alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND> This schedule contains summary financial information extracted from 
the registrant's financial statements as of and for the period ended April 30, 
1997 and is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                         APR-30-1997
<PERIOD-START>                            MAY-01-1996
<PERIOD-END>                              APR-30-1997
<CASH>                                        948,280 
<SECURITIES>                                        0 
<RECEIVABLES>                               7,553,651 
<ALLOWANCES>                                  446,000 
<INVENTORY>                                   785,011 
<CURRENT-ASSETS>                            9,486,196       
<PP&E>                                      8,878,544      
<DEPRECIATION>                              4,921,580    
<TOTAL-ASSETS>                             16,494,526      
<CURRENT-LIABILITIES>                       8,354,071    
<BONDS>                                             0  
<PREFERRED-MANDATORY>                               0 
<PREFERRED>                                         0 
<COMMON>                                    1,966,729 
<OTHER-SE>                                  5,633,953       
<TOTAL-LIABILITY-AND-EQUITY>               16,494,526         
<SALES>                                    15,560,721          
<TOTAL-REVENUES>                           30,826,456          
<CGS>                                       2,443,083          
<TOTAL-COSTS>                              14,603,830          
<OTHER-EXPENSES>                           14,890,838       
<LOSS-PROVISION>                               78,422      
<INTEREST-EXPENSE>                             69,293       
<INCOME-PRETAX>                             1,278,372       
<INCOME-TAX>                                (250,000)      
<INCOME-CONTINUING>                         1,528,372      
<DISCONTINUED>                                      0  
<EXTRAORDINARY>                                     0      
<CHANGES>                                           0  
<NET-INCOME>                                1,528,372 
<EPS-PRIMARY>                                     .39 
<EPS-DILUTED>                                     .39 
        

</TABLE>
Opinion filed April 20, 2017

In The

Eleventh Court of Appeals 

__________

No. 11-17-00093-CR

__________

IN RE JIMMY RAY MADRIGAL

Original Mandamus Proceeding

M E M O R A N D U M O P I N I O N

Relator, Jimmy Ray Madrigal, has filed a pro se petition for writ of mandamus 

in this court. He requests that we require Jamie Clem, the district clerk of Nolan

County, to perform ministerial duties related to Article 11.07, section 3(c) of the 

Texas Code of Criminal Procedure. TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3(c)

(West 2015). Relator asserts that Clem has failed to transmit a copy of certain 

documents as required. We dismiss Relator’s petition for want of jurisdiction.

A court of appeals has no general writ power over a person other than a judge 

of a district or county court unless issuance of the writ is necessary to enforce the 

court’s jurisdiction. See TEX. GOV’T CODE ANN. § 22.221 (West 2004). A court of 

appeals has no jurisdiction to issue a writ of mandamus against a district clerk unless 
2

necessary to enforce the jurisdiction of the court of appeals. In re Washington, 7 

S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding). Relator 

has not shown that a writ of mandamus directed to the district clerk is necessary to 

enforce our jurisdiction. Therefore, we do not have jurisdiction to issue a writ of 

mandamus against the district clerk.

Additionally, Relator references the clerk’s duties to transmit copies under 

Article 11.07, section 3(c) so that the Court of Criminal Appeals can act on Relator’s 

writ of habeas corpus. We have no jurisdiction to grant the relief requested by 

Relator with respect to a pending Article 11.07 writ. See Padieu v. Court of Appeals 

of Tex., Fifth Dist., 392 S.W.3d 115, 117–18 (Tex. Crim. App. 2013) (indicating that 

the Texas Court of Criminal Appeals has exclusive jurisdiction when an Article 

11.07 application is pending). We have no authority to issue writs of mandamus in 

criminal law matters pertaining to proceedings under Article 11.07. In re McAfee, 

53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).

Should an applicant find it necessary to complain about the processing of an Article 

11.07 application for writ of habeas corpus, the applicant may seek mandamus relief 

from the Court of Criminal Appeals. See Benson v. Dist. Clerk, 331 S.W.3d 431 

(Tex. Crim. App. 2011). 

Relator’s petition for writ of mandamus is dismissed for want of jurisdiction. 

