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

Court of Appeals 

 

First District of Texas 

NO. 01-13-00931-CR

MELISSA DROMGOOLE, Appellant

V.

THE STATE OF TEXAS, Appellee

Appeal from County Criminal Court at Law No. 1 of Harris County. (Tr. Ct. No. No. No. 

1840727).

This Court today considered a motion for rehearing filed by appellant, Melissa 

Dromgoole. We order that the motion be denied, that this Court’s former judgment of 

June 4, 2015, be vacated, set aside, and annulled, and that this Court’s opinion of June 

4, 2015, be withdrawn.

This case is an appeal from the final judgment signed by the trial court on October 

11, 2013. After submitting the case on the appellate record and the arguments properly 

raised by the parties, the Court holds that there was error in the portion of the trial court’s 

judgment finding that the State’s enhancement paragraph was “n/a.” Accordingly, the 

Court modifies the trial court’s judgment, finding that the State’s enhancement paragraph 

was true.
The Court further holds that there was no reversible error in the remaining 

portions of the trial court’s judgment. Therefore, the Court affirms the trial court’s 

judgment as herein modified.

The Court orders that this decision be certified below for observance.

Judgment rendered July 23, 2015.

Panel consists of Justices Jennings, Higley, and Huddle. Opinion delivered by Justice 

Higley.
#### The People of the State of New York, Respondent, v Archie Phillips, Appellant.

[852 NYS2d 839]

Application by appellant’s counsel to withdraw as counsel is granted *(see Anders v California,*386 US 738 [1967]; *People v Saunders,*52 AD2d 833 [1976]). We have reviewed this record and agree with appellant’s assigned counsel that there are no nonfrivolous points which could be raised on this appeal.

Pursuant to Criminal Procedure Law § 460.20, defendant may apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting *393such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within 30 days after service of a copy of this order.

Denial of the application for permission to appeal by the judge or justice first applied to is final and no new application may thereafter be made to any other judge or justice. Concur—Lippman, P.J., Gonzalez, Sweeny and Catterson, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                           OCT-3-1998
<PERIOD-END>                                OCT-3-1998
<CASH>                                           1,468
<SECURITIES>                                         0
<RECEIVABLES>                                      345
<ALLOWANCES>                                        25
<INVENTORY>                                      1,237
<CURRENT-ASSETS>                                 3,456
<PP&E>                                          11,076
<DEPRECIATION>                                   7,359
<TOTAL-ASSETS>                                   9,043
<CURRENT-LIABILITIES>                            2,242
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           210
<OTHER-SE>                                       4,895
<TOTAL-LIABILITY-AND-EQUITY>                     9,043
<SALES>                                         20,420
<TOTAL-REVENUES>                                 1,347
<CGS>                                           10,209
<TOTAL-COSTS>                                   20,383
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 203
<INCOME-PRETAX>                                  1,421
<INCOME-TAX>                                        33
<INCOME-CONTINUING>                              1,388
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,388
<EPS-PRIMARY>                                     1.51
<EPS-DILUTED>                                     1.37
        

</TABLE>
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

 Respondent

 v.

JOSE COLON,

 Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 92 EAL 2015

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 23rd day of July, 2015, the Petition for Allowance of Appeal is

DENIED.
Rail Employer Reporting Instructions

Part VIII - Employer Reporting System (ERS) Internet User Instructions

Chapter 1: Introduction

1

Purpose

The Employer Reporting System (ERSNet) (at https://secure.rrb.gov/ERSNet/login.aspx), is an 

official United States Government Internet website intended for use by employers covered under 

the Railroad Retirement and Railroad Unemployment Insurance Acts in filing service and 

compensation reports with the Railroad Retirement Board (RRB) and related activities.

Overview of ERSNet Internet Reporting Website

ERSNet includes or will include:

• roles-based access system,

• forms that employers can complete and file on line with RRB,

• informational notices made available to employers on line,

• request forms sent to employers for their response,

• summary reports of compensation processed on the system, and

• email notices to employers and email comments to RRB.

