alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Cite as Nelson v. Nelson , 2021-Ohio-33.]

IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO

WILLIAM DAVID NELSON, SR., : MEMORANDUM OPINION Plaintiff-Appellant, : CASE NO. 2020-L-108 - vs - : LISA DIMBERIO NELSON, et al., : Defendants-Appellees. :
Civil Appeal from the Lake County Court of Common Pleas, Domest ic Relations Division, Case No. 15 DR 000030. Jud g ment: Appeal dismissed.

Susan T. Seacrist , Thrasher, Dinsmore & Dolan, LPA, 100 7 th Avenue, Suite 150, Chardon, OH 44024 and Kevin R. McMillan , McMillan & Sobel, LLC, 30195 Chagrin Boulevard, Pepper Pike, OH 44124 ( For Plaintiff-Appellant )

. Sandra A. Dray , Sandra A. Dray Co., L.P.A., 1111 Mentor Avenue, Mentor, OH 4 4077 ( For Defendants-Appellees )

.

THOMAS R. WRIGHT, J. {¶1} Appellant, William Nelson, Sr. appeals the trial court’s Octobe r 6, 2020 judgment ruling on objections to a magistrate’s decision and or dering counsel for appellee, Lisa Nelson, to prepare and submit a judgment entry c onforming with the trial court’s orders and the parties’ agreements. {¶2} We dismiss as the appealed judgment is not a final appealable o rder.2 {¶3} A trial court’s judgment is immediately appealable if it consti tutes a final order. Section 3(B)(2), Article IV of the Ohio Constitution; Gale v. Gale , 11th Dist. Lake No. 2019-L-093, 2019-Ohio-5055, ¶ 3. When a lower court’s orde r is not final, an appellate court has no jurisdiction and the appeal must be dism issed. Gen. Acc. Ins. Co. v. Ins. of N. Am. , 44 Ohio St.3d 17, 20 (1989). In the absence of other applica ble authority conferring jurisdiction, as here, a judgment must satisfy R.C. 2505.02 to be final and appealable. See Huffman v. Huffman , 11th Dist. Lake No. 2015-L-130, 2016-Ohio-62, ¶ 4. {¶4} R.C. 2505.02(B) defines a final order as one of the following: {¶5} “(1) An order that affects a substantial right in an action tha t in effect determines the action and prevents a judgment; {¶6} “(2) An order that affects a substantial right made in a specia l proceeding or upon a summary application in an action after judgment; {¶7} “(3) An order that vacates or sets aside a judgment or grants a new trial; {¶8} “(4) An order that grants or denies a provisional remedy and to which both of the following apply: {¶9} “(a) The order in effect determines the action with respect to the provisional remedy and prevents a judgment in the action in favor of the ap pealing party with respect to the provisional remedy. {¶10} “(b) The appealing party would not be afforded a meaningful or effective remedy by an appeal following final judgment as to all proceedi ngs, issues, claims, and parties in the action.3 {¶11} “(5) An order that determines that an action may or may not be maintained as a class action; {¶12} “(6) An order determining the constitutionality of any changes to the Revised Code * * *; {¶13} “(7) An order in an appropriation proceeding * * *.” {¶14} The appealed judgment does not satisfy R.C. 2505.02(B). Accor dingly, this appeal is dismissed, sua sponte, for lack of jurisdiction.

CYNTHIA WESTCOTT RICE, J., MATT LYNCH, J.,

concur.
#### State v. Gillespie

Case below: 180 N.C. App. 514

No. 002P07

AG’s Motion for Temporary Stay (COA05-1182)

Allowed 01/08/07
#### David Binkley, Appellant, v State of New York, Respondent. In the Matter of David Binkley, Appellant, v New York State Department of Correctional Services, Respondent.

Submitted September 14, 2009;

decided December 15, 2009

Reported below, 64 AD3d 1063.

