alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Third District Court of Appeal

State of Florida

Opinion filed December 15, 2021.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-966

Lower Tribunal No. 14-27903

________________

Lucila Murphy,

Appellant,

vs.

Lenis Osorio, et al.,

Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Maria de 

Jesus Santovenia, Judge.

Law Office of Laurence A. Wanshel, P.A., and Laurence A. Wanshel, 

for appellant.

Coral Way Law Center, and Miguel San Pedro, for appellees.

Before EMAS, GORDO and BOKOR, JJ. 

PER CURIAM.
2

Affirmed. Murphy v. Osorio, 299 So. 3d 446, 448 (Fla. 3d DCA 2020), 

reh’g denied (Jan. 29, 2020) (“[I]t is undisputed that the trial court ruled that 

there was a lack of evidence to support the Defendants’ counterclaim.”); 

Espriella v. Delvalle, 844 So. 2d 674, 676 (Fla. 3d DCA 2003) (confirming 

that there is a strong presumption in favor of the validity of deeds, and that 

presumption will prevail unless the party challenging the deed overcomes it 

by clear, strong and convincing evidence) (citing Howell v. Fiore, 210 So. 2d 

253, 256 (Fla. 2d DCA 1968)); Applegate v. Barnett Bank of Tallahassee, 

377 So. 2d 1150, 1152 (Fla. 1979) (“Without a record of the trial proceedings, 

the appellate court can not properly resolve the underlying factual issues so 

as to conclude that the trial court’s judgment is not supported by the evidence 

or by an alternative theory.”).
Deny and Opinion Filed May 22, 2015 

# S

In The 

## Court of Appeals Fifth District of Texas at Dallas
No. 05-15-00656-CV IN RE WALLACE LANE SCHOOLER, Relator Original Proceeding from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-53643-2012



### MEMORANDUM OPINION Before Justices Lang, Fillmore and Evans Opinion by Justice Evans Relator filed a petition for writ of habeas corpus or, in the alternative, petition for writ of mandamus requesting that the Court order relator discharged from the restraint of his liberty imposed by the trial court’s May 15, 2015 “Order Holding Respondent in Contempt for Failure to Pay Child Support, for Failure to Pay Medica l Reimbursement, for Failure to Timely Return the Parties’ Children as Ordered, Granting Judg ment and for Commitment to County Jail,” the trial court’s May 18, 2015 “Order for Capias,” and the trial court’s May 18, 2015 “Order to Appear on Motion to Revoke Susp ension of Commitment.” Rela tor contends that the trial court’s orders were rendered in viol ation of his due process rights. Because relator is not presently confined, we treat the petition as a petition for writ of mandamus. Ordinarily, to obtain mandamus relief, a relator must show both that the trial court has clearly abused its discretion and that the relator has no adequate appellate remedy. In re–2– Prudential Ins. Co. , 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). We conclude relator has failed to establish a right to the relief requested. We deny the petition.

150656F.P05 /David Evans/ DAVID EVANS JUSTICE
#### Edwin Adonay MENDOZA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 09-71710.

United States Court of Appeals, Ninth Circuit.

Submitted Dee. 6, 2010.*

Filed Dec. 13, 2010.

Gerald Kenneth Roberts, Law Offices of Gerald K. Roberts, Pittsburg, CA, for Petitioner.

Gregory Michael Kelch, OIL, U.S. Department of Justice, Washington, DC, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: GOODWIN, RYMER, and GRABER, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Edwin Adonay Mendoza, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual findings. *Santos-Lemus v. Mukasey,*542 F.3d 738, 742 (9th Cir.2008). We deny the petition for review.

Mendoza contends he suffered harm from gang members during several incidents on account of his imputed political opinion. , Substantial evidence supports the BIA’s finding that the robberies were criminal in nature or to recruit him, and thus that Mendoza failed to establish the required nexus to a protected ground. *See Gormley v. Ashcroft,*364 F.3d 1172, 1177 (9th Cir.2004) (random criminal acts bore no nexus to a protected ground); *Santos-Lemus v. Mukasey,*542 F.3d at 745-46 (rejecting petitioner’s contention that “the gang held any sort of belief system that they perceived [petitioner] to oppose”); *Parussimova v. Mukasey,*555 F.3d 734, 740-41 (9th Cir.2009) (“[t]he Real ID Act requires that a protected ground represent ‘one central reason’ for an asylum applicant’s persecution”). Accordingly, Mendoza’s asylum and withholding of removal claims fail. *See Ochoa v. Gonzales,*406 F.3d 1166, 1172 (9th Cir.2005).

