alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING 

MOTION AND, IF FILED, DETERMINED 

IN THE DISTRICT COURT OF APPEAL 

OF FLORIDA 

SECOND DISTRICT 

RAYMOND C. SANTA LUCIA, Ph.D., ) 

 ) 

 Appellant, ) 

 ) 

v. ) Case No. 2D15-4901 

 ) 

FERNANDO R. DIAZ, M.D.; and ) 

FLORIDA GULF-TO-BAY ) 

ANESTHESIOLOGISTS ASSOCIATES, ) 

P.A., ) 

 ) 

 Appellees. ) 

________________________________ ) 

Opinion filed August 25, 2017. 

Appeal from the Circuit Court for 

Pinellas County; Amy M. Williams, 

Judge. 

Melissa H. Powers of The Maher Law 

Firm, P.A., Winter Park; and William E. 

Hahn of William E. Hahn, P.A., Tampa, 

for Appellant. 

Michael R. D'Lugo and Linda S. 

O'Connor of Wicker, Smith, O'Hara, 

McCoy & Ford, P.A., Orlando, for 

Appellees. 

KELLY, Judge. 

In this medical malpractice action, Raymond Santa Lucia appeals from the 

cost judgment rendered after a jury verdict in his favor. He first contends the trial court 
- 2 -

abused its discretion in excluding from the cost judgment fees for Lawrence Forman 

and Dr. Hartley Mellish, the experts who provided testimony on the specific economic 

losses he incurred as a result of his injuries. The appellees properly concede Santa 

Lucia is entitled to recover these fees to the extent he can establish the fees were 

reasonable and necessary. See Payne v. Spier, 562 So. 2d 440, 441 (Fla. 4th DCA 

1990) (holding that the plaintiff was entitled to recover reasonable expert fees for a 

rehabilitation expert and economist). 

Santa Lucia also argues the trial court erred by excluding expert witness 

fees for three physicians who testified during the trial. The trial court determined the 

doctors could not be considered experts because they had treated Santa Lucia. A 

treating doctor can be considered an expert where he provides expert opinion 

testimony. See Field Club, Inc. v. Alario, 180 So. 3d 1138, 1141 (Fla. 2d DCA 2015)

(citing Clair v. Perry, 66 So. 3d 1078, 1079 n.1 (Fla. 4th DCA 2011)). Here, as the 

appellees properly concede, the trial court erred when it found that one of the treating 

doctors, Dr. John Bach, could not be considered an expert for the purposes of awarding 

fees. Dr. Bach was listed as an expert and in fact provided expert testimony. 

Accordingly, the trial court should have allowed Santa Lucia to recover a reasonable 

expert witness fee for his testimony. We agree with the appellees, however, that the 

trial court properly determined that Santa Lucia's remaining treating doctors could not 

be considered as experts for the purposes of awarding expert fees. 

Accordingly, we reverse the final cost judgment and remand for an 

evidentiary hearing to determine the amount of reasonable fees to be awarded for 

Lawrence Forman, Dr. Mellish, and Dr. Bach. 
- 3 -

Affirmed in part; reversed in part; and remanded with directions. 

LUCAS and BADALAMENTI, JJ., Concur.
Calendar No. 655

103D CONGRESS

2D SESSION H. R. 1716

AN ACT

To amend the Act of January 26, 1915, establishVrain Creek and for other purposes. Mountain National Park and along North St. for the protection of certain lands in Rocky ing Rocky Mountain National Park, to provide

SEPTEMBER 27 (legislative day, SEPTEMBER 12), 1994

Reported without amendment
II

Calendar No. 655

103D CONGRESS

2D SESSION H. R. 1716

IN THE SENATE OF THE UNITED STATES

JULY 14 (legislative day, JULY 11), 1994

Received; read twice and referred to the Committee on Energy and Natural

Resources

SEPTEMBER 27 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. JOHNSTON, without amendment

AN ACT

To amend the Act of January 26, 1915, establishing Rocky

Mountain National Park, to provide for the protection

of certain lands in Rocky Mountain National Park and

along North St. Vrain Creek and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. NORTH ST. VRAIN CREEK AND ADJACENT

4 LANDS.

5 The Act of January 26, 1915, establishing Rocky

6 Mountain National Park (38 Stat. 798; 16 U.S.C. 191

7 and following), is amended by adding the following new

8 section at the end thereof:
2

•HR 1716 RS

1 ‘‘SEC. 5. NORTH ST. VRAIN CREEK AND ADJACENT LANDS.

