alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Motion Granted, Vacated and Rendered, and Memorandum Opinion filed 

February 1, 2022.

In The

Fourteenth Court of Appeals

____________

NO. 14-21-00521-CV

____________

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant

V.

ALICIA ANN FRAMPTON, Appellee

On Appeal from the County Court at Law

Colorado County, Texas

Trial Court Cause No. 21-5721

MEMORANDUM OPINION

This is an appeal from a judgment signed August 10, 2021 in a suit for judicial 

review, vacating an administrative law judge’s decision authorizing the suspension 

of the appellee’s driver’s license. On January 12, 2022, the parties filed with this 

court a joint motion for this court to render judgment effectuating the parties’

agreement, the substance of which is to vacate the trial court’s judgment, leaving the 
2

administrative law judge’s decision in place. Accordingly, we grant the joint 

motion, vacate the trial court’s August 10, 2021 judgment and dismiss the case in 

the county court at law. The administrative law judge’s April 14, 2021 decision 

remains unchanged. See Tex. R. App. P. 42.1(a)(2)(A).

PER CURIAM

Panel Consists of Justices Wise, Spain, and Hassan.
EXHIBIT 12.1

                                 CERTIFICATIONS

I, Zvi Slonimsky, certify that:

1.   I have reviewed this annual report on Form 20-F of Alvarion Ltd.;

2.   Based on my knowledge, this report does 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, the financial statements, and other financial
     information included in this annual report, fairly present in all material
     respects the financial condition, results of operations and cash flows of
     the registrant as of, and for, the periods presented in this report;

4.   The company's other certifying officer(s) and I are responsible for
     establishing and maintaining disclosure controls and procedures (as defined
     in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the company and have:

     a.   Designed such disclosure controls and procedures, or caused such
          disclosure controls and procedures to be designed under our
          supervision, to ensure that material information relating to the
          company, including its consolidated subsidiaries, is made known to us
          by others within those entities, particularly during the period in
          which this report is being prepared;

     b.   Evaluated the effectiveness of the company's disclosure controls and
          procedures and presented in this report our conclusions about the
          effectiveness of the disclosure controls and procedures, as of the end
          of the period covered by this report based on such evaluation; and

     c.   Disclosed in this report any change in the company's internal control
          over financial reporting that occurred during the period covered by
          the annual report that has materially affected, or is reasonably
          likely to materially affect, the company's internal control over
          financial reporting, and

5.   The company's other certifying officer(s) and I have disclosed, based on
     our most recent evaluation, to the company's auditors and the audit
     committee of company's board of directors (or persons performing the
     equivalent function):

     a.   All significant deficiencies and material weaknesses in the design or
          operation of internal controls over financial reporting which are
          reasonably likely to adversely affect the company's ability to record,
          process, summarize and report financial information; and

     b.   Any fraud, whether or not material, that involves management or other
          employees who have a significant role in the company's internal
          controls over financial reporting.

Date: 20 June, 2005

                                        /s/ Zvi Slonimsky
                                        -------------------------
                                        Zvi Slonimsky
                                        Chief Executive Officer
<TABLE> <S> <C>

<PAGE>
 
 
<ARTICLE> 5
<LEGEND>
UNAUDITED INFORMATION FOR 1ST QUARTER 10-Q. THIS SCHEDULE CONTAINS SUMMARY
FINANCIAL INFORMATION EXTRACTED FROM THE CONSOLIDATED BALANCE SHEET AND
CONSOLIDATED STATEMENT OF OPERATION AS OF, AND FOR THE THREE-MONTH PERIOD ENDED,
MARCH 31, 1997, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                               0
<SECURITIES>                                     6,229
<RECEIVABLES>                                   27,666
<ALLOWANCES>                                       555
<INVENTORY>                                          0
<CURRENT-ASSETS>                                43,361
<PP&E>                                          15,344
<DEPRECIATION>                                   7,305
<TOTAL-ASSETS>                                  86,830
<CURRENT-LIABILITIES>                           33,832
<BONDS>                                          1,633
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          7
<COMMON>                                           225
<OTHER-SE>                                      50,563
<TOTAL-LIABILITY-AND-EQUITY>                    86,830
<SALES>                                              0
<TOTAL-REVENUES>                                19,317
<CGS>                                                0
<TOTAL-COSTS>                                   10,659
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  66
<INCOME-PRETAX>                                    681
<INCOME-TAX>                                       236
<INCOME-CONTINUING>                                445
<DISCONTINUED>                                     300
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       145
<EPS-PRIMARY>                                     0.01
<EPS-DILUTED>                                     0.01
        


