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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-2379

BELDEV ENAND,

Plaintiff - Appellant,

versus

M. ABRAHAM AHMAD,

Defendant - Appellee,

and

AHMAD & HIMALFARB,

Defendant.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. J. Frederick Motz, Chief District Judge;

Frank A. Kaufman, Senior District Judge. (CA-96-3471-K)

Submitted: February 12, 1998 Decided: February 24, 1998

Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Beldev Enand, Appellant Pro Se.
* To the extent Appellant appeals the district court's marginal order denying his motion to reconsider, we also deny relief.

2

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Appellant seeks to appeal the district court's order denying

relief in his civil action. We have reviewed the record and the

district court's opinion and find no reversible error. Accordingly,

we affirm on the reasoning of the district court.* Enand v. Ahmad,

No. CA-96-3471-K (D. Md. Aug. 7, 1997). We also deny Appellant's

motion for appointment of counsel. We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the decisional process.

AFFIRMED
# Third District Court of Appeal

State of Florida

Opinion filed December 26, 2018. Not final until disposition of timely filed motion for rehearin g.

________________ No. 3D17-990 Lower Tribunal No. 13-27747

________________ 

### John A. Daum, etc., et al., Appellants,

vs. 

### Adweiss, LLLP, etc., et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, John S chlesinger, Judge. Philip D. Parrish, P.A., and Ph ilip D. Parrish, for appellants. Law Office of Dennis Grossman, and Dennis Grossman; Law Office of Max R. Price, P.A., and Max R. Price, for appellees.

Before EMAS, FERNANDEZ, and LOGUE, JJ.

PER CURIAM.2 John A. Daum and JAD Services, LLC, which is wholly owned by Da um, appeal a final judgment entered after a bench trial holding the m jointly and several liable to return with interest certain funds Daum paid them out of the assets of Adweiss, LLC and Adweiss, LLLP. Daum made the payments while h e served as the general manager of Adweiss, LLC, which in turn, served as t he general partner of Adweiss, LLLP. Having carefully considered the arguments of the parties, the r ecord, and the trial court’s meticulous thirty-two page Findings of Fact and C onclusions of Law, we find nothing that warrants reversal, with one small exceptio n. 1 See Capital Bank v. MVB, Inc., 644 So. 2d 515, 520 (Fla. 3d DCA 1994) (“A fiduci ary owes to its beneficiary the duty to refrain from self-dealing, the duty of loyalty, the overall duty not to take unfair advantage and to act in the best interest of the other party, and the duty to disclose material facts.”); Variety Children’s Hosp., I nc. v. Vigliotti, 385 So. 2d 1052, 1053-54 (Fla. 3d DCA 1980) (despite governing contract , unjust enrichment claim allowed between parties who did not have a con tract with each other); Joseph v. Chanin, 940 So. 2d 483, 486 (Fla. 4th DCA 200 6) (final judgment

1 The final judgment is reversed to the extent it awards Adweiss LLC recovery on the Appellees’ cause of action for conversion. Belford Trucking Co. v. Zagar, 243 So. 2d 646, 648 (Fla. 4th DCA1970) (“an action in tort is inapp ropriate where the basis of the suit is a contract, either express or implied.”).3 in a conversion case allowed to stand where funds were withdraw n from bank account); Powerhouse, Inc. v. Walton, 557 So. 2d 186, 186 (Fla. 1st DCA 1990) (“[I]ndividual officers and agents of a corporation are persona lly liable for torts committed within the scope of their employment,” and joint and several liability may apply to both the individual who perpetrated the tort and the c ompany for whom he worked). We therefore reverse in part and remand to the trial court to amend paragraph two of the final judgment to the extent it awarded damages, pre judgment interest or other relief to Adweiss, LLC on the cause of action for convers ion, and for any further proceedings not inconsistent with this opinion. The fin al judgment is, in all other respects, affirmed.
- 1 - 

In The 

Fourteenth Court of Appeals 

____________

No. 14-15-00376-CV

____________

MANUEL AL FRIAS, Appellant 

V.

SOVRAN HHF STORAGE HOLDINGS, LLC, Appellee 

============================================================ 

On Appeal from County Court at Law #2 

Harris County, Texas 

Trial Court Cause No. 1031244 

============================================================= 

APPELLANT’S MOTION TO EXTEND TIME TO FILE BRIEF 

 Appellant Manuel Al Frias and his attorney of record, Thomas E. Ross, files this 

Motion to Extend Time to File Brief and in support of such motion show unto the Court 

the following: 

1. The Appellant’s Brief was due on or about June 29, 2015.

 

2. Appellant’s attorney requests an extension of time until August 21, 2015 

 

 3. Appellant’s attorney needs additional time to research and 

 present an effective brief. 