Overview of This Part

This part consists of the following chapters:

1. Introduction;

2. General Instructions for accessing and using the ERSNet System;

3. How to Initiate a service and compensation report to RRB;

a. BA-4, Report of Creditable Compensation Adjustments,

b. BA-6a, Form BA-6 Address Report,

c. BA-3, Annual Report of Creditable Compensation NEW!

d. BA-11, Report of Gross Earnings NEW!

4. How to reply to a form request from RRB;

a. BA-6a, Form BA-6 Address Report,

b. GL-129a, Record of Employer Determination on Employee Protest

c. ID-4K, Prepayment Notice of Employee's Applications and Claims for Benefits under the 

Railroad Unemployment Insurance Act,

d. ID-4E, Notice of RUIA Claim Determinations.

5. Informational notices to employers (RESERVED);

6. Email: Notices to employers and employer comments to RRB;

7. Summary reports of compensation processed using this system; and

8. Guidelines for Access and Security

What is NOT in This Part

The instructions in this Part are limited to using ERSNet. Instructions for determining what 

constitutes creditable and reportable service and compensation are found in Part IV of these 
Rail Employer Reporting Instructions

Part VIII - Employer Reporting System (ERS) Internet User Instructions

Chapter 1: Introduction

2

reporting instructions. Finally, Form BA-12, Application for Employer Reporting System, can be 

located in the Forms portion of these reporting instructions.
#### Stephen Flanagan et al. *vs.*James Jerome.

If the judgment of a justice of the peace in an attachment ease is removed to the Circuit or Supreme Court and reversed, and the record remitted to the justice to proceed according to law, the justice cannot re-try the case. He has no authority to proceed in the case after reversal.

*Certiorari*in matter of attachment.

Brown, J.

This cause was commenced by Jerome, before a justice of the peace, by attachment. The defendants gave bond, and appeared in the case. Judgment was given against them. They removed the cause by *certiorari*to the Circuit Court of the county, and judgment was reversed, and the record remitted to the justice to proceed according to law. He gave notice to defendants, tried the cause in their absence, and gave judgment against them again. This was not proceeding according to law. Indeed, there was no proceeding a justice could take in the case according to law. The jurisdiction not only, but the modes of proceeding arc fixed by statute, and the statute gives no authority to proceed in any way after judgment. It is provided, by the 53d section of the attachment act, that the defendant, after filing his bond, shall file his plea, copy of account, or set-off, if any he have; and the said cause shall and may be adjourned and conducted in all things iii like manner as if the same had been commenced by summons under the act entitled, “ An act constituting courts for the trial of small causes.” The question presented here is therefore the same as if the case had been commenced by summons under the small cause act. Under that act, it is well settled that the justice has no authority to proceed in .any case. After his judgment has been removed to this court by *certiorari,*and reversed, reversal in the Circuit Court has the same effect.

Judgment reversed.
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 Quarterly Report of Affinion Group, Inc. (the Company) on Form
10-Q for the quarter ended March 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Form 10-Q), I, Nathaniel J. Lipman, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



| | (i) | the Form 10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934; and
| | --- | --------------------------------------------------------------------------------------------------------------------------------



| | (ii) | the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | ---- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                                     
|-------------------------------------
|Dated: April 29, 2009                
|                                     
|/s/ Nathaniel J. Lipman              
|Nathaniel J. Lipman                  
|President and Chief Executive Officer
Exhibit 11.1


                            BRODERBUND SOFTWARE, INC.

                   Computation of Net Income (Loss) Per Share


<TABLE>
<CAPTION>
                                                           Year ended August 31,
                                                    -----------------------------------
                                                      1997          1996         1995
                                                    -----------------------------------
                                                 (In thousands, except per share amounts)
<S>                                                 <C>            <C>          <C>    
Primary:
  Weighted average common shares outstanding
    for the period                                    20,686        20,682       20,027
  Common equivalent shares assuming conversion
    of stock options                                    --             827        1,010
                                                    -----------------------------------
Shares used in per share calculation                  20,686        21,509       21,037
                                                    ===================================
Net income (loss) used in per share calculation     $(13,482)      $36,777      $36,187
                                                    ===================================
Net income (loss) per share                           $(0.65)        $1.71        $1.72
                                                    ===================================
</TABLE>
CAUSE NO. 04-15-00222-CV