</TABLE>
EXHIBIT 12.2


                                 CERTIFICATIONS


I, Dafna Gruber, certify that:

1. I have reviewed this annual report on Form 20-F of Alvarion Ltd.;

2. Based on my knowledge, this report does 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, the financial statements, and other financial
information included in this annual report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this report;

4. The company's other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the company and have:

      a. Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the company, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

      b. Evaluated the effectiveness of the company's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

      c. Disclosed in this report any change in the company's internal control
over financial reporting that occurred during the period covered by the annual
report that has materially affected, or is reasonably likely to materially
affect, the company's internal control over financial reporting, and 5. The
company's other certifying officer(s) and I have disclosed, based on our most
recent evaluation, to the company's auditors and the audit committee of
company's board of directors (or persons performing the equivalent function):

      a. All significant deficiencies and material weaknesses in the design or
operation of internal controls over financial reporting which are reasonably
likely to adversely affect the company's ability to record, process, summarize
and report financial information; and

      b. Any fraud, whether or not material, that involves management or other
employees who have a significant role in the company's internal controls over
financial reporting.


Date: June 23, 2004

                                    /s/ Dafna Gruber
                                    -------------------------
                                    Dafna Gruber
                                    Chief Financial Officer
Unemployment rates for metropolitan areas,
2023 annual averages

(U.S. rate = 3.6 percent)

NOTE: Map includes data for 389 metropolitan areas based
on Office of Management and Budget Bulletin No. 18-03. ||

Areas in the six New England states are Metropolitan Above U.S. average

New England City and Town areas (NECTAs), while

areas in other states are county-based.

Oo U.S. average or below



Unemployment rates for metropolitan areas,
2022 annual averages

(U.S. rate = 3.6 percent)

NOTE: Map includes data for 389 metropolitan areas based
on Office of Management and Budget Bulletin No. 18-03. ||

Areas in the six New England states are Metropolitan Above U.S. average

New England City and Town areas (NECTAs), while

areas in other states are county-based.

Oo U.S. average or below



Unemployment rates for metropolitan areas,
2019 annual averages

(U.S. rate = 3.7 percent)

NOTE: Map includes data for 389 metropolitan areas based
on Office of Management and Budget Bulletin No. 18-03. ||

Areas in the six New England states are Metropolitan Above U.S. average

New England City and Town areas (NECTAs), while

areas in other states are county-based.

Oo U.S. average or below



Unemployment rates for metropolitan areas,
2020 annual averages

(U.S. rate = 8.1 percent)

NOTE: Map includes data for 389 metropolitan areas based
on Office of Management and Budget Bulletin No. 18-03. ||

Areas in the six New England states are Metropolitan Above U.S. average

New England City and Town areas (NECTAs), while

areas in other states are county-based.

Oo U.S. average or below



Unemployment rates for metropolitan areas,
2021 annual averages

(U.S. rate = 5.3 percent)

NOTE: Map includes data for 389 metropolitan areas based
on Office of Management and Budget Bulletin No. 18-03. ||

Areas in the six New England states are Metropolitan Above U.S. average

New England City and Town areas (NECTAs), while

areas in other states are county-based.

Oo U.S. average or below
S07Y1834.

#### IN THE MATTER OF TERRILL ANDREW TURNER.

(651 SE2d 81)

Per curiam.

This matter is before the Court on the Report of the Special Master, Donald L. Swift III, who recommends that Respondent Terrill Andrew Turner be disbarred for his violations of Rules 1.3, 1.4, 1.15 (I), 1.15 (II), 8.4 (a) (4), and 9.3 of the Rules of Professional Conduct found in Bar Rule 4-102 (d). The State Bar filed a Formal Complaint against Turner who did not respond and, therefore, the facts alleged and violations charged are deemed admitted, see Bar Rule 4-212 (a).