 

4. There have been no previous extensions of time granted to file Appellant’s 

 brief 

WHEREFORE, PREMISES CONSIDERED, Appellant requests this extension of time to 

file his Brief. 

 

ACCEPTED

14-15-00376-CV

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

6/30/2015 3:36:49 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 6/30/2015 3:36:49 PM CHRISTOPHER A. PRINE Clerk
- 2 -

Respectfully submitted,

/S/ Thomas E. Ross

Thomas E. Ross

State Bar No. 17301900

440 Louisiana, Suite 1550

Houston, Texas 77002

Tel 713-951-9008

Fax 713-222-0438

tomross@wt.net

CERTIFICATE OF SERVICE

I certify that a copy of this Motion to Extend Time to File Brief was served in accordance 

with Rule 9.5 of the Texas Rules of Appellate Procedure as follows:

Party: Sovran Acquisition Limited Partnership 

Attorney of Record: Jessica Z. Barger

Address of Attorney: One Riverway, Suite 2200

Houston, Texas 77056

Method of Service: Email: barger@wrightclose.com

Date of Service: June 29, 2015

/s/Thomas E. Ross

Thomas E. Ross
Exhibit 32

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 Telos Corporation (the Company) on Form 10-Q for the period
ending September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), we, John B. Wood and Michele Nakazawa, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of
the Sarbanes-Oxley Act of 2002, that to our knowledge:

(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 Company.



Date: March 4, 2009/s/ John B. WoodJohn B. WoodChief Executive OfficerDate: March 4, 2009/s/ Michele NakazawaMichele NakazawaChief Financial Officer
EXHIBIT 31.1

               CERTIFICATION PURSUANT TO RULE 13A-14(D)/15D-14(D)
                    UNDER THE SECURITIES EXCHANGE ACT OF 1934

I, Anthony N. Renzi, certify that:

1. I have  reviewed  this  report  on Form  10-K and all  reports  on Form  10-D
   required to be filed in respect of the period  covered by this report on Form
   10-K of RALI Series 2007-QO3 Trust (the "Exchange Act periodic reports");

2. Based on my knowledge,  the Exchange Act periodic reports,  taken as a whole,
   do not contain  any untrue  statement  of a material  fact or omit to state a
   material  fact  necessary  to make  the  statements  made,  in  light  of the
   circumstances  under which such  statements  were made, not  misleading  with
   respect to the period covered by this report;

3. Based  on  my  knowledge,  all  of  the  distribution,  servicing  and  other
   information required to be provided under Form 10-D for the period covered by
   this report is included in the Exchange Act periodic reports;

4. I am responsible for reviewing the activities  performed by the servicers and
   based on my knowledge and the compliance  reviews  conducted in preparing the
   servicer  compliance  statements  required in this report  under Item 1123 of
   Regulation AB, and except as disclosed in the Exchange Act periodic  reports,
   the servicers have fulfilled their obligations under the servicing agreements
   in all material respects; and

5. All of the reports on assessment of compliance  with  servicing  criteria for
   asset-backed  securities and their related  attestation reports on assessment
   of compliance with servicing criteria for asset-backed securities required to
   be included in this report in accordance  with Item 1122 of Regulation AB and
   Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this
   report,  except as otherwise disclosed in this report. Any material instances
   of noncompliance described in such reports have been disclosed in this report
   on Form 10-K.

   In giving the  certifications  above, I have reasonably relied on information
   provided to me by the  following  unaffiliated  parties:  Deutsche Bank Trust
   Company Americas.

Date:  March 24, 2008


By:    /s/ Anthony N. Renzi
Name:  Anthony N. Renzi
Title: Managing Director
(senior officer in charge of the servicing function)
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4099 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 4099

For the relief of Perlat Binaj, Almida Binaj, Erina Binaj, and Anxhela 
                                 Binaj.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2006

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

_______________________________________________________________________

                                 A BILL

 
For the relief of Perlat Binaj, Almida Binaj, Erina Binaj, and Anxhela 
                                 Binaj.

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

SECTION 1. PERMANENT RESIDENT STATUS FOR PERLAT BINAJ, ALMIDA BINAJ, 
              ERINA BINAJ, AND ANXHELA BINAJ.