2 ‘‘Neither the Secretary of the Interior nor any other

3 Federal agency or officer may approve or issue any permit

4 for, or provide any assistance for, the construction of any

5 new dam, reservoir, or impoundment on any segment of

6 North St. Vrain Creek or its tributaries within the bound7 aries of Rocky Mountain National Park or on the main

8 stem of North St. Vrain Creek downstream to the point

9 at which the creek crosses the elevation 6,550 feet above

10 mean sea level. Nothing in this subsection shall be con11 strued to prevent the issuance of any permit for the con12 struction of a new water gaging station on North St. Vrain

13 Creek at the point of its confluence with Coulson Gulch.’’.

14 SEC. 2. ENCOURAGEMENT OF EXCHANGES.

15 (a) LANDS INSIDE ROCKY MOUNTAIN NATIONAL

16 PARK.—Promptly following enactment of this Act, the

17 Secretary of the Interior shall seek to acquire by donation

18 or exchange those lands within the boundaries of Rocky

19 Mountain National Park owned by the city of Longmont,

20 Colorado, that are referred to in section 111(d) of the Act

21 commonly referred to as the ‘‘Colorado Wilderness Act of

22 1980’’ (Public Law 96–560; 94 Stat. 3272; 16 U.S.C.

23 192b–9(d)).

24 (b) OTHER LANDS.—The Secretary of Agriculture

25 shall immediately and actively pursue negotiations with

26 the city of Longmont, Colorado, concerning the city’s pro-
3

•HR 1716 RS

1 posed exchange of lands owned by the city and located

2 in and near Coulson Gulch for other lands owned by the

3 United States. The Secretary shall report to Congress 2

4 calendar years after the date of enactment of this Act,

5 and every 2 years thereafter on the progress of such nego6 tiations until negotiations are complete.

Passed the House of Representatives July 12, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.
[Federal Register Volume 67, Number 1 (Wednesday, January 2, 2002)]
[Notices]
[Page 110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-32216]


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

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act

    Under 28 CFR 50.7, notice is hereby given that on December 20, 
2001, a Consent Decree in United States, et al. v. Navajo Refining, 
Co., et al., Civil Action No. Civ-01-1422 LH/LCS, was lodged with the 
United States District Court for the District of New Mexico.
    In a complaint that was filed simultaneously with the Consent 
Decree, the United States sought injunctive relief and penalties 
against Navajo Refining Company (`Navajo'') and Montana Refining 
Company (`Montana Refining''), pursuant to section 113(b) of the Clean 
Air Act (`CAA''), 42 U.S.C. 7413(b) (1983), amended by, 42 U.S.C. 
7413(b) (Supp. 1991) for alleged CAA violations at Navajo's two 
refineries in Artesia and Lovington, New Mexico, and at Montana 
Refining's refinery in Great Falls, Montana.
    Under the settlement, Navajo and Montana Refining will implement 
innovative pollution control technologies to greatly reduce emissions 
of nitrogen oxides (`NO<INF>X</INF>'') and sulfur dioxide 
(``SO<INF>2</INF>'') from refinery process units and they will adopt 
facility-wide enhanced monitoring and fugitive emission control 
programs. In addition, Navajo and Montana Refining will pay a civil 
penalty of $400,000 for settlement of the claims in the United States' 
complaint, and Navajo will pay $350,000 for settlement of claims raised 
by the State of New Mexico in two compliance orders that New Mexico 
issued to Navajo in May and July of 2001. Navajo also will perform 
environmentally beneficial projects totaling approximately $1.4 
million. The States of New Mexico and Montana will join in this 
settlement as signatories to the Consent Decree.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States, et al., v. Navajo Refining Co., et al. D.J. Ref. 90-5-2-
1-2228/1.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 201 3rd St., NW., Suite 900, Albuquerque, New Mexico, 
87102, and at U.S. EPA Region 6, Fountain Place, 1445 Ross Avenue, 
Dallas, TX 75202. A copy of the Consent Decree may also be obtained by 
mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of 
Justice, Washington, DC 20044-7611. In requesting a copy, please 
enclose a check in the amount of $53.25 (25 cents per page reproduction 
cost) payable to the Consent Decree Library.