IN THE ESTATE OF § IN THE FOURTH COURT 

CARLOS AGUILAR, § OF APPEALS 

DECEASED § SAN ANTONIO, TEXAS 

________________________________________________________________________ 

APPELLEES’ NOTICE OF FILING REPORTER’S RECORD 

________________________________________________________________________ 

TO THE HONORABLE FOURTH COURT OF APPEALS: 

 NOW COMES Clarissa Aguilar, as the sole surviving parent and Next Friend of 

Carlos Aguilar, Jr., Alyssa Aguilar, Andrew Aguilar, Marcus Aguilar, and Kaylee Aguilar, 

Minor Children (hereinafter “Movants”), and gives notice to the Court of the filing of the 

Reporter’s Record for the May 26, 2015 hearing in 2012-PB4-000048-L2, the trial court 

case for In the Estate of Carlos Aguilar, deceased, on Movant’s Motion for Contempt 

against Vanessa Arce and Her Counsel. The record, which is referenced in Appellee’s 

Reply to Appellant’s Response to Motion for Sanctions, is attached as Exhibit A. 

Respectfully submitted, 

BY: “/s/ Ronald Rodriguez”

Ronald Rodriguez 

State Bar No. 00788306 

ron@ronaldrodriguez.com 

Willard Clark 

State Bar No. 24087307 

will@ronaldrodriguez.com 

The Law Offices of Ronald Rodriguez

A Professional Corporation 

915 Victoria Street 

Laredo, Texas 78040 

Tel: (956) 796-1000 

Fax: (956) 796-1002 

ACCEPTED

04-15-00222-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

7/22/2015 9:10:50 AM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 7/22/2015 9:10:50 AM KEITH E. HOTTLE Clerk
CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing document has been served on 

all counsel of record on this July 22, 2015, in accordance with the Texas Rules of Civil 

Procedure.

“/s/ Ronald Rodriguez”
Benefits and Beneficiaries Under the Railroad Retirement 

and Unemployment Insurance Systems - September 2003 

Benefit payments September 2003 September 2002 

Total $720,832,000 $726,675,000 

Retired employees 460,605,000 460,453,000 

Regular Retirement Spouses and divorced spouses 86,704,000 88,329,000 

and Survivor Benefits Widow(er)s - aged and disabled 152,494,000 156,570,000 

Other survivors 21,029,000 21,324,000 

Number Average1 Number Average1 

Total 627,000 ......... 2,600 ......... ......... 

Regular employee annuities, total 292,900 $1,590 1,100 $2,179 ......... 

Age 210,400 1,554 2 500 2 2,582 3 $1,204 

Disability, Full Retirement Age and Over 36,100 1,417 ......... ......... ......... 

Disability, Under Full Retirement Age 46,500 1,889 400 2,120 

Spouses and divorced spouses 146,700 598 800 760 

Widow(er)s--aged and disabled 158,800 980 600 1,334 

Widowed mothers and fathers 1,000 1,279 4/ 1,322 

Widow(er)s--remarried and divorced 15,000 648 100 664 

Children 12,500 744 100 888 

Other survivors 100 654 ......... ......... ......... 

854 733 

647 650 

841 

5/ / 

589 610 

......... 

925 

440 332 

$900 

......... 

......... 

......... 

Monthly benefits 

Being Paid Awarded 

Average under 

Being paid 

end of month 

Awarded in 

month 

Social Security 

September 2003 

5

Supplemental 

Employee 

Annuities 

Benefit payments 

September September 

2003 2002 Number Average 

$5,112,000 $5,611,000 129,200 $42 500 $41 

Being paid 

end of month 

Awarded 

in month 

Number Average 

1

Railroad retirement benefits shown are net of reduction for social security benefit entitlement. 

2

For employees retiring directly from the railroad industry with full age annuity (their years of service averaged 34); about 300 

other age annuities were awarded in the month. 

