alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered September 2 2 , 2014

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 14
- 00600
- CR
ROBERT FRANKLIN THOM AS, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 363rd Judicial District Court

Dallas County, Texas T rial Court Cause No. F13
- 61531
- W



### O RDER Appellant has informed the Court that he wishes to file a pro se response to the Anders brief filed by appellate counsel. Accordingly, we ORDER appellate counsel Niles Illich to provide appellant with copies of the clerk’s and reporter’s records. We further ORDER Mr.
Illich to provide this Court, within THIRTY DAYS of the date of this order, with written verification that the record has been sent to appellant. Appellant’s pro se response is due by DECEMBER 9, 2014

. We DIRECT the Clerk to sen d copies of this order, by electronic transmission, to the
Honorable Tracy Holmes, Presiding Judge, 363rd Judicial District Court; Darline LaBar, official court reporter, 363rd Judicial District Court; Gary Fitzsimmons, Dallas County District Clerk; Niles Illich; and the Dallas County District Attorney’s Office.We DIRECT the Clerk to send a copy of this order, by first

- class mail, to Robert

Thomas, TDCJ No. 01923831, Bradshaw State Jail, Post Office Box 9000, Henderson, Texas
75653.
/s/ ADA BROWN JUSTICE
# Fourth Co urt of Appeals

San Antonio, Texas

September 29, 2021

No. 04

- 21

- 00363

- CV

IN THE MATTER OF THE ESTATE OF BEN ARZA, III, DECEASED

From the County Court

, Guadalupe County, Texas

Trial Court No. 2020

- PC

- 0203 Honorable Bill Squires , Judge Presidin g



### O R D E R

The clerk’s record is presently due on November 29, 2021. On September 27 , 2021 , the

trial court clerk filed a notification of late clerk’s record, stating appellant is not entitled to appeal without paying the fee, and the appellant has failed to pay the fee for preparing the record.

W e, therefore, ORDER appellant to provide writte n proof to this court no later than October 11, 2021 that either (1) the clerk’s fee for preparing the clerk’s fee has been paid or arrangements have been made to pay the clerk’s fee; or (2) appellant is entitled to appeal without paying the clerk’s fee. If appellant fails to respond within the time provided, this appeal will be

dismissed for want of prosecution. See T EX

. R. A PP

. P. 37.3(b) (allowing dismissal of appeal for want of prosecution if clerk’s record is not filed due to appellant’s fault); see also T EX

. R. A PP

. P. 42.3(c) (allowing dismissal of appeal if appellant fails to comply with an order of this court).

_________________________________ Lori I. Valenzuela , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 29th day of September, 2021

.

___________________________________ M ichael A. C ruz
, Clerk of Court
EXHIBIT 11

<TABLE>
<CAPTION>
                       COMPUTATION OF NET INCOME PER SHARE

                                                                             FOR THE QUARTER ENDED
                                                                             ---------------------
                                                                  MARCH 31, 1998               MARCH 31, 1997
                                                                  --------------               --------------
<S>                                                                 <C>                          <C>         
Net income                                                          $    670,000                 $    957,000
   Preferred stock dividends...........................                  283,500                      283,500
                                                                    ------------                 ------------

   Net income applicable to common stock...............                  386,500                      673,500
                                                                    ============                 ============

   Weighted average common shares......................                2,840,473                    2,820,451

   Basic earnings per common share.....................             $       0.14                 $       0.24
                                                                    ============                 ============
</TABLE>

For purposes of computing diluted earnings per share, diluted weighted average
shares included common stock equivalents of 40,975 and 34,121 for the first
quarter of 1998 and 1997, respectively.
Assignment of Purchase and Sale Agreement



 EXHIBIT 10.5 
 ASSIGNMENT OF PURCHASE AND SALE AGREEMENT 
 FOR IMPROVED REAL ESTATE 

THIS ASSIGNMENT OF PURCHASE AND SALE AGREEMENT FOR IMPROVED REAL ESTATE (this “Assignment”) is made this 21st day of December,
2011, between TNP ACQUISITIONS, LLC, a Delaware limited liability company (the “Assignor”); and TNP SRT SUMMIT POINT, LLC, a Delaware limited liability company (“Assignee”). 