Motion, insofar as it seeks leave to appeal from the Appellate Division order of affirmance, denied; motion, insofar as it seeks leave to appeal from the Appellate Division order denying poor person relief, dismissed upon the ground that such order does not finally determine the action within the meaning of the Constitution.
[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Notices]
[Pages 23867-23868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11905]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Disease, Disability, and Injury Prevention and Control Special 
Emphasis Panel (SEP): A Creutzfeldt-Jakob Disease (CJD) Lookback Study: 
Assessing the Risk of Blood Borne Transmission of Classic Forms of 
Creutzfeldt-Jakob Disease, Funding Opportunity Announcement (FOA) CK09-
002, Initial Review

    In accordance with Section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the Centers for Disease Control and 
Prevention (CDC) announces the aforementioned meeting.
    Time and Date: 12 p.m.-3 p.m., June 5, 2009 (Closed).
    Place: Teleconference.
    Status: The meeting will be closed to the public in accordance 
with provisions set forth in Section 552b(c) (4) and (6), Title 5 
U.S.C., and the Determination of the Director, Management Analysis 
and Services Office, CDC, pursuant to Public Law 92-463.
    Matters to be Discussed: The meeting will include the initial 
review, discussion, and evaluation of `` A Creutzfeldt-Jakob Disease 
Lookback Study: Assessing the Risk of Blood Borne Transmission of 
Classic Forms of Creutzfeldt-Jakob Disease, FOA CK09-002.''
    Contact Person for More Information: Wendy Carr, Ph.D., CDC, 
1600 Clifton Road, NE., Mailstop D60, Atlanta, GA 30333, Telephone: 
(404) 498-2276.
    The Director, Management Analysis and Services Office, has been 
delegated the authority to sign Federal Register notices

[[Page 23868]]

pertaining to announcements of meetings and other committee 
management activities, for both CDC and the Agency for Toxic 
Substances and Disease Registry.

    Dated: May 15, 2009.
Elaine L. Baker,
Director, Management Analysis and Services Office, Centers for Disease 
Control and Prevention.
[FR Doc. E9-11905 Filed 5-20-09; 8:45 am]
BILLING CODE 4163-18-P
EQUIVEST FINANCE, INC.
                        Computation of Earnings Per Share

                       For the Quarter Ended June 30, 1999

                                              Income           Shares  Per-Share
                                          (Numerator)    (Denominator)    Amount
                                          -----------    -------------    ------

Net Income                                $ 2,753,630
Less: Preferred Stock dividends              (150,000)
                                          -----------

Basic earnings per share:
  Income available to common
    stockholders                            2,603,630       25,688,351     $ .10
                                                                           =====
Effect of dilutive securities:
  Warrants                                                      69,519
  Stock options                                                344,557
                                          -----------      -----------

Diluted earnings per share:
  Income available to common
    stockholders plus assumed
      conversions                         $ 2,603,630       26,102,427     $ .10
                                          ===========      ===========     =====

                       For the Quarter Ended June 30, 1998

                                              Income           Shares  Per-Share
                                          (Numerator)    (Denominator)    Amount
                                          -----------    -------------    ------

Net Income                                $ 1,223,250
Less: Preferred Stock dividends              (150,000)
                                          -----------

Basic earnings per share:
  Income available to common
    stockholders                            1,073,250       21,905,706     $ .05
                                                                           =====

Effect of dilutive securities:
  12.5% Redeemable Convertible
    preferred stock
  Warrants                                                      91,651
  Stock options                                                382,688
                                          -----------      -----------

Diluted earnings per share:
  Income available to common
    stockholders plus assumed
    conversions                           $ 1,073,250       22,380,045     $ .05
                                          ===========      ===========      ====


                                       28
CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended; and2.
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.
 /s/ Thomas P. RichardsThomas P. RichardsChairman, President and Chief Executive Officer/s/ David W. WehlmannDavid W. WehlmannExecutive Vice President and Chief Financial Officer
##### 



EXHIBIT 32
 CERTIFICATION OF  THE TRUSTEE*  OF THE SAN JUAN BASIN ROYALTY TRUST  PURSUANT TO 18 U.S.C. § 1350
  1.
    