3

For men aged 65 or over insured on regular basis. 

4

Fewer than 50. 

5

Remarried and divorced widow(er)s included with aged and disabled widow(er)s and widowed mothers and fathers. 

Note. --Data are on a cash basis (unaudited) and are partly estimated. Detail may not add to totals due to rounding. 

(Over) 
Benefits and Beneficiaries Under the Railroad Retirement 

and Unemployment Insurance Systems - (Continued) 

September 2003 

Unemployment and Sickness Benefits 

Unemployment 2,900 $270 

Sickness 7,300 272 

Unemployment 

Sickness 5,385,000 5,134,000 

2,793,000 2,864,000 

Benefit payments 

September 2002 

Total $8,179,000 $7,998,000 

495 

September 2003 

Per 

full week 

$485 

Number of beneficiaries 

during month 

Per 2-week 

registration period 

Average payment 

Note. --Data are on a cash basis (unaudited). Detail may not add to totals due to rounding. 

Recycled 

Paper 

Published by the U.S. Railroad Retirement Board 

Bureau of the Actuary and the Office of Public Affairs
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, July 08, 2015.

I certify that the above is a true extract from the minutes of

the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, July 08, 2015

The Court of Appeals hereby passes the following order

A15A1829. IN RE: ESTATE OF AMELIA HINKLE HARDY.

Upon consideration of the APPELLANT'S motion FOR PERMISSION TO WITHDRAW

THE APPEAL in the above styled case, it is ordered that the motion is hereby GRANTED.
Order filed July 22, 2014 

In The

Fourteenth Court of Appeals

____________

NO. 14-14-00129-CV

____________

VALAIDA TARRY, Appellant

V.

MEMORIAL HERMANN HOSPITAL, Appellee

On Appeal from the Co Civil Ct at Law No 4

Harris County, Texas

Trial Court Cause No. 1029117

O R D E R

Appellant’s brief was due June 27, 2014. No brief or motion for extension of 

time has been filed. 

Unless appellant files a brief with this court on or before August 21, 2014, 

the court will dismiss the appeal for want of prosecution. See Tex. R. App. P. 

42.3(b). 

PER CURIAM
### NUMBER 13 - 15 - 00495 - CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

ORLANDO FIGUEROA , Appellant ,
v. THE STATE OF TEXAS , Appellee.

On appeal from the 148th District Court of Nueces County , Texas.



## O R D E R
Before Just ices Garza, Benavides, and Perkes

Order Per Curia m
Appellant, Orlando Figueroa, has filed a notice of appeal with this Court from his conviction in trial court cause number 15

- CR

- 0495

- E

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

. R. A PP

. P. 25.2(a)(2). The Texas Rules of Appellate Procedure provide that an appeal must be dismissed if a certification showing that a defendant has a right of appeal is not made a part of the record. Id. R. 25. 2(d); see id. R. 37.1, 44.3, 44.4. The2

purpose of the certification requirement is to efficiently sort appealable cases from non

appealable cases so that appealable cases can “move through the system unhindered while eliminating, at an early stage, the ti me and expense associated with non

appealable cases.” Greenwell v. Ct. of Apps. for the Thirteenth Jud. Dist. , 159 S.W.3d 645, 649 (Tex. Crim. App. 2005); see Hargesheimer v. State , 182 S.W.3d 906, 912 (Tex. Crim. App. 2006). Within thirty days of the date of this notice, appellant’s lead appellate counsel, Chris Waller , is hereby ORDERED to: 1) review the record; 2) determine whether appellant has a right to appeal; and 3) forward to this Court, by letter, counsel’s findings as to whether appellant has a righ t to appeal and/or advise this Court as to the existence of any amended certification. If appellant’s counsel determines that appellant has a right to appeal, counsel is further ORDERED to file a motion with this Court within thirty days of this notice, i dentifying and explaining substantive reasons why appellant has a right to appeal. See T EX

. R. A PP

. P

. 44.3, 44.4; Dears v. State , 154 S.W.3d 610,
614

– 15 (Tex. Crim. App. 2005); see also, e.g., Carroll v. State , 119 S.W.3d 838, 841 (Tex. App.