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
**Exhibit 10.1**

**Description of the2007 Management Incentive Bonus Plan**

In 2007 key employees of Georgia Gulf Corporation (“GeorgiaGulf”), including Messrs. Schmitt, Seal, Beerman, Doherty and Shannon, thenamed executive officers (each, a “Participant,” and collectively, the “Participants”),will participate in our management incentive bonus plan (the “Plan”). Theobjective of the Plan is to motivate the performance of the Participants bycreating the potential for increased compensation tied directly to companyprofit. In December 2006, the Compensation Committee assigned bonus pointsto each Participant, set primarily by reference to his salary level, which, forMr. Schmitt, were equal to 80 percent of his base salary, and for eachother Participant, were equal to 50 to 60 percent of his base salary. TheCompensation Committee also established a corporate target for 2007 earningswhich is an EBITDA (earnings before interest, taxes, depreciation andamortization) return equal to Georgia Gulf’s cost of capital plus 200 basispoints.

Under the terms of the Plan, if the corporate targetis reached, the Participants receive a payment equal to 100 percent of theirpoints awarded. If the corporate target is not reached, payments are ratablyreduced to a minimum target, which is the greater of half of the corporatetarget or a risk-free rate of return (e.g., 10 year Treasury Bill), in whichcase Participants receive a payment equal to 10 percent of their pointsawarded. If the corporate target is surpassed, payments are ratably increasedto a maximum, which is double the Participants’ points where earnings equal twotimes the corporate target.

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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED NOVEMBER 30, 1996 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          NOV-30-1996
<PERIOD-START>                             DEC-01-1995
<PERIOD-END>                               NOV-30-1996
<CASH>                                         133,768
<SECURITIES>                                         0
<RECEIVABLES>                                2,236,781
<ALLOWANCES>                                         0
<INVENTORY>                                  1,759,200
<CURRENT-ASSETS>                             4,425,756
<PP&E>                                       5,275,331
<DEPRECIATION>                                 820,646
<TOTAL-ASSETS>                              15,281,472
<CURRENT-LIABILITIES>                        3,801,652
<BONDS>                                      1,524,562
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        60,620
<OTHER-SE>                                  10,143,931
<TOTAL-LIABILITY-AND-EQUITY>                15,281,472
<SALES>                                     19,958,022
<TOTAL-REVENUES>                            19,958,022
<CGS>                                       15,886,417
<TOTAL-COSTS>                               15,886,417
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             139,502
<INCOME-PRETAX>                              (989,043)
<INCOME-TAX>                                  (60,000)
<INCOME-CONTINUING>                          (989,043)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (929,043)
<EPS-PRIMARY>                                    (.20)
<EPS-DILUTED>                                    (.20)
        

</TABLE>
EXHIBIT 99.1

                          CERTIFICATION PURSUANT TO
                           18 U.S.C. SECTION 1350,
                           AS ADOPTED PURSUANT TO
                SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Each of the undersigned, in his capacity as the Chief Executive Officer and
Chief Financial Officer, respectively, of the general partners of Boston
Celtics Limited Partnership and Boston Celtics Limited Partnership II
(collectively, the "Registrants"), for purposes of 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
to his knowledge:

      *   the annual report of the Registrants on Form 10-K for the period
          ended June 30, 2002 fully complies with the requirements of
          Section 13(a) of the Securities Exchange Act of 1934; and
      *   the information contained in such report fairly presents, in all
          material respects, the financial condition and results of
          operation of the Registrants.

Dated:  September 27, 2002



/s/  Paul E. Gaston
-----------------------
Paul E. Gaston
Chief Executive Officer



/s/  Richard G. Pond
-----------------------
Richard G. Pond
Chief Financial Officer


<PAGE>
Exhibit 31.1

CERTIFICATIONS

I, Richard E. Kessel, certify that:



|1. | I have reviewed this Annual Report on Form 10-K/A of Environmental Power Corporation.
|-- | -------------------------------------------------------------------------------------



|2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|Date: April 30, 2010   
|                       
|/s/  Richard E. Kessel 
|Richard E. Kessel      
|Chief Executive Officer
2014- 0827.

#### Northwest Local School Dist. Bd. of Edn. v. Hamilton Cty. Bd. of Revision.

Board of Tax Appeals, No. 2011-4730. This cause is pending before the court as an appeal from the *1498Board of Tax Appeals.