    The Report fully complies in all material respects with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (as explained in Note 1
to the Trusts financial statements contained in the Report, in accordance with
Securities and Exchange Commission Staff Accounting Bulletin No. 47, released September
16, 1982, the Trust prepares its financial statements in a manner that differs from
generally accepted accounting principles; such presentation is customary to other
royalty trusts); and2.
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Trust.
 COMPASS BANK, AS TRUSTEE OF THE
SAN JUAN BASIN ROYALTY TRUSTBy:
    
    /s/ Lee Ann AndersonName:
    
    Lee Ann AndersonTitle:
    
    Vice President and Senior Trust OfficerDate:
    
    November 8, 2006
 
 *
    
    The Trust has no executive officers.
[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Notices]
[Page 23855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11788]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER09-1091-000; ER07-708-000]


Twin Cities Power, L.L.C.; Supplemental Notice That Initial 
Market-Based Rate Filing Includes Request for Blanket Section 204 
Authorization

May 13, 2009.
    This is a supplemental notice in the above-referenced proceeding of 
Twin Cities Power, L.L.C.'s application for market-based rate 
authority, with an accompanying rate tariff, noting that such 
application includes a request for blanket authorization, under 18 CFR 
part 34, of future issuances of securities and assumptions of 
liability.
    Any person desiring to intervene or to protest should file with the 
Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, in accordance with Rules 211 and 214 of the 
Commission's Rules of Practice and Procedure (18 CFR 385.211 and 
385.214). Anyone filing a motion to intervene or protest must serve a 
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with 
regard to the applicant's request for blanket authorization, under 18 
CFR part 34, of future issuances of securities and assumptions of 
liability, is June 2, 2009.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet 
access who will eFile a document and/or be listed as a contact for an 
intervenor must create and validate an eRegistration account using the 
eRegistration link. Select the eFiling link to log on and submit the 
intervention or protests.
    Persons unable to file electronically should submit an original and 
14 copies of the intervention or protest to the Federal Energy 
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in 
the Commission's eLibrary system by clicking on the appropriate link in 
the above list.
    They are also available for review in the Commission's Public 
Reference Room in Washington, DC. There is an eSubscription link on the 
Web site that enables subscribers to receive e-mail notification when a 
document is added to a subscribed dockets(s). For assistance with any 
FERC Online service, please e-mail <a href="/cdn-cgi/l/email-protection#0b4d4e594844656762656e587e7b7b64797f4b6d6e7968256c647d"><span class="__cf_email__" data-cfemail="c78182958488a9abaea9a294b2b7b7a8b5b387a1a2b5a4e9a0a8b1">[email protected]</span></a>. or call 
(866) 208-3676 (toll free). For TTY, call (202) 502-8659.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-11788 Filed 5-20-09; 8:45 am]
BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 601 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                 S. 601

  To amend the Internal Revenue Code of 1986 to include combat pay in 
determining an allowable contribution to an individual retirement plan.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 10, 2005

  Mr. Conrad introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To amend the Internal Revenue Code of 1986 to include combat pay in 
determining an allowable contribution to an individual retirement plan.

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

SECTION 1. INCLUSION OF COMBAT PAY IN DETERMINING ALLOWABLE IRA 
              CONTRIBUTIONS.