Robert D. Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 01-32216 Filed 12-31-01; 8:45 am]
BILLING CODE 4410-15-M
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#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: (202)434-9900TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### Bureau of Land Management 

          - [NV-930-1430-ET; N-62297] 

# AGENCY:

Bureau of Land Management, Interior. 

# ACTION:

Notice. 

# SUMMARY:

The Bureau of Land Management has canceled its withdrawal application to protect resource values and open space in southern Washoe County. 

# FOR FURTHER INFORMATION CONTACT:

Dennis J. Samuelson, BLM Nevada State Office, P.O. Box 12000, Reno, Nevada 89520, 775-861-6532. 

# SUPPLEMENTARY INFORMATION:

                    A Notice of Proposed Withdrawal was published as FR Doc. 98-18016 in the                     **Federal Register**                    , 63 FR 36937-36940, July 8, 1998, for the Bureau of Land Management to withdraw 15,757.14 acres of reserved Federal minerals from mining and 166,906.28 acres of public land from surface entry and mining, but not from sales, exchanges, recreation and public purposes, or mineral leasing to protect resource values and open space in the southern Washoe County urban, suburban, and rural residential areas. This proposed withdrawal has been superseded by a subsequent proposal.                 

The segregative effect for the lands described in the notice terminated in accordance with said notice on July 7, 2000, subject to valid existing rights, the provisions of existing withdrawals, other segregations of record, and the requirements of applicable law. 

Dated: February 1, 2001. 

Jim Stobaugh, 

Lands Team Lead. 

[FR Doc. 01-3241 Filed 2-7-01; 8:45 am] 

BILLING CODE 4310-HC-P
Return of Information and Authorization and Consent
com 1 122 of Subsidiary Corporation Included in a United States
(Rev, Ost. 1966) Consolidated Income Tax Return

U.S. Treasury Department For the year January 1-December 31, 19........, or other taxable year
Internal Revenue Service

beginning 19. and ending ___ = 19.
Please Type or Print

Name

Number and street

City or town, State, and ZIP code

1 Date incorporated | Employer Identification Number

2 Place incorporated

| (@) Common | (b) Preferred
$ los

3 Capital stock outstanding at beginning of taxable year

4 Kind of business
( Active Inactive

5 Name of common parent corporation (Give name of corporation which filed the consolidated income | Employer Identification Number
tax return for the entire affiliated group)

6 Address of common parent corporation

7 District Director's Office in which consolidated return is filed

The above-named subsidiary corporé hereby: (a) authorizes the above-named common parent corporation to make a consolidated income
tax return on its behalf for the taxable year for which this form is filed; and (b) authorizes such common parent corporation (or, in the event of its
failure, the Commissioner or the District Director of Internal Revenue) to make a consolidated income tax return on its behalf for each taxable year
thereafter for which a consolidated return must be made by the affiliated group under the provisions of the consolidated return regulations.

The above-named subsidiary corporation, in consideration of the privilege of joining in the making of a consolidated return with the above-named
common parent corporation, hereby consents to and agrees to be bound by the provisions of the above-mentioned regulations.

SIGNATURE AND VERIFICATION

Under penalties of perjury, | declare that the above-named subsidiary has authorized me to sign this form on its behalf, and that this form has
been examined by me and the information contained herein is, to the best of my knowledge and belief, true, correct, and complete.