— San Antonio 2003, no pet.) (certification form provided in appendix to appellate rules may be modified to reflect that defendant has right of appeal under circumstances not addressed by the form). The motion must include an analysis of the applicable case law, and an y factual allegations therein must be true and supported by the record. See Dears , 154 S.W.3d at 614

– 15; c f. Woods v. State, 108 S.W.3d 314, 316 (Tex. Crim. App. 2003) (construing former appellate rule 25.2(b)(3) and holding that recitations in the notice of appeal must be true and supported by the record). Copies of record documents necessary to evaluate the alleged error in the certification affecting3

appellant’s right to appeal shall be attached to the motion. See T EX

. R. A PP

. P. 10.1,
10.2. PER CURIA M Do not publish. T EX

. R. A PP

. P. 47.2( b). Delivered and filed the 21st day of October 2015

.
Benefits and Beneficiaries Under the Railroad Retirement 

and Unemployment Insurance Systems - January 2005 

Regular Retirement 

and Survivor Benefits 

Benefit payments January 2005 January 2004 

Total $763,120,000 $748,119,000 

Retired employees 493,468,000 479,874,000 

Spouses and divorced spouses 91,607,000 90,114,000 

Widow(er)s - aged and disabled 155,878,000 156,459,000 

Other survivors 22,167,000 21,672,000 

Number Average1 Number Average1 

Total 605,800 ......... 2,800 ......... ......... 

Regular employee annuities, total 286,400 $1,705 1,200 $2,266 ......... 

Age 203,000 1,666 2 500 2 2,703 3 $1,323 

Disability, Full Retirement Age and Over 35,200 1,520 ......... ......... ......... 

Disability, Under Full Retirement Age 48,300 2,008 400 2,260 

Spouses and divorced spouses 141,800 636 800 754 

Widow(er)s--aged and disabled 149,600 1,042 700 1,354 

Widowed mothers and fathers 1,000 1,349 4/ 1,060 

Widow(er)s--remarried and divorced 14,800 695 100 710 

Children 12,100 788 100 1,001 

Other survivors 100 733 ......... ......... ......... .........

5/ / 

627 648 

905 821 

681 701 

......... 

894 953 

464 347 

......... 

$957 

......... 

Being Paid Awarded 

Monthly benefits January 2005 

Average under 

Being paid 

end of month 

Awarded in 

month 

Social Security 

5

Supplemental 

Employee 

Annuities 

Benefit payments 

January January 

2005 2004 Number Average 

$5,291,000 $5,413,000 125,200 $42 600 $41 

Being paid 

end of month 

Awarded 

in month 

Number Average 

1

Railroad retirement benefits shown are net of reduction for social security benefit entitlement.

2

For employees retiring directly from the railroad industry with full age annuity (their years of service averaged 34); some 300

other age annuities were awarded in the month. 

3

For men aged 65 or over insured on regular basis.

4

Fewer than 50.

5

Remarried and divorced widow(er)s included with aged and disabled widow(er)s and widowed mothers and fathers.

Note. --Data are on a cash basis (unaudited) and are partly estimated. Detail may not add to totals due to rounding.

Regular retirement and survivor benefit payments total includes hospital insurance benefits for services in Canada.

(Over) 
Benefits and Beneficiaries Under the Railroad Retirement 

and Unemployment Insurance Systems - (Continued) 

January 2005 

Unemployment and Sickness Benefits 

Unemployment 4,400 $277 

Sickness 6,400 277 

Unemployment 

Sickness 5,229,000 4,780,000 

$9,541,000 

3,931,000 4,761,000 

Total $9,161,000 

Benefit payments 

January 2005 January 2004 

$479 

490 

Number of beneficiaries 

during month 

Per 2-week 

registration period 

Per 

full week 

Average payment 

Note. --Data are on a cash basis (unaudited). Detail may not add to totals due to rounding. 

Recycled 

Paper 

Published by the U.S. Railroad Retirement Board 

Bureau of the Actuary