    (a) In General.--The first sentence of section 219(f) of the 
Internal Revenue Code of 1986 (defining compensation) is amended by 
inserting ``and any amount excluded from gross income by reason of 
section 112'' after ``section 401(c)(2))''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2003.
                                 <all>
```
EXHIBIT 32.0

SECTION 1350 CERTIFICATION OF THE

CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

Each of Lawrence J. LeBon, III, Chairman of the Board, President and Chief Executive Officer and John LeBlanc, Senior Vice President
and Chief Financial Officer of Louisiana Bancorp, Inc. (the Company), hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



|(1) | The Annual Report on Form 10-K of the Company for the fiscal year ended December 31, 2007 (the Report) fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C 78m(a) or 78o(d); and
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



|                     |  |     |  |                                                             
|-------------------- |  | --- |  | ------------------------------------------------------------
|Date: March 25, 2008 |  | By: |  | /s/ Lawrence J. LeBon, III                                  
|                     |  |     |  | Lawrence J. LeBon, III                                      
|                     |  |     |  | Chairman of the Board, President and Chief Executive Officer



|                     |  |     |  |                                                  
|-------------------- |  | --- |  | -------------------------------------------------
|Date: March 25, 2008 |  | By: |  | /s/ John LeBlanc                                 
|                     |  |     |  | John LeBlanc                                     
|                     |  |     |  | Senior Vice President and Chief Financial Officer



|Note: | A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act has been provided to Louisiana Bancorp, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
|----- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE MILLBURN
GLOBAL OPPORTUNITY FUND L.P. STATEMENTS OF FINANCIAL CONDITION AS OF DECEMBER
31, 1998 AND 1997 AND STATEMENTS OF OPERATIONS FOR THE YEARS ENDED DECEMBER 31,
1998, 1997 AND 1996.
</LEGEND>
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                         481,341
<SECURITIES>                                14,723,430
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            15,445,407
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              15,445,407
<CURRENT-LIABILITIES>                          538,874
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  14,906,533
<TOTAL-LIABILITY-AND-EQUITY>                15,445,407
<SALES>                                              0
<TOTAL-REVENUES>                             1,576,759
<CGS>                                                0
<TOTAL-COSTS>                                1,385,720
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                146,831
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   146,831
<EPS-PRIMARY>                                    15.81
<EPS-DILUTED>                                    15.81
        

</TABLE>
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-10070

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MICHAEL BRANDON CRAWFORD,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 6:15-CR-16-1

Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Michael Brandon 

Crawford has moved for leave to withdraw and has filed a brief in accordance 

with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 

F.3d 229 (5th Cir. 2011). Crawford has not filed a response. We have reviewed 

counsel’s brief and the relevant portions of the record reflected therein. We 

concur with counsel’s assessment that the appeal presents no nonfrivolous 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

October 18, 2016

Lyle W. Cayce

Clerk

 Case: 16-10070 Document: 00513722049 Page: 1 Date Filed: 10/18/2016
No. 16-10070

2

issue for appellate review. Accordingly, counsel’s motion for leave to withdraw 

is GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 16-10070 Document: 00513722049 Page: 2 Date Filed: 10/18/2016
#### The People of the State of New York, Respondent, v Ricardo West, Appellant.

[974 NYS2d 283]

— Appeals by the defendant from (1) a judgment of the County Court, Dutchess County (Greller, J.), rendered June 19, 2012, convicting him of criminal possession of a weapon in the second degree and menacing a police officer (five counts), upon his plea of guilty, and imposing sentence, and (2) a resentence of the same court, imposed October 16, 2012.

Ordered that the judgment and resentence are affirmed.

Contrary to the defendant’s contention, the plea of guilty was entered knowingly, voluntarily, and intelligently *(see People v Blunt,*93 AD3d 675, 676-677 [2012]; *cf. People v Divalentino,*109 AD3d 999, 1000-1001 [2013]; *see generally People v Catu,*4 NY3d 242, 245 [2005]).

The resentence imposed was not excessive *(see People v Suitte,*90 AD2d 80 [1982]).

The defendant’s remaining contention is without merit. Dillon, J.E, Leventhal, Chambers and Miller, JJ., concur.
EXHIBIT 32.2





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


AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002








In connection with the Quarterly Report of Arête Industries, Inc. (the "Company") on Form 10-Q for the period ending March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, John Herzog, Interim 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 respects, the financial condition and result of operations of the Company.











Dated:  May 13, 2011
By:
/s/ John HerzogJohn Herzog, Interim Chief Financial Officer







A signed original of this written statement required by Section 906 has been provided to Arête Industries, Inc. and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT
23.1


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING
FIRM


To
the Board of Directors of Spatializer Audio Laboratories, Inc.:





We
consent to the incorporation by reference in the registration statements on
Form S-8 (Nos. 333-27453 and 333-41170) of Spatializer Audio Laboratories,
Inc. of our report dated March 31, 2009, related to the consolidated
balance sheets of Spatializer Audio Laboratories, Inc. and subsidiaries as of
December 31, 2008 and 2007 and the related consolidated statements of
income, stockholders’ equity and cash flows for the three years ended December
31, 2008, which report appears in the annual report on Form 10-K of Spatializer
Audio Laboratories, Inc. for the year ended December 31, 2008.





/s/
RAMIREZ INTERNATIONAL


Financial
& Accounting Services, Inc.











Irvine,
California


April 13,
2009