alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Petition for Writ of Mandamus Denied and Memorandum Opinion filed July

23 , 2013.

In The



## Fourteenth Court of Appeals

NO. 14
- 13
- 00590
- CR NO. 14
- 13
- 00591
- CR NO. 14
- 13
- 0059 2
- CR

IN RE DAVID A. PEREZ , Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 178th District Court Harris County, Texas Trial Court Cause No s . 1248823 , 1249065 & 1323866

MEMORANDUM OPINION On July 10, 2013, relator filed a petition for writ of m andamus in this Court. See Tex. Gov’t Code Ann. §22.221 (Vernon 2004); see also Tex. R. App. P. 52. In the petition, relator complains The Honorable Shawna L. Reagin, presiding judge of the 176th District Court of Harris County, Texas, has failed to rule on his motion for judgment nunc pro tu nc.2

To be entitled to mandamus relief in a criminal case, a relator must show that he has no adequate remedy at law to redress his alleged harm, and what he seeks to compel is a ministerial act, not involving a discretionary or judicial decision. State ex rel. Young v. Sixth Judicial Dist. Court of Appeals at Texarkana , 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding). When a motion is properly filed and pending before a trial court, the act of considering and resolving it is ministerial, not discretionary. Ex parte Bates, 65 S.W.3d 133, 134

– 35 (Tex. App.

— Amarillo 2001, orig. proceeding). This court is empowered to compel by writ of mandamus a district court to consider and rule on properly filed pending motions if (1) relator has asked the tr ial court to rule, and (2) the trial court either refused to rule or failed to rule within a reasonable time. See Barnes v. State, 832 S.W.2d 424, 426, 427 (Tex. App.

— Houston [1st Dist.] 1992, orig. proceeding); Von Kolb v. Koehler, 609 S.W.2d 654, 655

- 56 (Tex. Civ. App.

— El Paso 1980, no writ). There is no bright

- line rule establishing a reasonable time period. Ex parte Bates, 65 S.W.3d at 135. Some of the factors involved in the determination include the trial court’s actual knowledge of the motion, any ov ert refusal to act on it, and the state of the trial court's docket. See id. (citing Stoner v. Massey, 586 S.W.2d 843, 846 (Tex.1979)). A relator has the burden of providing this court with a sufficient record to establish his right to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex.1992) (orig. proceeding); see Tex. R. App. P. 52.3, 52.7. In this case, the motion relator claim s was filed in the trial court do es not reflect a file

- stamp from the 1 76th District Court and therefore do es not d emonstrate the motion is actually pending in the trial court. Absent a showing the3

motion w as filed and the trial court is aware of the motion , relator has not established his entitlement to the extraordinary relief of a writ of mandamus. Accordingly, we d eny relator’s petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Boyce, Jamison , and Busby. Do Not Publish

- Tex. R. App. P. 47.2(b)
Exhibit 32.2

Certification of
Chief Financial Officer of
Gold Banc Corporation, Inc.

I, Rick J.
Tremblay, Chief Financial Officer of Gold Banc Corporation, Inc., hereby certify, in
accordance with 18 U.S.C. §1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

| | (a.) | The
Quarterly Report on Form 10-Q for the  quarterly period ended June 30, 2005, which
accompanies this certification, fully complies with the  requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | (b.) | The
information contained in the Quarterly  Report on Form 10-Q for the quarterly period
ended June 30, 2005, which accompanies this certification, fairly  presents, in all
material respects, the financial condition and results of operations of Gold Banc
Corporation, Inc.
| | ---- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: August 8, 2005.

| | By:                                     | /s/ RICK J. TREMBLAY | 
| | --------------------------------------- | -------------------- | 
| | Rick J. TremblayChief Financial Officer |
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
TEPPCO Partners, L.P. (the “Company”) on Form 10-K for the year ended December
31, 2008 (the “Report”), as filed with the Securities and Exchange Commission on
the date hereof, I, Tracy E. Ohmart, Acting Chief Financial Officer of Texas
Eastern Products Pipeline Company, LLC, the general partner of the Company,
certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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,
as amended; and





2. The information contained in the
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.








/s/  TRACY E.
OHMART


Tracy E.
Ohmart


Acting
Chief Financial Officer


Texas
Eastern Products Pipeline Company, LLC, General Partner





March 2,
2009








A signed
original of this written statement required by Section 906 has been provided to
TEPPCO Partners, L.P. and will be retained by TEPPCO Partners, L.P. and
furnished to the Securities and Exchange Commission or its staff upon
request.
exv10wx