    (a) In General.--Notwithstanding subsections (a) and (b) of section 
201 of the Immigration and Nationality Act (8 U.S.C. 1151), Perlat 
Binaj, Almida Binaj, Erina Binaj, and Anxhela Binaj shall be eligible 
for issuance of immigrant visas or for adjustment of status to that of 
aliens lawfully admitted for permanent residence upon filing 
applications for issuance of immigrant visas under section 204 of such 
Act or for adjustment of status to lawful permanent resident.
    (b) Adjustment of Status.--If Perlat Binaj, Almida Binaj, Erina 
Binaj, and Anxhela Binaj enter the United States before the filing 
deadline specified in subsection (c), Perlat Binaj, Almida Binaj, Erina 
Binaj, and Anxhela Binaj shall be considered to have entered and 
remained lawfully in the United States and shall be eligible for 
adjustment of status under section 245 of the Immigration and 
Nationality Act (8 U.S.C. 1255) as of the date of the enactment of this 
Act.
    (c) Deadline for Application and Payment of Fees.--Subsections (a) 
and (b) shall apply only if the applications for issuance of immigrant 
visas or the applications for adjustment of status are filed with 
appropriate fees not later than 2 years after the date of the enactment 
of this Act.
    (d) Reduction of Immigrant Visa Numbers.--Upon the granting of 
immigrant visas or adjustment of status to that of aliens lawfully 
admitted for permanent residence to Perlat Binaj, Almida Binaj, Erina 
Binaj, and Anxhela Binaj, the Secretary of State shall instruct the 
proper officer to reduce by 4, during the current or next following 
fiscal year, the total number of immigrant visas that are made 
available to natives of the country of the aliens' birth under section 
203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) or, if 
applicable, the total number of immigrant visas that are made available 
to natives of the country of the aliens' birth under section 202(e) of 
such Act.
                                 <all>
```
#### In the Matter of Nikki O., Respondent, v William N., Appellant. (And Two Other Related Proceedings.)

Submitted August 10, 2009;

decided October 22, 2009

Reported below, 64 AD3d 938.

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceedings within the meaning of the Constitution.
#### UNITED STATES of America, Plaintiff-Appellee, v. Chris PERALES; Andy Hernandez, Defendants-Appellants.

No. 05-50384

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 24, 2006.

Ellen A. Lockwood, Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Nancy Blair Barohn, Kansas City, MO, for Defendants-Appellants.

Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM: *

Chris Perales and Andy Hernandez appeal the sentences imposed following their *585convictions for conspiracy to possess with intent to distribute cocaine and conspiracy to import cocaine. Perales and Hernandez both challenge the district court’s factual findings regarding their respective roles in the offense.

Perales argues that the district court erred in finding that he was a leader or organizer of the criminal activity and by increasing his base offense level four levels pursuant to U.S.S.G. § 3Bl.l(a). The evidence establishes that Perales operated an extensive drug operation out of his auto body shop. The operation involved at least five couriers and one known supplier in addition to two of the employees at Perales’s shop. Perales’s activities included fronting the drug operation through his body shop, receiving and paying for drug shipments from the couriers, and recruiting the operation’s drug supplier. The district court’s finding that Perales was a leader or organizer of the operation is plausible in light of the record. *See United States v. Cooper,*274 F.3d 230, 238 (5th Cir .2001).

Hernandez argues that the district court erred in finding that he was a manager or supervisor of the criminal activity and by increasing his base offense level three levels pursuant to § 3Bl.l(b). The evidence establishes that Hernandez was heavily involved in the day-to-day running of the drug operation. His activities included receiving and paying for drug shipments from the couriers and arranging drug transactions on behalf of Perales. The district court’s finding that Hernandez was a manager or supervisor of the operation is plausible in light of the record. *See id.*Accordingly, the judgments are AFFIRMED.

*

 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.
LOGO



EXHIBIT 10.47

Freescale Confidential Information

Amendment to Employment Agreement







(Executive) and Freescale Semiconductor, Inc. (Company) agree to
the following amendment (Amendment) to the Employment Agreement (Agreement) previously executed between Company and Executive:

In consideration for Executives continued employment, and to contribute to the economic viability of the company in difficult economic times, Executive consents to a reduction of Executives current base
salary by . Executive understands that this salary reduction will be effective immediately, and will continue until
December 31, 2009, unless Freescale, in its sole discretion, decides to restore Executives current base salary prior to that date. Executive acknowledges the adequacy of the consideration for this amendment.

Executive understands that Freescale does not intend this temporary pay reduction to impact the level of any benefits that are calculated using Executives base
salary. Unless prohibited by law or contract, benefits such as life insurance, disability pay and severance pay, as applicable, will be calculated using Executives current base salary and not the base salary after this temporary pay reduction.