As alleged in the complaint and deemed admitted, Turner was hired by three individuals and three companies to represent them in their business of purchasing tax liens. Turner received redemption payments from parties with an interest in the properties but failed to notify his clients that he had received those funds, remit the funds to his clients or deposit them in his attorney trust account. Instead, he diverted to himself over $700,000 of redemption payments owed to his clients and at times issued quitclaim deeds to the property owners, signing them as vice-president of one of his corporate clients even though he was not an officer of the company. He also occasionally forged the signature of a corporate officer of his corporate clients on the deeds. When his clients confronted him about the redemption payments Turner admitted his misconduct, including theft and forgery, and later provided an inventory of the affected properties. Turner did not, however, make restitution to his clients. When served with a Notice of Investigation, Turner filed an untimely response in which he failed to address specifically all the issues set forth in the Notice of Investigation.

Having reviewed the record, we find that by his admitted conduct Turner violated the rules as alleged and we find in aggravation of *476discipline that Turner had multiple offenses and showed indifference to making restitution. As violations of all the rules charged except Rules 1.4 and 9.3 may be punished by disbarment, we conclude that disbarment is the appropriate sanction in this case. Accordingly, the name of Terrill Andrew Turner hereby is removed from the rolls of attorneys licensed to practice law in the State of Georgia. He is reminded of his duties under Bar Rule 4-219 (c).

Decided September 24, 2007.

*William P. Smith III, General Counsel State Bar, Jonathan W. Hewett, Assistant General Counsel State Bar,*for State Bar of Georgia.

*Disbarred.*

*All the Justices concur.*
EXHIBIT 99.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Blair Geddes, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of ActivCard S.A. on Form 10-K for the fiscal year ended December 31, 2002 fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that information contained in such Annual Report on Form 10-K fairly presents in all material respects the financial condition and results of operations of ActivCard S.A.



|Date:  June 27, 2003 |  | By: |  | /s/    BLAIR
GEDDES
|-------------------- |  | --- |  | -------------------
|                     |  |     |  |                    



A signed original of
this written statement required by Section 906 has been provided to ActivCard S.A. and will be retained by ActivCard S.A. and furnished to the Securities and Exchange Commission upon request.
#### MESSELT et al. v. SECURITY STORAGE CO. et al.

Civ. A. No. 1170.

United States District Court D. Delaware.

Oct. 12, 1950.

*510William Marvel (of Morford, Benne-thum, Marvel & Cooch), of Wilmington, Del., for plaintiff.

William Prickett, of Wilmington, Del.,¡ and Edward B. Hayes and Lord, Bissell & Kadyk, all of Chicago, 111., for defendants.

LEAHY, Chief Judge.

On September 29, 1950, defendants gave notice that they intended to take the deposition of plaintiffs on October 19, 1950, in this Court House. Pre-trial discovery is still taking place and the case has not been placed on the trial calendar. After receipt of the notice, plaintiffs filed a motion under Fed.Rules Civ.Proc. rule 30(b), 28 U.S.C. A., that the designation of the time and place for their examination was improper or unreasonable. The main ground in support of the motion is that plaintiffs reside and have their place of business in San Francisco, California, and that it would be hardship and oppressive for them to come on to this Court in Wilmington, Delaware, on October 19, 1950, since they fully intend to be present at the trial of the cause. Several authorities have held that where a non-resident plaintiff chooses his forum he makes himself available for examination there in the absence of special circumstances dictating a different rule.1 The question emerging for decision in the matter at bar is whether special circumstances have been shown. I think they have under the specific facts of this case. I think it unreasonable to require plaintiffs to make a transcontinental trip in order that their depositions may be taken pretrial in this District where, by their sworn affidavit, they unequivocably state that they shall be present for trial. This means they will be subject to call for examination and cross-examination. If by any chance plaintiffs do not appear at trial and accordingly are not available for questioning by defendants, then the present application may be renewed for reconsideration. But, at this time, I am of the view that plaintiffs’ motion under Rule 30(b) should be granted.

Under these circumstance, defendants may either proceed to take the depositions of plaintiffs in California or such other place as they may be located, or defendants may proceed on written interrogatories.

As stated, on the basis of the present rule, the depositions will not be had in this District on October 19, 1950; plaintiffs’ motion under Rule 30(b) will be granted; and an order embracing the rulings made above may be submitted.

1

. Producers Releasing Corporation De Cuba v. P.R.C. Pictures, Inc., D.C., 8 F.R.D. 254, and cases there cited.
**Exhibit 23.1**

 

**INDEPENDENT AUDITORS’ CONSENT**

 

The Board of Directors: 

Exult, Inc.