PER CURIAM

April 20, 2017

Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Wright, C.J.,

Willson, J., and Bailey, J.
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

_____________ No. 98-1220MN

_____________ United States of America, * * Appellee, * Appeal from the United States

* District Court for the District v. * of Minnesota. * Jose Antonio Caban, * [UNPUBLISHED] * Appellant. *

_____________ Submitted: October 23, 1998

Filed: October 28, 1998

_____________ Before FAGG, ROSS, and BEAM, Circuit Judges.

_____________ PER CURIAM. Jose Antonio Caban appeals his convictions for conspiracy to distribute and to possess wit h intent to distribute cocaine and methamphetamine, and the use of a telephone in furtherance of drug trafficking. See 21 U.S.C. §§ 846 & 841(b)(1)(B ) (1994); 21 U.S.C. § 843(b) (1994). Caban contends the district court abused it s discretion when it admitted a police videotape showing him negotiating a cocain e transa ctionwith undercover officers in 1993. We disagree. Caban’s defens e challeng ed the mental element of the crimes charged in the indictment, so th e Government

had to prove Caban’s state of mind. See United States v. Thomas , 5 8 F.3d 1318, 1322 (8th Cir. 1995). Thus, the district court properly admitted the-2-

videota pe to show Caban’s knowledge and intent and the tape’s probative valu e substantially outweighed the danger of unfair prejudice. See Fed. R. Evid. 404(b) ; United State s v. Edwards , 91 F.3d 1101, 1103-04 (8th Cir. 1996). Caban als o contends the prosecutor improperly insinuated Caban was a dangerous p erson when the pros ecutor

in his opening statement told the jury its decision making was limite d because charges against other persons had been disposed of, and the jury did not “have to worry about those [other] p eople anymore.” Caban further argues that even though hi s counsel stated he had no objection to the document, the district court erroneously admitted Caban’s earlier misdemeanor convictio n into evidence. Finally, despite other evidence that Caban was a large-scale drug operator, Caban contends th e Government’s final witness improperly refer red to Caban as a drug dealer. In all three circumstances, Caban failed to object, so wereview for plain error and find none. See United States v. Guerra , 113 F.3d 809, 816-17 (8th Cir. 1997).
We affirm Caban’s convictions.

A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit 32.0

# ANTARES PHARMA, INC.

# CERTIFICATION OF CHIEF
EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)

Each
of the undersigned, Jack E. Stover and Lawrence M. Christian, the Chief Executive Officer
and the Chief Financial Officer, respectively, of Antares Pharma, Inc. (the
Company), individually and not jointly has executed this Certification in
connection with the filing with the Securities and Exchange Commission of the
Companys Quarterly Report on Form 10-Q for the fiscal quarter ended September 30, 2005
(the Report).

Each
of the undersigned hereby certifies 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.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------

IN
WITNESS WHEREOF, each of the undersigned has executed this Certification as of the 14th
day of November, 2005.

| | /s/ Jack E. Stover

Jack E. Stover
President and Chief Executive Officer                                        
| | ----------------------------------------------------------------------------------------------------------------
| | /s/ Lawrence M. Christian

Lawrence M. Christian
Vice President - Finance, Secretary and
Chief Financial Officer
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We have issued our report dated March 31, 2010,with respect to the consolidated financial statements and schedule included inthe Annual Report of Canterbury Park Holding Corporation on Form 10-K forthe year ended December 31, 2009. We hereby consent to the incorporation by reference of said report inthe Registration Statements of Canterbury Park Holding Corporation on Forms S-8(File No. 333-120377 effective November 10, 2004, File No. 333-97537effective August 1, 2002, File No. 333-97533 effective August 1,2002, File No. 333-34509 effective August 28, 1997, File No. 333-91591effective November 24, 1999, File No. 333-150037 effective April 2,2008, File No. 33-96582 effective September 6, 1995 and File No. 33-96580effective September 6, 1995).

 
| Grant  Thornton LLP     |   |
|-------------------------|--------|
|                    |   |
| /s/  Grant Thornton LLP |   |
| Minneapolis,  Minnesota |   |
| March 31,  2010    |   |

 

----
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE CON-
SOLIDATED  BALANCE SHEET AND THE  CONSOLIDATED  STATEMENT OF  OPERATIONS  AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                   1
<CURRENCY>                                     US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-START>                                 JAN-01-1996
<PERIOD-END>                                   SEP-30-1996
<EXCHANGE-RATE>                                      1
<CASH>                                         143,644
<SECURITIES>                                         0
<RECEIVABLES>                                  279,892
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               671,293
<PP&E>                                      53,667,996
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              60,964,464
<CURRENT-LIABILITIES>                        3,553,005
<BONDS>                                              0
<PREFERRED-MANDATORY>                           38,979
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  39,661,074
<TOTAL-LIABILITY-AND-EQUITY>                60,964,464
<SALES>                                     17,121,567
<TOTAL-REVENUES>                            17,121,567
<CGS>                                                0
<TOTAL-COSTS>                               15,170,375
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             202,557
<INCOME-PRETAX>                              1,748,635
<INCOME-TAX>                                   673,224
<INCOME-CONTINUING>                          1,075,411
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,075,411
<EPS-PRIMARY>                                     0.28
<EPS-DILUTED>                                     0.28
        