Corporate
- -- Seal
Date ‘Signature Title
INSTRUCTIONS
Who Must File—Each subsidiary corporation must prepare this form to the consolidated income tax return. A signed copy of this form
in duplicate for the first taxable year for which a consolidated return must be filed (at or before the time the consolidated income tax
is made by the affiliated group. return is filed) with the Internal Revenue office prescribed for the

When and Where to File.—The original of this form must be attached filing of a separate return by the subsidiary.

‘ete rvy U S. GOVERNMENT PRINTING OFFICE. 1866—-0-220-080
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF ENVIRONMENTAL POWER CORPORATION AS OF
DECEMBER 31, 1999
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                         605,678<F1>
<SECURITIES>                                         0
<RECEIVABLES>                                3,703,922
<ALLOWANCES>                                         0
<INVENTORY>                                    532,585
<CURRENT-ASSETS>                             4,955,452
<PP&E>                                       1,076,716
<DEPRECIATION>                                 297,852
<TOTAL-ASSETS>                              58,782,002
<CURRENT-LIABILITIES>                        7,617,627
<BONDS>                                      2,394,237
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        100
<COMMON>                                       125,254
<OTHER-SE>                                  (5,596,123)
<TOTAL-LIABILITY-AND-EQUITY>                58,782,002
<SALES>                                     48,268,311
<TOTAL-REVENUES>                            48,268,311
<CGS>                                       21,931,318
<TOTAL-COSTS>                               21,931,318
<OTHER-EXPENSES>                            23,110,677
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             375,176
<INCOME-PRETAX>                              1,059,125
<INCOME-TAX>                                   470,552
<INCOME-CONTINUING>                            588,573
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                    1,188,989
<NET-INCOME>                                 1,777,562
<EPS-BASIC>                                        .16
<EPS-DILUTED>                                      .16


</TABLE>
Exhibit 32.2



CERTIFICATION  PURSUANT TO THE SARBANES-OXLEY ACT

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002





I, Joseph C. Cahill, Director and CFO of PowerCold Corporation (the Company) do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1.  This amended Quarterly Report on Form 10-Q/A of the Company for the period ended June 30, 2004 as filed with the Securities and Exchange Commission (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:   April 29, 2005



/s/ Joseph C. Cahill

Joseph C. Cahill

Director and CFO
Order entered November 10 , 2014

In The



## Court of Appeals

Fifth District of Texas at Dallas

No. 05

- 14

- 00134

- CR

HAMID SHOHREH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 199th Judicial District Court

Collin County, Texas

Trial Court Cause No. 199

- 82213

- 2013



### O RDER

The Clerk of the Court is DIRECTED to issue the mandate in this appeal forthwith.

/s/ CAROLYN WRIGHT

CHIEF JUSTICE
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA F OURTH D ISTRICT ROBERT EUGENE SIMMONS, JR. , Appellant ,
v. STATE OF FLORIDA , Appellee
. No. 4D 22

- 628 [ December 15, 2022 ] Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Gregory M. Keyser , Judge; L.T. Case No s . 50

- 2021

- CF

0002486

- XXXX

- MB and 50

- 2022

- CA

- 000916

- XXXX

- MB
. Robert Eugene Simmons, Jr., West Palm Beach , pro se. Ashley Moody, Attorney General, Tallahassee, and Rachael Kaiman, Assistant Attorney General, W est Palm Beach, for appellee
. P ER C URIAM . Affirmed. D AMOORGIAN , L EVINE and A RTAU , JJ., concur * * * Not final until disposition of timely filed motion for rehearing.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of a change in the meeting of the Treatment Research Subcommittee, February 28, 2001, 10 a.m. to February 28, 2001, 6 p.m., Embassy Suites at the Chevy Chase Pavilion, 4300 Military Road, N.W., Washington, DC, 20015 which was published in the                     **Federal Register**                     on January 26, 2001, Volume 66 FR 7923-24.                

The date of this meeting has been changed to February 28-March 1, 2001. The Committee will convene from 10 a.m. to 6 p.m. on February 28, and from 8:30 a.m. to 1 p.m. on March 1. The meeting is closed to the public. 

Dated: February 6, 2001.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy. 

[FR Doc. 01-3601  Filed 2-12-01; 8:45 am]

BILLING CODE 4140-01-M