Exhibit 10(x)




Description of Non-Employee Director Equity Compensation Program

(Effective January 1, 2011)



Stock Awards





	 	•	 	Award Value:






	 	o	 	Each non-employee director elected at the Company’s
annual meeting of stockholders shall automatically be granted, as of the
date of such meeting, under the Long-Term Incentive Compensation Plan
(LTICP), an award of Company common stock having an award value of
$140,000.
	 
	 	o	 	A non-employee director who joins the Board effective
as of any other date shall automatically be granted, as of such other
date, under the LTICP, an award of Company common stock having an award
value based on the full-year award value of $140,000 prorated to reflect
the number of months (rounded up to the next whole month) remaining until
the next annual meeting of stockholders; provided, however, that if the
New York Stock Exchange (NYSE) is not open on the day such director joins
the Board, the award shall be granted as of the next following day on
which the NYSE is open.






	 	•	 	Number of Shares Subject to Award: The number of shares of Company common
stock subject to an award shall be determined by dividing the award value by the
NYSE-only closing price of Company common stock on the date of grant (rounded up to
the nearest whole share).
	 
	 	•	 	Vesting: The stock awards shall vest in full immediately upon grant.
	 
	 	•	 	Deferral: Non-employee directors may elect to defer receipt of their stock
awards in accordance with the terms and conditions of the Company’s Directors Stock
Compensation and Deferral Plan.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

EX PARTE: ANTONIO JOSE ADAME,

 

 Appellant.

§

§

§

§

§

§

§

No. 08-18-00082-CR

Appeal from the

409th District Court

of El Paso County, Texas 

(TC# 20060D00063-409-1)

O R D E R

The Court GRANTS the Appellant’s third motion for extension of time within which to 

file the brief until October 4, 2018. NO FURTHER MOTIONS FOR EXTENSION OF TIME 

TO FILE THE APPELLANT’S BRIEF WILL BE CONSIDERED BY THIS COURT.

It is further ORDERED that the Hon. Stephen W. Spurgin, the Appellant’s attorney, 

prepare the Appellant’s brief and forward the same to this Court on or before October 4, 2018.

IT IS SO ORDERED this 30th day of August., 2018.

PER CURIAM

Before McClure, C.J., Rodriguez and Palafox, JJ.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND> This schedule contains summary financial information extracted from
the financial statements of Worldport Communications, Inc. for year ended
12/31/1999 and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                         DEC-31-1999
<PERIOD-START>                            JAN-01-1999
<PERIOD-END>                              DEC-31-1999
<CASH>                                          1,149
<SECURITIES>                                        0
<RECEIVABLES>                                   1,485
<ALLOWANCES>                                      359
<INVENTORY>                                        34
<CURRENT-ASSETS>                                2,309
<PP&E>                                            166
<DEPRECIATION>                                     21
<TOTAL-ASSETS>                                104,288
<CURRENT-LIABILITIES>                         183,749
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                            3
<OTHER-SE>                                   (83,482)
<TOTAL-LIABILITY-AND-EQUITY>                  104,288
<SALES>                                             0
<TOTAL-REVENUES>                               85,967
<CGS>                                               0
<TOTAL-COSTS>                                  57,438
<OTHER-EXPENSES>                               62,021
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                             52,076
<INCOME-PRETAX>                             (122,866)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                         (121,021)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                (121,021)
<EPS-BASIC>                                    (6.93)
<EPS-DILUTED>                                  (6.93)


</TABLE>
#### UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. Manuel W. JAMES, Defendant-Appellee, Cross-Appellant.

No. 82-6043.

United States Court of Appeals, Eleventh Circuit.

July 5, 1985.

Kenneth W. Sukhia, Asst. U.S. Atty., Tallahassee, Fla., Mervyn Hamburg, U.S. Dept, of Justice, Washington, D.C., for plaintiff-appellant cross-appellee.

Ronald A. Dion, N. Miami Beach, Fla., Lerman & Denker, Paul A. Lehrman, Tallahassee, Fla., for Manuel James.

*1381ON PETITION FOR REHEARING

Before HENDERSON and CLARK, Circuit Judges, and ATKINS *, District Judge.

*

 Honorable C. Clyde Atkins, U.S. District Judge for the Southern District of Florida, sitting by designation.