</TABLE>
Exhibit 21.1



SUBSIDIARIES OF ALABAMA NATIONAL



|                                               |  |                      
|---------------------------------------------- |  | ---------------------
|Name of Subsidiary                             |  | State of Organization
|First American Bank                            |  | Alabama              
|NBC Securities, Inc.                           |  | Alabama              
|NBC Investments, Inc.                          |  | Nevada               
|NBC Joint Ventures, Inc.                       |  | Alabama              
|Corporate Billing, Inc.                        |  | Alabama              
|FAB Investments, Inc.                          |  | Nevada               
|ANB Insurance Services, Inc.                   |  | Alabama              
|Bill Eyerly Insurance, Inc                     |  | Florida              
|Bank of Dadeville                              |  | Alabama              
|TBD Investments, Inc.                          |  | Nevada               
|Ashland Insurance, Inc.                        |  | Alabama              
|Alabama Exchange Bank                          |  | Alabama              
|Tuskegee Loan Company, Inc.                    |  | Alabama              
|AEB Investments, Inc.                          |  | Nevada               
|First Gulf Bank .                              |  | Alabama              
|First Citizens Bank                            |  | Alabama              
|Clay County Finance Company, Inc.              |  | Alabama              
|FCB Investments, Inc.                          |  | Nevada               
|Citizens & Peoples Bank, National Association  |  | National Bank        
|Public Bank                                    |  | Florida              
|Georgia State Bank                             |  | Georgia              
|GEO Investments, Inc.                          |  | Nevada               
|Community Bank of Naples, National Association |  | National Bank        
|CBN Investments, Inc.                          |  | Nevada               
|Millennium Bank                                |  | Florida              
|CypressCoquina Bank                            |  | Florida              
|Indian River National Bank                     |  | National Bank        
|Indian River Title Company, LLC                |  | Florida              
|IRNB Insurance Services LLC                    |  | Florida              
|Alabama National Statutory Trust I             |  | Connecticut          
|Alabama National Statutory Trust II            |  | Connecticut          
|Alabama National Statutory Trust III           |  | Connecticut          
|Indian River Capital Trust I                   |  | Delaware
Exhibit 99.2

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 Quarterly Report of Sunterra Corporation on Form 10-Q for
the period ending March 31, 2002 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Lawrence E. Young, Vice
President and Chief Financial Officer, certify, pursuant to 18 U.S.C. ss.1350,
as adopted pursuant to ss.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.

/s/ Lawrence E. Young
------------------------------
August 14, 2002
**Exhibit 32.2****Certification Pursuant to 18 U.S.C. Section 1350, As Adopted Pursuant to Section 906 of theSarbanes-Oxley Act of 2002**In connection with the Quarterly Report of Boykin Lodging Company (the “Company”) on Form 10-Q forthe quarter ended September 30, 2005 as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Shereen P. Jones, Executive Vice President, Chief Financial andInvestment Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto 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 theSecurities Exchange Act of 1934; and (2) The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.       /s/ Shereen P. Jones       Shereen P. Jones      Executive Vice President, Chief Financial and Investment Officer      November 8, 2005
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

N.B., the mother,

Appellant,

v.

DEPARTMENT OF CHILDREN & FAMILIES,

and GUARDIAN AD LITEM PROGRAM,

Appellee.

No. 4D18-565

[June 19, 2018]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; John A. Frusciante, Judge; L.T. Case No. 2016DP000202.

Thomas J. Butler of Thomas Butler, P.A., Miami, for appellant.

Andrew Feigenbaum of Children's Legal Services, West Palm Beach, for 

appellee Department of Children and Families. 

Laura J. Lee, Tallahassee for appellee Guardian ad Litem Program. 

PER CURIAM.

Affirmed.

DAMOORGIAN, LEVINE and KUNTZ, JJ., concur. 

* * *

Not final until disposition of timely filed motion for rehearing.
Dismiss and Opinion Filed August 2, 2023

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-23-00211-CV

RONNIE WADE AND CAROLYN WADE, Appellants

V.

BRECKENRIDGE PROPERTY FUND 2016, LLC, Appellee

On Appeal from the County Court at Law No. 2

Dallas County, Texas

Trial Court Cause No. CC-22-05861-B

MEMORANDUM OPINION

Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III

Opinion by Justice Molberg

The only issue in this forcible detainer appeal is whether the trial court 

properly determined appellee had a superior right of possession to certain property 

occupied by appellants. See Marshall v. Housing Auth. of City of San Antonio, 198 

S.W.3d 782, 785, 787 (Tex. 2006). By verified motion, appellee informs the Court 

that appellants are no longer in possession of the property and urges we dismiss the 

appeal because the case has become moot. See Olley v. HVM, L.L.C., 449 S.W.3d 

573, 575 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (appellate courts lack 

jurisdiction over moot controversies). Appellee also asks we award it attorney’s fees 
–2–

and costs. Although appellee’s motion has been on file for more than ten days, 

appellants have not filed a response or otherwise refuted appellee’s contention. 