 

We consent to the incorporation by reference in theregistration statements on Form S-3 (No. 333-110992) and (No. 333-100927, 333-38384 and 333-38390) on Form S-8 of Exult, Inc. and subsidiaries of our reports dated January 29, 2004 and March 2, 2004, with respect to the consolidated balance sheetsof Exult, Inc. and subsidiaries as of December 31, 2002 and 2003, and the related consolidated statements of operations, comprehensive income (loss), stockholders’ equity and cash flows for the years then ended, and the related consolidatedfinancial statement schedule for the years ended December 31, 2002 and 2003, which reports appear in the December 31, 2003 annual report on Form 10-K of Exult, Inc. and subsidiaries. 

 

Our reports dated January 29, 2004 and March 2, 2004 state that the consolidated financial statements and consolidatedfinancial statement schedule of Exult, Inc. and subsidiaries as of December 31, 2001, and for the year then ended were audited by other auditors who have ceased operations. Those auditors expressed an unqualified opinion on those consolidatedfinancial statements in their report dated January 23, 2002. As described in Note 3, the 2001 consolidated financial statements have been restated. We audited the adjustments described in Note 3 that were applied to restate the 2001 consolidatedfinancial statements, as well as certain additional disclosures in the 2001 consolidated financial statements, as described in Note 3 and Note 6. However, we were not engaged to audit, review, or apply any procedures to the 2001 consolidatedfinancial statements and consolidated financial statement schedule of Exult, Inc. and subsidiaries other than with respect to such adjustments and disclosures. 

 

/s/ KPMG LLP 

Orange County, California 

March 2, 2004 

 

**CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS**

 

As independent public accountants, we hereby consent to the incorporation ofour reports included in this Form 10-K, into the Company’s previously filed Registration Statements File Nos. 333-38384 and 333-38390. 

 

/s/ Arthur Andersen LLP 

 

ARTHUR ANDERSEN LLP 

Orange County, California 

March 28, 2002
[Federal Register Volume 74, Number 137 (Monday, July 20, 2009)]
[Notices]
[Page 35215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17234]


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

SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission will hold an Open Meeting on Wednesday, July 
22, 2009 at 2 p.m., in the Auditorium, Room L-002.
    The subject matter of the Open Meeting will be:
    The Commission will consider whether to propose a rule to address 
``pay to play'' practices by investment advisers. The proposal is 
designed, among other things, to prohibit advisers from seeking to 
influence the award of advisory contracts by public entities through 
political contributions to or for those officials who are in a position 
to influence the awards.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact: The Office of the 
Secretary at (202) 551-5400.

    Dated: July 15, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-17234 Filed 7-17-09; 8:45 am]
BILLING CODE 8010-01-P
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

I, Charles C. Ward, Chief Financial Officer and Treasurer of Constellation Energy Partners LLC, certify pursuant to
18 U.S.C. Section 1350 adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that to my knowledge:

(i) The
accompanying Quarterly Report on Form 10-Q for the quarter ended March 31, 2009 fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and

(ii) The information contained in such report fairly presents, in all material respects, the financial condition and results of operations of
Constellation Energy Partners LLC.



|                                     
|-------------------------------------
|/s/ Charles C. Ward                  
|Charles C. Ward                      
|Chief Financial Officer and Treasurer
|                                     
|May 8, 2009
NORTHEAST BANCORP AND SUBSIDIARIES
   Exhibit 11.  Statement Regarding Computation of Per Share Earnings
                                    
<TABLE>
<Caption)
                                    Three Months Ended     Three Months Ended
                                    September 30, 1997     September 30, 1996
                                    __________________     __________________

<PAGE> 20
<S>                                 <C>                    <C>               
EQUIVALENT SHARES:                                                       
                                                                         
Average Shares Outstanding                 1,290,800              1,231,294
                                                           
Total Equivalent Shares                    1,290,800              1,231,294
Total Primary Shares                       1,376,623              1,330,400
Total Fully Diluted Shares                 1,623,733              1,565,531
                                                                
                                                             
Net Income                           $       552,841        $       184,261
Less Preferred Stock Dividend                 34,999                 34,999
                                    __________________      _________________
Net Income after Preferred Dividend $        517,842        $       149,262  
                                    ==================      ================= 

Primary Earnings Per Share          $           0.38        $          0.11  
Fully Diluted Earnings Per Share    $           0.34        $          0.11


</TABLE>