alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Third District Court of Appeal 

State of Florida 

Opinion filed December 26, 2018. 

Not final until disposition of timely filed motion for rehearing. 

________________ 

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 Schlesinger, 

Judge. 

 Philip D. Parrish, P.A., and Philip 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 Daum, 

appeal a final judgment entered after a bench trial holding them 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 he served as 

the general manager of Adweiss, LLC, which in turn, served as the general partner 

of Adweiss, LLLP. 

Having carefully considered the arguments of the parties, the record, and the 

trial court’s meticulous thirty-two page Findings of Fact and Conclusions of Law, 

we find nothing that warrants reversal, with one small exception.1

 See Capital Bank 

v. MVB, Inc., 644 So. 2d 515, 520 (Fla. 3d DCA 1994) (“A fiduciary 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., Inc. 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 contract with each 

other); Joseph v. Chanin, 940 So. 2d 483, 486 (Fla. 4th DCA 2006) (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 inappropriate where the 

basis of the suit is a contract, either express or implied.”). 
 3 

in a conversion case allowed to stand where funds were withdrawn from bank 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 personally 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 company 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, prejudgment interest or 

other relief to Adweiss, LLC on the cause of action for conversion, and for any 

further proceedings not inconsistent with this opinion. The final judgment is, in all 

other respects, affirmed.
[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Notices]
[Pages 24781-24782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12038]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Notice of Resource Advisory Committee Meeting

AGENCY: North Central Idaho Resource Advisory Committee, Grangeville, 
Idaho, USDA, Forest Service.

ACTION: Notice of meeting.

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

SUMMARY: Pursuant to the authorities in the Federal Advisory Committee 
Act (Pub. L. 92-463) and under the Secure Rural Schools and Community 
Self-Determination Act of 2000 (Pub. L. 110-343) the Nez Perce and 
Clearwater National Forests' North Central Idaho Resource Advisory 
Committee will meet

[[Page 24782]]

Thursday, June 25th, 2009 in Orofino, Idaho for a business meeting. The 
meeting is open to the public.

SUPPLEMENTARY INFORMATION: The business meeting on June 25th will be 
held at the Clearwater National Forest Supervisor's Office in Orofino, 
Idaho, beginning at 10 a.m. (PST). Agenda topic will be discussion and 
approval of potential projects. A public forum will begin at 3:15 p.m. 
(PST).

FOR FURTHER INFORMATION CONTACT: Laura A. Smith, Public Affairs Officer 
and Designated Federal Officer, at (208) 983-5143.

    Dated: May 18, 2008.
Thomas K. Reilly,
Forest Supervisor.
[FR Doc. E9-12038 Filed 5-22-09; 8:45 am]
BILLING CODE 3410-11-M
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-6718
ANTHONY T. HAYWARD, Plaintiff - Appellant, versusEDWARD G. MURRAY; P. A. TERRANGI, Warden; DOCTOR HENCEROTH; H. D. UNDERWOOD, R.N.; C. HARVIN; F. WILSON; MICHAEL PFEIFFER; ROSCOE RAMSEY; J. WEBSTER; DOCTOR ONG; PIERRE D. LORD; K. HAMLIN, R.N.; E. SHAW, L.P.N.; A. EVANS, L.P.N.; B. EASTER, L.P.N.; E. POWELL, Captain; DOCTOR MARSHALL; CO NEWSOME; CLARENCE BURGESS, Lieutenant; J. A. SMITH, R.A.; R. B. KESSLER, M.A., Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CA-94-1239-AM) Submitted: August 27, 1996 Decided: September 13, 1996 Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Anthony T. Hayward, Appellant Pro Se. Lance Bradford Leggitt, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia; Carlyle Randolph Wimbish, III, SANDS, ANDERSON, MARKS & MILLER, Richmond, Virginia; Jeff Wayne Rosen, ADLER, ROSEN & PETERS, P.C., Virginia Beach, Virginia, for Appellees.23 Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM: Appellant appeals from the district cou rt's order denying relief on his 42 U.S.C. § 1983 (1988) complaint. 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. Hayward v. Murray , No. CA-94-1239-AM (E.D. Va. Apr. 18, 1995). We deny Appellant's motions for oral argument and for the appointment of counsel because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
II 

109TH CONGRESS 

1ST SESSION S. 906

To promote wildland firefighter safety. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2005

Ms. CANTWELL (for herself and Mrs. MURRAY) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL

To promote wildland firefighter safety.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wildland Firefighter 

5 Safety Act of 2005’’. 

6 SEC. 2. WILDLAND FIREFIGHTER SAFETY. 

7 (a) DEFINITION OF SECRETARY.—In this section, the 

8 term ‘‘Secretary’’ means—

9 (1) the Secretary of the Interior, with respect 

10 to public land (as defined in section 103 of the Fed11 eral Land Policy and Management Act of 1976 (43 
2

•S 906 IS 

1 U.S.C. 1702)), the surface of which is administered 

2 by the Secretary of the Interior, acting through the 

3 Director of the Bureau of Land Management; and 

4 (2) the Secretary of Agriculture, with respect to 

5 land of the National Forest System (as defined in 

6 section 11(a) of the Forest and Rangeland Renew7 able Resources Planning Act of 1974 (16 U.S.C. 