Unless a tenant has “a potentially meritorious claim of right to current, actual 

possession of the property,” the issue of possession in a forcible detainer action 

becomes moot when the tenant vacates the property. See Marshall, 198 S.W.3d at 

782. When the issue becomes moot on appeal and no other issues exist, the appellate 

court must vacate the underlying judgment and dismiss the entire underlying case. 

See id. at 785, 790.

We deny appellee’s motion to the extent appellee requests attorney’s fees and 

costs, but, with nothing before us showing appellants have a potentially meritorious 

claim of right to current possession of the property, we grant the motion to the extent 

appellee asserts the case has become moot. We vacate the trial court’s final 

judgment and dismiss the case. See Marshall, 198 S.W.3d at 785, 790. 

230211f.p05

/Ken Molberg//

KEN MOLBERG

JUSTICE
–3–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

RONNIE WADE AND CAROLYN 

WADE, Appellants

No. 05-23-00211-CV V.

BRECKENRIDGE PROPERTY 

FUND 2016, LLC, Appellee

On Appeal from the County Court at 

Law No. 2, Dallas County, Texas

Trial Court Cause No. CC-22-05861-

B.

Opinion delivered by Justice 

Molberg, Chief Justice Burns and 

Justice Pedersen, III participating.

In accordance with this Court’s opinion of this date, we VACATE the trial 

court’s March 6, 2023 final judgment and DISMISS the case.

Judgment entered this 2

nd day of August 2023.
#### James M. BOONE, Plaintiff-Appellant v. SCOOTER STORE; Abulla Aema, Defendants-Appellees.

No. 10-30741

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

March 16, 2011.

James M. Boone, Knoxville, TN, pro se.

Before DENNIS, CLEMENT, and ELROD, Circuit Judges.

PER CURIAM: *

James M. Boone seeks leave to proceed in forma pauperis (IFP) in his appeal from the district court’s denial of his request to proceed IFP in the instant suit, which is based on diversity of citizenship. Boone insists that the district court erred by denying his IFP motion because he is impecunious. Boone’s arguments are insufficient to show that he will raise a non-*322frivolous issue on appeal. *See Carson v. Polley,*689 F.2d 562, 586 (5th Cir.1982). Consequently, his IFP motion is DENIED, and this appeal is DISMISSED as frivolous. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
CONSENT OF INDEPENDENT AUDITORS


We consent to the  incorporation by reference in (a) the Registration  Statement
on Form S-8 (No. 333-82959) of Vizacom,  Inc. (the "Company")  pertaining to the
Company's  1994  Long  Term  Incentive  Plan,  (b)  the  Company's  Registration
Statement  on Form S-8  (No.  333-82951)  pertaining  to the  Company's  Outside
Director and Advisor Stock Option Plan, (c) the Company's Registration Statement
on Form S-8 (No. 333-19059) pertaining to Software Publishing Corporation's 1987
Stock Option Plan, Software Publishing  Corporation's 1989 Stock Option Plan and
Software  Publishing  Corporation's  1991 Stock Option Plan,  (d) the  Company's
Registration  Statement  on Form S-3 (No.  333-55677)  pertaining  to  2,107,712
shares of the Company's  Common Stock and 29,267  options to purchase  shares of
the Company's Common Stock, (e) the Company's Registration Statement on Form S-3
(No. 333-80181) pertaining to 3,375,877 shares of the Company's Common Stock and
167,052  warrants to purchase  shares of the Company's  Common Stock and (f) the
Company's  Registration  Statement  on Form S-3 (No.  333-93087)  pertaining  to
1,938,191  shares of the Company's  Common Stock,  of our report dated March 27,
2000 with respect to our audit of the  financial  statements  of the Company and
our report  dated  March 20,  2000 with  respect  to our audit of the  financial
statements of Renaissance  Computer Art Center,  Inc., included in the Company's
Annual  Report on Form 10-KSB for the year ended  December 31, 1999,  filed with
the Securities and Exchange Commission.

Our report dated March 27, 2000  with  respect  to  our  audit  of the financial
statements of the Company  contains  an explantory paragraph regarding a Federal
income tax matter described in Note 8 to the financial statements.

                                        /s/ Richard A. Eisner & Company, LLP
                                        Richard A. Eisner & Company, LLP

New York, New York
April 14, 2000