidated balance sheets of XM Satellite Radio Holdings Inc. and subsidiaries as of December 31, 2006 and 2005 and the related consolidated statements ofoperations, stockholders’ equity (deficit) and cash flows for each of the years in the three-year period ended December 31, 2006, and the related consolidated financial statement schedule, management’s assessment of the effectivenessof internal control over financial reporting as of December 31, 2006, and the effectiveness of internal control over financial reporting as of December 31, 2006, which reports appear in the December 31, 2006 annual report on Form 10-Kof XM Satellite Radio Holdings Inc. As discussed in Note 2 to the consolidated financial statements, effective January 1, 2006, the Company adopted the fair value method of accounting for stock-based compensation as required by Statement ofFinancial Accounting Standards No. 123(R), *Share-Based Payment.*

 

 

/s/ KPMG LLP 

 

McLean, VA 

March 1, 2007
CERTIFICATE 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 Yearly  Report of AVVAA  World  Health  Care  Products,
Inc.(the "Company") on Amendment No. 2 to Form 10-KSB for the year ended May 31,
2005 as filed with the  Securities  and Exchange  Commission  on the date hereof
(the  "Report"),  I, Charles  Austin,  Chief  Financial  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; and

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


A signed  original of this  written  statement  required by Section 906 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.

/s/ Charles Austin
------------------
Name: Charles Austin
Title: Chief Financial Officer
Date: December 9, 2005
### THE THIRTEENTH COURT OF APPEALS

13

- 19

- 00082

- CR
Leroy Nelson v. The State of Texas

On a ppeal from the 36th District Court of Aransas County , Texas Trial Cause No. A

- 18

- 5180

- CR

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause o n appeal, concludes the appeal should be dismissed. The Court orders the appeal
DISMISSED in accordance with its opinion

. We further order this decision certified below for observance. April 11, 2019
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Austin Eugene Hanna, * From the 385th District Court

of Midland County,

Trial Court No. CR50742.

Vs. No. 11-19-00365-CR * January 9, 2020

The State of Texas, * Per Curiam Memorandum Opinion

 (Panel consists of: Bailey, C.J.,

Stretcher, J., and Wright, S.C.J.,

 sitting by assignment) 

 (Willson, J., not participating)

This court has inspected the record in this cause and concludes that the 

appeal should be dismissed for want of jurisdiction. Therefore, in accordance 

with this court’s opinion, the appeal is dismissed.
IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2022 ND 73

Kayla M. Schauer, Plaintiff and Appellant

v.

Zachery Peterson, Defendant and Appellee

No. 20210250

Appeal from the District Court of Burleigh County, South Central Judicial 

District, the Honorable Bruce A. Romanick, Judge.

AFFIRMED.

Per Curiam.

Theresa L. Kellington, Bismarck, ND, for plaintiff and appellant.

Alex S. Kelsch, Mandan, ND, for defendant and appellee.

FILED 

IN THE OFFICE OF THE 

CLERK OF SUPREME COURT 

APRIL 14, 2022 

STATE OF NORTH DAKOTA
1

Schauer v. Peterson

No. 20210250

Per Curiam.

[¶1] Kayla Schauer appeals from an amended judgment awarding primary 

residential responsibility of their child to Zachery Peterson, claiming the 

district court erred in awarding Peterson primary residential responsibility.

We summarily affirm under N.D.R.App.P. 35.1(a)(2).

[¶2] Jon J. Jensen, C.J. 

Gerald W. VandeWalle 

Daniel J. Crothers 

Lisa Fair McEvers 

Jerod E. Tufte
<PAGE>

                                                                    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

      In connection with the Annual Report of Civitas BankGroup, Inc. (the
"Company") on Form 10-K for the year ended December 31, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), each of
the undersigned certifies, 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; 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/ Richard Herrington
                                      ------------------------------------------
                                      Richard Herrington
                                      President and Chief Executive Officer
                                      March 31, 2005

                                  By: /s/ Andy LoCascio
                                      ------------------------------------------
                                      Andy LoCascio
                                      Chief Financial Officer
                                      March 31, 2005
<PAGE>   1
                                                                   EXHIBIT 21.1


                        SUBSIDIARIES OF HANDSPRING, INC.