W I T N E S S E T H: 
 THAT for and in consideration of the sum of ten dollars ($10.00) cash in hand paid and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor does
hereby transfer and assign to Assignee all of Assignor’s rights, title, and interest in, to, and under that certain Purchase and Sale Agreement for Improved Real Estate, dated September 29, 2011, as amended (the “Agreement”),
between CP Summit Retail, LLC, a Georgia limited liability company, as Seller, and TNP Acquisitions, LLC, a Delaware limited liability company, as Purchaser, in connection with the acquisition of the property described in the Agreement (the
“Loan”). 
 Assignee, as evidenced by its signature hereto, agrees to assume and perform the obligations of Assignor
under the Agreement. 
 [SIGNATURES FOLLOW] 

  
 1 








 WITNESS the following signatures: 

 

									
	ASSIGNOR:	 		 	TNP ACQUISITIONS, LLC,
		 		 	a Delaware limited liability company
					
		 		 		 	By:	 	/s/ James
Wolford                                        
                
		 		 		 	Name:	 	James
Wolford                                        
                     
		 		 		 	Its:	 	CFO                            
                                         
         


													
			
	ASSIGNEE:	 		 	 TNP SRT SUMMIT POINT, LLC,
 a Delaware limited liability company

					
		 		 		 	By:  	 	 TNP Strategic Retail Operating Partnership, L.P.,
 a Delaware limited partnership
 its Sole Member

						
		 		 		 		 	By:  	 	 TNP Strategic Retail Trust, Inc.,
 a Maryland corporation
 its general partner

		 		 		 		 		 		 	
		 		 		 		 		 	By:	 	/s/ James
Wolford                                        
                
		 		 		 		 		 	Name: 	 	James
Wolford                                        
                     
		 		 		 		 		 	Its:	 	CFO                           
                                         
         

 SEEN AND AGREED: 
  

									
	SELLER:	 		 	CP SUMMIT RETAIL, LLC,
		 		 	a Georgia limited liability company
					
		 		 		 	By:	 	 /s/ R. Kent
Rose                                         
                    

		 		 		 	Name:	 	R. Kent
Rose                                         
                         
		 		 		 	Title:	 	Manager                            
                                         
    


  
 2
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 7 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
S. J. RES. 7

  Proposing an amendment to the Constitution of the United States to 
     clarify the authority of Congress and the States to regulate 
corporations, limited liability companies, and other corporate entities 
established by the laws of any State, the United States, or any foreign 
                                 state.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2015

 Mr. Tester (for himself and Mr. Whitehouse) introduced the following 
joint resolution; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION

 
  Proposing an amendment to the Constitution of the United States to 
     clarify the authority of Congress and the States to regulate 
corporations, limited liability companies, and other corporate entities 
established by the laws of any State, the United States, or any foreign 
                                 state.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled (two-thirds of each House 
concurring therein), That the following article is proposed as an 
amendment to the Constitution of the United States, which shall be 
valid to all intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several States:

                              ``Article--

    ``Section 1. The rights enumerated in this Constitution and other 
rights retained by the people shall be the rights of natural persons.
    ``Section 2. As used in this Constitution, the terms `people', 
`person', and `citizen' shall not include a corporation, a limited 
liability company, or any other corporate entity established by the 
laws of any State, the United States, or any foreign state.
    ``Section 3. A corporate entity described in section 2 shall be 
subject to such regulation as the people, through representatives in 
Congress and State representatives, may determine reasonable, 
consistent with the powers of Congress and the States under this 
Constitution.
    ``Section 4. Nothing in this Constitution shall be construed to 
limit the rights enumerated in this Constitution and other rights 
retained by the people, which are unalienable.''.
                                 <all>
```
#### Gerald Pierce vs. Department of Correction & another.1

January 16, 2008.

*Supreme Judicial Court,*

Appeal from order of single justice. *Moot Question. Parole. Practice, Criminal,*Sentence, Parole, Plea.

1

Massachusetts Parole Board.

Gerald Pierce appeals from the denial of his petition pursuant to G. L. c. 211, § 3, by a single justice of this court. We affirm.

Pierce was convicted of a felony and sentenced to imprisonment from eight to ten years. Approximately one year into his sentence, he escaped from a prison camp and was not returned to custody for nearly two decades. Thereafter, he pleaded guilty in the District Court to escape, pursuant to G. L. c. 127, § 83C; was determined to have forfeited certain good time credits pursuant to G. L. c. 127, § 83B; and was given a sentence that ran concurrently with his initial sentence. He was eventually released on parole but left his long-term residential program without returning; he was later recaptured and reincarcerated. Thereafter, he filed a petition for a writ of habeas corpus in the Superior Court, claiming that he was entitled to recovery of his lost good time credits and immediate release, or at least release on parole. He also moved unsuccessfully in the District Court to withdraw his guilty plea on the escape charge.

*1023*Gerald Pierce,*pro se.

*Eva M. Badway,*Assistant Attorney General *{David Slade*with her) for the defendants.

Thereafter, he filed his G. L. c. 211, § 3, petition, seeking to “remove” the Superior Court habeas action to the county court, and seeking relief from the District Court denial of his motion to withdraw his guilty plea. The single justice denied his petition without a hearing.

Since Pierce initiated his action in the county court, he has been released from prison and discharged from the custody of the Department of Correction. Accordingly, his claims regarding good time credits and parole have become moot. As for the denial of his motion to withdraw his guilty plea, such matters can generally be addressed on direct appeal. Accordingly, the single justice was correct to deny Pierce relief under G. L. c. 211, § 3. See *Semedo*v. *Commonwealth,*429 Mass. 1006, 1006 (1999) (petitioner not entitled to relief under G. L. c. 211, § 3, from denial of motions to withdraw guilty pleas where he could have appealed directly to Appeals Court).

*Judgment affirmed.*
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 Annual Report of BMC Stock Holdings, Inc. (the “Company”) on Form 10-K for the year ended December 31, 2015, as filed with the Securities and Exchange Commission (the “Report”), I, James F. Major, Jr., Executive Vice President, Chief Financial Officer and Treasurer of the Company, certify pursuant to 18 U.S.C. §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 results of operations of the Company.

Date: March 15, 2016


/s/ James F. Major, Jr. James F. Major, Jr. Executive Vice President, Chief  Financial Officer and Treasurer (principal financial officer)


A signed original of this written statement required by Section 906 has been provided to BMC Stock Holdings, Inc. and will be retained by BMC Stock Holdings, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Unassociated Document




Exhibit 10.2







First Amendment


Franklin Financial Corporation Employment Agreement


(Richard T. Wheeler, Jr.)







WHEREAS, Franklin Financial Corporation, (the “Company”), has previously entered into an employment agreement (the “Agreement”) with Richard T. Wheeler, Jr. (the “Executive”); and







WHEREAS, the Company and the Executive have determined that a modification to the Agreement is necessary and appropriate, and desire to enter into this First Amendment (the “Amendment”) on the terms and conditions set forth herein.







NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Company and the Executive hereby amend Section 5.1, effective as of the Effective Date of the Agreement (as defined therein),  to read as follows:







“5.1           Change in Control Benefits. If a Change in Control occurs during the term of this Agreement and, thereafter, the Executive’s employment terminates involuntarily but without Cause or if the Executive voluntarily terminates employment with Good Reason, the Company shall make or cause to be made a lump-sum payment to the Executive in an amount in cash equal to three (3) times the Executive’s average annual compensation.  For this purpose, average annual compensation means the Executive’s average annual taxable income reported by the Company (or any affiliate of the Company) for the five (5) calendar years immediately preceding the calendar year in which the Change in Control occurs, provided, however, that such average annual taxable income shall not include any amount reported in the Executive’s Corrected Wage and Tax Statement on Form W-2c, Box 11, relating to distributions received by the Executive from the 2001 Amended and Restated Franklin Federal Savings Bank Deferred Compensation Plan for Directors and Senior Officers.  The payment required under this paragraph is payable no later than five (5) business days after the Executive’s termination of employment.  If the Executive receives payment under Section 5.1, the Executive shall not be entitled to any additional severance benefits under Section 4.1 of this Agreement.  In addition to the cash severance benefit provided for under this Section 5.1, the Company shall provide the Executive with the post-termination insurance coverage described in Section 4.2(a) of this Agreement, subject to the provisions of Section 4.2(b) of this Agreement.”







*     *     *     *     *







In all other respects, the parties hereby ratify and affirm the terms of the Agreement.






  





  











  








IN WITNESS WHEREOF, the Company has caused this Amendment to be executed by duly authorized officers, and the Executive has signed this Amendment, as of the 21 day of December, 2011.








	  	
FRANKLIN FINANCIAL CORPORATION


	  	  
	  	
By:

	
/s/ Elizabeth W. Robertson


	  	  
	  	
/s/ Richard T. Wheeler, Jr.


	  	
Richard T. Wheeler, Jr.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the Balance
Sheet at September 30, 1996 (Unaudited) and the Statement of Operations for the
Nine Months Ended September 30, 1996 (Unaudited) and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                         228,264
<SECURITIES>                                         0
<RECEIVABLES>                                  128,122
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               356,386
<PP&E>                                       2,244,628
<DEPRECIATION>                               1,553,479
<TOTAL-ASSETS>                               1,049,004
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   1,049,004
<TOTAL-LIABILITY-AND-EQUITY>                 1,049,004
<SALES>                                        360,059
<TOTAL-REVENUES>                               366,249
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               136,389
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                229,860
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            229,860
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   229,860
<EPS-PRIMARY>                                    32.87
<EPS-DILUTED>                                    32.87
        

</TABLE>
# Fourth Court of Appeals

**San Antonio, Texas**

July 18, 2019

No. 04

- 18

- 00522

- CV

IN THE MATTER OF THE ESTATE OF HUGH BOB SPILLER

,

From the County Court, Menard County, Texas

Trial Court No. 2013

- 02059A

Honorable Joe Loving, Jr., Judge Presiding



### ORDER

The A ppellee ’ s Motion to Ex pedite Mandate is DENIED.

_________________________________ Rebeca C. Martinez, Justice

I N WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 18th day of July, 2019

.

___________________________________ KEITH E. HOTTLE

, Clerk of C ourt
III 

114TH CONGRESS 

1ST SESSION S. RES. 11 

Electing Frank Larkin as Sergeant at Arms and Doorkeeper of the Senate. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 6, 2015 

Mr. MCCONNELL submitted the following resolution; which was considered 

and agreed to 

RESOLUTION 

Electing Frank Larkin as Sergeant at Arms and Doorkeeper 

of the Senate. 

1 Resolved, That Frank J. Larkin of Maryland be, and 

2 he is hereby, elected Sergeant at Arms and Doorkeeper 

3 of the Senate. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Balance Sheet at March 31, 1997 (Unaudited) and the Statement of Operations
for the Three Months Ended March 31, 1997 (Unaudited) and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          45,105
<SECURITIES>                                         0
<RECEIVABLES>                                  129,304
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               174,409
<PP&E>                                       2,150,198
<DEPRECIATION>                                 545,000
<TOTAL-ASSETS>                               1,786,270
<CURRENT-LIABILITIES>                            4,650
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   1,781,620
<TOTAL-LIABILITY-AND-EQUITY>                 1,786,270
<SALES>                                        102,088
<TOTAL-REVENUES>                               108,691
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                64,065
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 44,626
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             44,626
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    44,626
<EPS-PRIMARY>                                     6.67
<EPS-DILUTED>                                     6.67
        

</TABLE>
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JU NE 30, 2016

NO. 03

- 14

- 00596

- CR

Erica Marie Moreno, Appellant

v.

The State of Texas, Appellee

APPEAL FROM COUNTY COURT AT LAW NO. 7 OF TRAVIS COUNTY

BEFORE CHIEF JUSTICE ROSE, JUSTICES GOODWIN AN D BOURLAND

AFFIRMED

-- OPINION BY JUSTICE GOODWIN

This is an appeal from the judgment of conviction entered by the trial court. Having reviewed

the record and the parties’ arguments, the Court holds that there was no reversible error in the

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

conviction

. The appell ant shall pay all costs relating to this appeal, both in this Court and in the

court below.