PER CURIAM:

The petition for rehearing filed by the United States, plaintiff-appellant is GRANTED. The opinion of the panel filed January 2, 1985, 749 F.2d 676, is hereby VACATED and WITHDRAWN in its entirety.

The judgment of the district court is AFFIRMED on the basis of the opinion of the district court entered October 8, 1982.

No member of this panel nor judge in regular active service on the Court has requested that the Court be polled on rehearing en banc (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 26). The Suggestion for Rehearing En Banc is DENIED.
<PAGE>

Exhibit 32.1

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
           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 Telex Communications Intermediate
Holdings, LLC and Telex Communications, Inc. (collectively, the "Company") on
Form 10-K for the year ended December 31, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the "Periodic Report"), Raymond V.
Malpocher, as Chief Executive Officer of the Company, and Gregory W. Richter, as
Chief Financial Officer of the Company, each hereby certifies, 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 his knowledge:

      (1)   The Periodic 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 Periodic Report fairly presents, in
            all material respects, the financial condition and results of
            operations of the Company as of December 31, 2004.

/s/ Raymond V. Malpocher
-------------------------
Raymond V. Malpocher
President and Chief Executive Officer
Dated: March 24, 2005

/s/ Gregory W. Richter
-----------------------
Gregory W. Richter
Vice President and Chief Financial Officer
Dated: March 24, 2005
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

	NO. 2-005-113    409-3-054-CV

THE CADLE COMPANY ANDVeErRnNoOnN WhHiIpPpPlLeE PaAtTrRiIcCkK D. ViInNsSoOnN aAnNdD KiIdDsS 'R' KiIdDsS InNtTeErRnNaAtTiIoOnNaAlL, InNcC.	APPELLANTSS

KIDS 'R' KIDS INTERNATIONAL, INC.

DANIEL C. CADLEVernon Whipple

	V.

DAVID B. LOBINGIER AND THER2 EeEnNtTeErRpPrRiIsSeEsS, IiInNcC. aAnNdD TtTeEdD RrReEeEvVeEsS PrRoOgGrReEsSsSiIvVeE ChHiIlLdD CaArReE SyYsStTeEmMsS, InNcC., Karry L. Dunn and Heather Dunn	APPELLEESS

KaArRrRyY L. DuUnNnN aAnNdD HeEaAtThHeErR DuUnNnN

STATE OF TEXAS

	----------

	FROM THE 48TH 158TH        211TH211TH DISTRICT 158TH DISTRICT COURT OF  DENTON           DENTON TARRANT COUNTY

	----------

	MEMORANDUM OPINION1 AND JUDGMENT

	----------

	We have considered the “aapAAappellant’s Joint “First Amended   Withdrawal Of Notice oOf Appeal. “Motion to Dismiss for Mootness.”    Appeal Due To Settlement.”  It is the court'’s opinion that the motion should be granted; therefore, we dismiss the appeal.  See TEX. R. APP. P. 42.1(a)(21), 43.2(f).

	aPPELLANTAppellant shalls pay all costs of this appeal Costs of the appeal shall be paid by the party incurring the same, for which let execution issue.

								PER CURIAM

PANEL DMDD:	  HOLMAN, GARDNER, and WALKER, JJ.m

MCCOY, J.; CAYCE, C.J.; and LIVINGSTON, LIVINGSTON, DAUPHINOT, and GARDNER, JJ.

DELIVERED: June 2430, 2005December 31, 2003  dECEMBERDecember 22, 2005January 5, 2006
**Exhibit 32.1**

**CERTIFICATIONS 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 Protein Polymer Technologies, Inc. (the “Company”) on Form 10-KSB/A for the period ended December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:

(1)  The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2)  The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.

/s/ William N. Plamondon, III

William N. Plamondon, III

Chief Executive Officer

April 28, 2006

In connection with the Annual Report of Protein Polymer Technologies, Inc. (the “Company”) on Form 10-KSB/A for the period ended December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:

(1)  The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2)  The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.

/s/ Janis Y. Neves            

Janis Y. Neves

Director of Finance and Assistant Secretary

April 28, 2006
I 

112TH CONGRESS 

1ST SESSION H. R. 2901 

To amend the Internal Revenue Code of 1986 to extend increase the 

rehabilitation credit applicable to Heartland disaster relief. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 13, 2011 

Mr. BRALEY of Iowa introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to extend 

increase the rehabilitation credit applicable to Heartland 

disaster relief. 

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 ‘‘Rebuilding Commu5 nities Act of 2011’’. 