<TABLE>
<CAPTION>
                                                     Jurisdiction of                         Percentage Owned
                                                     Incorporation or                       by Handspring, Inc.
              Name                                     Organization                      (directly or indirectly)
              ----                                   ----------------                    ------------------------
<S>                                              <C>                                               <C>
Handspring International Ltd.                     British Virgin Islands                            100%
Handspring Denmark ApS                            Denmark                                           100%
Handspring GmbH                                   Germany                                           100%
Handspring KK                                     Japan                                             100%
Handspring B.V.                                   Netherlands                                       100%
Handspring Singapore Pte. Ltd.                    Singapore                                         100%
Handspring International Sarl                     Switzerland                                       100%
Handspring UK Ltd.                                United Kingdom                                    100%
Handspring France Sarl                            France                                            100%
Handspring FSC, Inc.                              Barbados                                          100%
</TABLE>
<PAGE>

EXHIBIT 99.2

                            CERTIFICATION PURSUANT TO
                  18 USC, SECTION 1350, AS ADOPTED PURSUANT TO
             SECTIONS 302 AND 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of Composite Technology
Corporation(Company) on Form 10-QSB for the quarter ended June 30, 2002
(Report), as filed with the Securities and Exchange Commission, on the date
hereof, I, Robert Nikoley, Chief Financial Officer of the Company, certify to
the best of my knowledge, pursuant to 18 USC 1350, as adopted pursuant to ss.302
and promulgated as 18 USC 1350 pursuant to ss.906 of the Sarbanes-Oxley Act of
2002, that:

1)   The Report referenced above has been read and reviewed by the undersigned.

2)   The Report fully complies with the requirements of Section 13(a) or 15(d)
     of the Securities Exchange Act of 1934.

3)   The Report referenced above does not contain any untrue statement of a
     material fact or omit to state a material fact necessary in order to make
     the statements made, in light of the circumstances under which such
     statements were made, not misleading.

4)   I acknowledge that the management of the Company is solely responsible for
     the fair presentation in the financial statements of the financial
     position, results of operations and cash flows of the Company in conformity
     with accounting principles generally accepted in the United States of
     America.

     Based upon my knowledge, the financial statements, and other such financial
     information included in the report, fairly present the financial condition
     and results of operations of Composite Technology Corporation as of and for
     the period ended June 30, 2002.

     In my opinion, the accompanying interim financial statements, prepared in
     accordance with the instructions for Form 10-QSB, are unaudited and contain
     all material adjustments, consisting only of normal recurring adjustments
     necessary to present fairly the financial condition, results of operations
     and cash flows of the Company for the respective interim periods presented.
     The current period results of operations are not necessarily indicative of
     results which ultimately will be reported for the full fiscal year ending
     September 30, 2002.

     Additionally, I acknowledge that the Company's Board of Directors and
     Management are solely responsible for adopting sound accounting practices,
     establishing and maintaining a system of internal control and preventing
     and detecting fraud. The Company's system of internal accounting control is
     designed to assure, among other items, that 1) recorded transactions are
     valid; 2) valid transactions are recorded; and 3) transactions are recorded
     in the proper period in a timely manner to produce financial statements
     which present fairly the financial condition, results of operations and
     cash flows of the Company for the respective periods being presented.


/s/ Robert Nikoley
------------------

Robert Nikoley
Chief Financial Officer

Dated: August 19, 2002
       ---------------
EXHIBIT 13.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of MATERIALISE NV (the Company) on Form 20-F for the fiscal year ended December 31, 2014, as filed
with the U.S. Securities and Exchange Commission on the date hereof (the Report), I, Frederic Merckx, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the U.S. Sarbanes-Oxley Act of 2002, that to
the best of my knowledge:



|(i) | the Report fully complies with the requirements of section 13(a) or 15(d) of the U.S. Securities Exchange Act of 1934, as amended; and
|--- | --------------------------------------------------------------------------------------------------------------------------------------



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

Date: April 30, 2015



|    |  |                        
|--- |  | -----------------------
|By: |  | /s/ Frederic Merckx    
|    |  | Frederic Merckx        
|    |  | Chief Financial Officer
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-41141

Summary Calendar

 

TROY GENE HLAVINKA,

Petitioner-Appellant,

versus

GARY L. JOHNSON, DIRECTOR,

TEXAS DEPARTMENT OF CRIMINAL JUSTICE,

INSTITUTIONAL DIVISION,

Respondent-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 5:96-CV-163

- - - - - - - - - -

September 2, 1997

Before JOLLY, SMITH, and STEWART, Circuit Judges.