Executive agrees not to seek future payment from Freescale of the difference between Executives current base salary and the amount Executive is paid
during this temporary salary reduction. Executive further agrees not to use this temporary salary reduction as a basis for claiming constructive discharge, violation of Freescale policy, a right to severance pay or breach of Executives
Agreement. Specifically, but without limitation, Executive agrees that this temporary salary reduction does not constitute a breach of the Agreement, Good Reason under said Agreement or other agreements or benefit plans, or the basis for a claim of
severance or other benefits or other payments under the Agreement or any other agreement with Freescale.



|        |  |  
|------- |  | -
|Initial |  | 1



---

LOGO



Executive represents that the decision to agree to this Amendment and this temporary salary reduction is completely
voluntary, and that Executive has not been coerced or pressured in any way to agree to this Amendment.



|            |  |  |  |                               |  |  |  | 
|----------- |  |  |  | ----------------------------- |  |  |  | 
|            |  |  |  | Freescale Semiconductor, Inc.
|            |  | 
|            |  |  |  |                              
|Signature   |  |  |  | Signature                    
|            |  | 
|            |  |  |  |                              
|Name        |  |  |  | Name                         
|            |  | 
|            |  |  |  |                              
|Title       |  |  |  | Title                        
|            |  | 
|            |  |  |  |                              
|Date Signed |  |  |  | Date Signed                  



|        |  |  
|------- |  | -
|Initial |  | 2
THE CERPLEX GROUP, INC.
                        COMPUTATION OF PER SHARE EARNINGS
                      (In thousands, except per share data)
                                   (Unaudited)


<TABLE>
<CAPTION>
                                                          THREE MONTHS ENDED
                                               --------------------------------------
                                                MARCH 25,                 MARCH 31,
                                                   2000                      1999
                                               ------------              ------------
<S>                                              <C>                       <C>
Net loss available to common stockholder
ADJUSTED NUMBER OF COMMON SHARES                 $(7,150)                  $(8,282)
                                                 =======                   =======
Weighted average shares outstanding                7,270                     7,232

Net loss per common shares                       $ (0.98)                  $ (1.15)
                                                 =======                   =======
</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>

Exhibit 27


THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEET AND STATEMENT OF INCOME AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JAN-02-1999
<PERIOD-END>                               OCT-03-1998
<CASH>                                             327
<SECURITIES>                                     4,577<F1>
<RECEIVABLES>                                   17,908
<ALLOWANCES>                                     1,116
<INVENTORY>                                      5,864
<CURRENT-ASSETS>                                29,301
<PP&E>                                          11,801
<DEPRECIATION>                                   5,308
<TOTAL-ASSETS>                                  37,732
<CURRENT-LIABILITIES>                           15,203
<BONDS>                                         13,022
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           323
<OTHER-SE>                                       5,349
<TOTAL-LIABILITY-AND-EQUITY>                    37,732
<SALES>                                         25,662
<TOTAL-REVENUES>                                29,158
<CGS>                                           19,147
<TOTAL-COSTS>                                   19,147
<OTHER-EXPENSES>                                 6,935<F2>
<LOSS-PROVISION>                                 1,037
<INTEREST-EXPENSE>                               1,078
<INCOME-PRETAX>                                    985
<INCOME-TAX>                                       428
<INCOME-CONTINUING>                                537
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                   (24)
<CHANGES>                                            0
<NET-INCOME>                                       513
<EPS-PRIMARY>                                     1.32<F3>
<EPS-DILUTED>                                     1.30
<FN>
<F1>Represents retained interest in transferred credit card receivables
<F2>Represents the sum of selling and administrative expense, depreciation
and amortization expense and the Western Auto impairment loss
<F3>Represents basic earnings per share
</FN>
        


</TABLE>
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 BSD Medical Corporation (the
"Company") on Form 10-QSB for the period ended May 31, 2005, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Dennis
Bradley, Controller (Principal 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.


                                      /s/ Dennis Bradley
                                      ------------------
                                      Dennis Bradley
                                      Controller (Principal Financial Officer)
                                      July 15, 2005