6 SEC. 2. EXTENSION OF INCREASE IN REHABILITATION 

7 CREDIT APPLICABLE TO HEARTLAND DIS8 ASTER RELIEF. 

9 (a) IN GENERAL.—Subparagraph (B) of section 

10 702(d)(5) of the Heartland Disaster Tax Relief Act of 


emcdonald on DSK5VPTVN1PROD with BILLS
2 

•HR 2901 IH

1 2008 (relating to increase in rehabilitation credit) is 

2 amended by striking ‘‘December 31, 2011’’ and inserting 

3 ‘‘December 31, 2014’’. 

4 (b) EFFECTIVE DATE.—The amendment made by 

5 subsection (a) shall take effect on the date of the enact6 ment of this Act. 

Æ 


emcdonald on DSK5VPTVN1PROD with BILLS
Specimen certificate for shares of the Registrant's Series C Common Stock




	
	Exhibit 4.3
	 


 

 

  
 INCORPORATED
UNDER THE LAWS 
 OF THE STATE OF DELAWARE 

C LIBERTY GLOBAL, INC. 
 SERIES C COMMON STOCK 
 THIS CERTIFICATE IS
TRANSFERABLE IN 
 CANTON, MA, JERSEY CITY, NJ AND NEW YORK, NY 

CUSIP 530555 30 9 
 SEE REVERSE FOR CERTAIN DEFINITIONS 
 THIS
CERTIFIES that 
 is the owner of 
 FULLY PAID AND NON-ASSESSABLE SHARES OF THE SERIES C COMMON STOCK, PAR VALUE $.01 PER SHARE, OF 
 LIBERTY GLOBAL, INC. 
 (hereinafter called the
“Corporation”) transferable on the books of the Corporation by the holder hereof, in person or by duly authorized attorney, upon surrender of this Certificate properly endorsed. This Certificate is not valid unless countersigned by the
Transfer Agent and registered by the Registrar. 
 WITNESS the facsimile seal of the Corporation and the
facsimile signatures of its duly authorized officers. 
 Dated: 

CHIEF EXECUTIVE OFFICER 
 LIBERTY GLOBAL, INC. 
 CORPORATE SEAL 

[ DELAWARE ] 
 SECRETARY 
 COUNTERSIGNED AND REGISTERED:

 EQUISERVE TRUST COMPANY, N.A. 
 TRANSFER AGENT AND REGISTRAR 
 BY 

AUTHORIZED SIGNATURE
B. G., MOTHER OF C.A.T. AND 

B.A.B.,

Appellant,

v.

FLORIDA DEPARTMENT OF 

CHILDREN AND FAMILIES,

Appellees.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D16-4097

_____________________________/

Opinion filed April 6, 2017.

An appeal from the Circuit Court for Okaloosa County.

Mary Polson, Judge.

Jason A. Cobb, Defuniak Springs, for Appellant.

Stephanie C. Zimmerman, Department of Children and Families, Tallahassee, and 

Kelly A. Swartz, Guardian ad Litem, Sanford, for Appellee.

PER CURIAM.

AFFIRMED.

WETHERELL, BILBREY, and JAY, JJ., CONCUR.
#### UNITED STATES of America, Plaintiff—Appellee, v. Andrew Timothy JONES, Defendant—Appellant.

No. 08-6271.

United States Court of Appeals, Fourth Circuit.

Submitted: June 12, 2008.

Decided: June 26, 2008.

*276Andrew Timothy Jones, Appellant Pro Se. Keith Michael Cave, Adam Christopher Morris, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Andrew Timothy Jones seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2255 (2000) motion and his motion for reconsideration. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. *Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Jones has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*DISMISSED.*
#### STIRLING CO. v. PIERPOINT BOILER CO. et al.

(Circuit Court of Appeals, Third Circuit.

November 30, 1896.)

Appeal from the Circuit Court of the United States for the Western District of Pennsylvania.

For opinion of circuit court, see 72 Fed. 780.

Chas. Heebner and Ephraim Banning, for appellant.

Thomas W. Bakewell, for appellees.

No opinion. Cause remanded to circuit court, with instructions to grant a rehearing, and enter such order or decree as the parties may agree upon or said court consider proper, pursuant to written request and consent of counsel.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                               0
<SECURITIES>                                         1
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                           61,462
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           815
<OTHER-SE>                                    (62,276)
<TOTAL-LIABILITY-AND-EQUITY>                         1
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                   10,487
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (10,487)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (10,487)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>