PER CURIAM:*

Troy Gene Hlavinka, Texas state prisoner #608910, appeals

from the district court’s dismissal of his petition for writ of

habeas corpus pursuant to 28 U.S.C. § 2254. This court

previously granted Hlavinka a certificate of appealability on the

issue whether a TDCJ rule, enacted subsequent to the date of

Hlavinka’s offense, directing that forfeited good-time credits

would no longer be restored, deprived Hlavinka of his rights
No. 96-41141

-2-

under the Ex Post Facto Clause. We have reviewed the record and

find no reversible error. See Hallmark v. Johnson, ___ F.3d ___

(5th Cir. July 25, 1997, No. 95-20752), 1997 WL 420147. 

Accordingly, the judgment of the district court is AFFIRMED.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2045 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 2045

   To provide for a limitation on availability of funds for Related 
 Agencies, Occupational Safety and Health Review Commission for fiscal 
                               year 2024.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2023

Mr. Biggs (for himself, Mr. Rosendale, Mr. Gaetz, Mr. Good of Virginia, 
   Mr. Roy, and Mr. Crane) introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
   To provide for a limitation on availability of funds for Related 
 Agencies, Occupational Safety and Health Review Commission for fiscal 
                               year 2024.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR RELATED AGENCIES, 
              OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION FOR 
              FISCAL YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for Related Agencies, 
Occupational Safety and Health Review Commission for fiscal year 2024 
may not exceed $13,225,000.
                                 <all>
```
I 

118TH CONGRESS 

1ST SESSION H. R. 2113 

To provide for a limitation on availability of funds for Independent Agencies, 

Federal Permitting Improvement Steering Council, Environmental Review 

Improvement Fund for fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To provide for a limitation on availability of funds for Independent Agencies, Federal Permitting Improvement 

Steering Council, Environmental Review Improvement 

Fund for fiscal year 2024. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 2113 IH

1 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 INDEPENDENT AGENCIES, FEDERAL PERMIT3 TING IMPROVEMENT STEERING COUNCIL, 

4 ENVIRONMENTAL REVIEW IMPROVEMENT 

5 FUND FOR FISCAL YEAR 2024. 

6 Notwithstanding any other provision of the law, 

7 amounts authorized to be appropriated or otherwise avail8 able for Independent Agencies, Federal Permitting Im9 provement Steering Council, Environmental Review Im10 provement Fund for fiscal year 2024 may not exceed 

11 $6,070,000. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

QUYANCE ANDERSON, :

Plaintiff, :

vs. : CA 15-0140-WS-C

CAROLYN W. COLVIN, :

Acting Commissioner of Social Security,

:

Defendant.

ORDER

After due and proper consideration of all portions of all issues raised, and there 

having been no objections filed, the recommendation of the Magistrate Judge made 

under 28 U.S.C. § 636(b)(l)(B) and dated February 10, 2016 is ADOPTED as the opinion 

of this Court.

DONE this 29th day of February, 2016.

s/WILLIAM H. STEELE 

CHIEF UNITED STATES DISTRICT JUDGE 

Case 1:15-cv-00140-WS-C Document 23 Filed 02/29/16 Page 1 of 1
I 

118TH CONGRESS 

1ST SESSION H. R. 2263 

To provide for a limitation on availability of funds for US Department 

of Agriculture, Farm Production and Conservation Business Center, Salaries and Expenses for fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Agriculture 

A BILL 

To provide for a limitation on availability of funds for US 

Department of Agriculture, Farm Production and Conservation Business Center, Salaries and Expenses for 

fiscal year 2024. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2263 IH

1 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 US DEPARTMENT OF AGRICULTURE, FARM 

3 PRODUCTION AND CONSERVATION BUSINESS 

4 CENTER, SALARIES AND EXPENSES FOR FIS5 CAL YEAR 2024. 

6 Notwithstanding any other provision of the law, 

7 amounts authorized to be appropriated or otherwise avail8 able for US Department of Agriculture, Farm Production 

9 and Conservation Business Center, Salaries and Expenses 

10 for fiscal year 2024 may not exceed $216,350,000. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
EXHIBIT 23.1



<PAGE>


                          INDEPENDENT AUDITORS' CONSENT



We consent to the incorporation by reference in Registration Statement Numbers
333-103259 and 333-105647 of Whispering Oaks International, Inc. on Form S-8 of
our report dated May 14, 2004, appearing in this Annual Report on Form 10-KSB of
Whispering Oaks International, Inc. for the year ended December 31, 2003 and to
the reference to us under the heading "Experts" in the Registration Statements.


Stonefield Josephson, Inc.


Santa Monica, California
July 9, 2004