8 1609(a))) administered by the Secretary of Agri9 culture, acting through the Chief of the Forest Serv10 ice. 

11 (b) FIREFIGHTER SAFETY AND TRAINING BUDG12 ET.—The Secretary shall—

13 (1) track funds expended for firefighter safety 

14 and training programs and activities; and 

15 (2) include a line item for funds expended 

16 under paragraph (1) in each budget request sub17 mitted after the date of enactment of this Act. 

18 (c) ANNUAL REPORT TO CONGRESS.—Not later than 

19 1 year after the date of enactment of this Act, and annu20 ally thereafter, the Secretaries shall jointly submit to Con21 gress a report on the implementation and efficacy of 

22 wildland firefighter safety and training programs and ac23 tivities. 

24 (d) SAFETY QUALIFICATION OF PRIVATE CONTRAC25 TORS.—
3

•S 906 IS 

1 (1) IN GENERAL.—The Secretaries shall ensure 

2 that any Federal contract or agreement entered into 

3 with a private entity for wildland firefighting serv4 ices requires the entity to provide firefighter training 

5 in accordance with qualification standards estab6 lished by the National Wildfire Coordinating Group. 

7 (2) COMPLIANCE.—The Secretaries shall de8 velop a program to monitor and enforce compliance 

9 with the requirements of paragraph (1).

Æ
Presidential Documents

23605 

Federal Register 

Vol. 74, No. 96 

Wednesday, May 20, 2009 

Title 3— 

The President 

Proclamation 8381 of May 15, 2009 

National Safe Boating Week, 2009 

By the President of the United States of America 

A Proclamation 

Each year, millions of Americans take to our Nation’s waterways for recreational boating. Whether paddling down a rushing river or cruising on 

a serene lake, boaters are attracted to the incomparable feeling of being 

out on the water. They also are drawn by opportunities to exercise, appreciate 

nature, enjoy quiet solitude, or relax with family and friends. 

Unfortunately, accidents can occur as Americans participate in this popular 

pastime. Many serious incidents are preventable, and during National Safe 

Boating Week, I ask Americans to learn more about how to enjoy our 

Nation’s waters safely and responsibly. 

Simple steps can greatly reduce the chances of an accident. In preparation 

for the boating season, Americans can take boating safety courses and get 

a free vessel safety check. These steps can help prevent problems before 

they happen and prepare boaters for problems that may occur while on 

the water. Boaters should also wear a Coast Guard-approved life jacket 

and never boat under the influence of drugs or alcohol. These critical precautions can save lives and help ensure a fulfilling experience. 

Each year during this week, the United States Coast Guard partners with 

organizations to educate and inform the public about safe boating. I join 

them in calling upon Americans to protect themselves and others while 

boating. 

Recognizing the importance of safe boating practices, the Congress, by joint 

resolution approved June 4, 1958 (36 U.S.C. 131), as amended, has authorized 

and requested the President to annually proclaim the 7-day period prior 

to Memorial Day weekend as ‘‘National Safe Boating Week.’’ 

NOW, THEREFORE, I, BARACK OBAMA, President of the United States 

of America, do hereby proclaim May 16 through May 22, 2009, as National 

Safe Boating Week. I encourage all Americans to join in observing this 

occasion by learning more about boating safety and committing themselves 

to safe practices on the water. 

23606 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Presidential Documents 

IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day 

of May, in the year of our Lord two thousand nine, and of the Independence 

of the United States of America the two hundred and thirty-third. 

[FR Doc. E9–11919 

Filed 5–19–09; 8:45 am] 

Billing code 3195–W9–P 


OB#1.EPS</GPH>
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 WMS Industries, Inc. (the Company) on Form 10-Q for the
period ending December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Brian R. Gamache, Chief Executive 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 and 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/ Brian R. Gamache   
|Brian R. Gamache       
|Chief Executive Officer
|February 6, 2007       

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 WMS Industries, Inc. (the Company) on Form 10-Q for the period ending December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I,
Scott D. Schweinfurth, 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 and 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/ Scott D. Schweinfurth
|Scott D. Schweinfurth    
|Chief Financial Officer  
|February 6, 2007
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 21
- 0 618 STATE OF MONTANA,

Plaintiff and Appellee,
v. AUSTIN TYLER JOHNSON,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including April 25 , 2023 , within which to prepare, file, and serve Appellant’s reply brief on appeal. No further extensions will be granted.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

April 4 2023

04/04/2023

Case Number: DA 21-0618
[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Notices]
[Page 24059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12017]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 6630]


Culturally Significant Objects Imported for Exhibition 
Determinations: ``James Ensor''

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 
of October 19, 1999, as amended, and Delegation of Authority No. 257 of 
April 15, 2003 [68 FR 19875], I hereby determine that the objects to be 
included in the exhibition ``James Ensor,'' imported from abroad for 
temporary exhibition within the United States, are of cultural 
significance. The objects are imported pursuant to loan agreements with 
the foreign owners or custodians. I also determine that the exhibition 
or display of the exhibit objects at The Museum of Modern Art, New 
York, NY, from on or about June 28, 2009, until on or about September 
21, 2009, and at possible additional exhibitions or venues yet to be 
determined, is in the national interest. Public Notice of these 
Determinations is ordered to be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State, telephone: (202-
453-8050). The address is U.S. Department of State, SA-44, 301 4th 
Street, SW., Room 700, Washington, DC 20547-0001.

    Dated: May 18, 2009.
C. Miller Crouch,
Acting Assistant Secretary for Educational and Cultural Affairs, 
Department of State.
[FR Doc. E9-12017 Filed 5-21-09; 8:45 am]
BILLING CODE 4710-05-P
<TABLE> <S> <C>

<ARTICLE>                     5

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<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              MAR-31-2000
<PERIOD-START>                                 APR-01-2000
<PERIOD-END>                                   JUN-30-2000
<CASH>                                             762,000
<SECURITIES>                                             0
<RECEIVABLES>                                      856,000
<ALLOWANCES>                                       114,000
<INVENTORY>                                         20,000
<CURRENT-ASSETS>                                   962,000
<PP&E>                                           3,831,000
<DEPRECIATION>                                   2,838,000
<TOTAL-ASSETS>                                   4,519,000
<CURRENT-LIABILITIES>                            5,477,000
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<PREFERRED>                                        300,000
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<OTHER-EXPENSES>                                    12,000
<LOSS-PROVISION>                                         0
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<INCOME-CONTINUING>                             (1,974,000)
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<EXTRAORDINARY>                                          0
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<NET-INCOME>                                    (1,974,000)
<EPS-BASIC>                                          (0.19)
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#### Sarah Whitney, Respondent, v Argentina Valentin, Doing Business as La Esquina Restaurant, Respondent, and Roma Realty, LLC, et al., Appellants.

[963 NYS2d 109]

Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered on or about October 3, 2012, which, insofar as appealed from, denied defendants Roma Realty, LLC and PNC Enterprises, LLC’s motion for summary judgment dismissing the complaint as against them and on their cross claim for contractual indemnification against defendant Valentin, unanimously affirmed, without costs.

Roma Realty’s witness testified that, after purchasing the property, Roma replaced the cellar doors over which plaintiff subsequently fell, and that he knew that the doors were not equipped “with strong railings,” as required by Administrative *520Code of City of NY § 19-119. Defendants’ argument that Administrative Code of City of NY § 19-119 is not applicable to the subject cellar doors is unavailing *(see Lowenstein v Normandy Group, LLC,*51 AD3d 517, 519 [1st Dept 2008]). Given Roma’s witness’s undisputed testimony as to the violation of a specific statute, Roma, as an out-of-possession landlord with the right to reenter the premises to inspect and repair, is charged with constructive notice of the defective condition *(see Guzman v Haven Plaza Hous. Dev. Fund Co.,*69 NY2d 559, 565 [1987]; *Landy v 6902 13th Ave. Realty Corp.,*70 AD3d 649 [2d Dept 2010]). The testimony also raises an issue of fact whether Roma created or had actual notice of the condition that allegedly caused plaintiffs fall.

Issues of fact also exist as to the scope of PNC’s duties as Roma’s managing agent and therefore whether PNC may be held liable for plaintiffs injuries.

Since, contrary to defendants’ argument, the record does not demonstrate conclusively that Valentin proximately caused plaintiffs injuries, defendants are not entitled to summary judgment on their cross claim for contractual indemnification against her.

We have considered defendants’ remaining contentions and find them unavailing.

Concur—Andrias, J.P, Moskowitz, Freedman, Manzanet-Daniels and Feinman, JJ.
#### The People of the State of New York, Respondent, v Shawn Hunter, Appellant.

Submitted September 13, 2010;

decided September 16, 2010

Motion for assignment of counsel granted and Timothy P Donaher, Esq., Monroe County Public Defender, 10 N. Fitzhugh Street, Rochester, New York 14614 assigned as counsel to the appellant on the appeal herein.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from Supermarkets
General Holdings Corporation's Consolidated Statement of Operations for the 39
weeks ended October 30, 1999 and Consolidated Balance Sheet as of October 30,
1999 and is qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
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<PERIOD-END>                                  OCT-30-1999
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<PREFERRED-MANDATORY>                             110,538
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<TOTAL-LIABILITY-AND-EQUITY>                      875,965
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<TOTAL-COSTS>                                   1,961,191
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