Upon consideration of the joint motion to remand to the Board of Tax Appeals to implement a settlement agreement, it is ordered by the court that the motion is granted and the cause is remanded to the Board of Tax Appeals to take further action as appropriate.

It is further ordered that a mandate be sent to and filed with the Board of Tax Appeals.
V 

117TH CONGRESS 

1ST SESSION H. R. 3741 

To authorize the President to award the Purple Heart to Louis Boria, 

Jr., for injuries incurred during World War II and the Korean War 

while a member of the Marine Corps. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2021 

Mr. SOTO introduced the following bill; which was referred to the Committee 

on Armed Services 

A BILL 

To authorize the President to award the Purple Heart to 

Louis Boria, Jr., for injuries incurred during World War 

II and the Korean War while a member of the Marine 

Corps. 

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


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 3741 IH

1 SECTION 1. AUTHORIZATION TO AWARD THE PURPLE 

2 HEART TO LOUIS BORIA, JR., FOR INJURIES 

3 INCURRED DURING WORLD WAR II AND THE 

4 KOREAN WAR WHILE A MEMBER OF THE MA5 RINE CORPS. 

6 Notwithstanding the criteria in section 1 of Executive 

7 Order 11016, the President is authorized to award the 

8 Purple Heart to Louis Boria, Jr., for injuries incurred 

9 during World War II and the Korean War while a member 

10 of the Marine Corps. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
Distribution:

Jason Hardin, Esq.

Artemis D. Vamiankis, Esq.

FABIAN VANCOTT

215 South State Street, Suite 1200

Salt Lake City, UT 84111-2323

Ryan L. Pardue

Office of the Solicitor

U.S. Department of Labor

1244 Speer Blvd., Suite 216

Denver, CO 80204

Ali Beydoun, Esq. 

Office of the Solicitor

US Department of Labor

201 12th St. South, Suite 401 

Arlington, VA 22202-5450

April Nelson, Esq.

Office of the Solicitor

US Department of Labor

201 12th St. South, Suite 401

Arlington, VA 22202-5450

Melanie Garris

Office of Civil Penalty Compliance, MSHA

U.S. Department of Labor 

201 12th Street South, Suite 401 

Arlington, VA 22202-5450

Administrative Law Judge John Lewis

Federal Mine Safety and Health Review Commission

Office of Administrative Law Judges

7 Parkway Center

875 Greentree Road, Suite 290

Pittsburgh, PA 15220
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

March 24, 2008 Clifford W. Taylor,

 Chief Justice 

135528 & (70) Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, Plaintiff-Appellee, Justices 

v SC: 135528 

 COA: 271086 
 Wayne CC: 06-000926-01

JERALD CONNELL JAMES,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the November 6, 2007 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. The motion to 

remand is DENIED. 

t0317 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

March 24, 2008 

 Clerk
Exhibit 31.2

CERTIFICATION



Certification of Principal Accounting Officer



I, Wm. Lee Popham, Principal Accounting Officer, certify that:



1.

I have reviewed this quarterly report on Form 10-Q of Admiral Financial Corp.;



2.

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;



3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;



4.

The small business issuer's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the small business issuer and have:



(a)

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

(b)

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

(c)

Disclosed in this report any change in the small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and



5.

The small business issuer's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer's auditors and the audit committee of the small business issuer's board of directors (or persons performing the equivalent functions):



(a)

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

(b)

Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer's internal control over financial reporting.



Dated: February 11, 2011



/s/ Wm. Lee Popham

Wm. Lee Popham, Principal Accounting Officer
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.                  

###### National Aeronautics and Space Administration

          - [Notice 01-24]

# AGENCY:

National Aeronautics and Space Administration.

# ACTION:

Notice of meeting.

# SUMMARY:

In accordance with the Federal Advisory Committee Act, Pub. L. 92-463, as amended, the National Aeronautics and Space Administration announces a meeting of the NASA Advisory Council, Space Science Advisory Committee, Structure and Evolution of the Universe Subcommittee.

# DATES:

Monday, March 5, 2001, 8:30 a.m. to 5:30 p.m., and Tuesday, March 6, 2001, 8:30 a.m. to 5 p.m.

# ADDRESSES:

National Aeronautics and Space Administration, Conference Room 5H 46, 300 E Street, SW., Washington, DC 20546.

# FOR FURTHER INFORMATION CONTACT:

Dr. Alan Bunner, Code S, National Aeronautics and Space Administration, Washington, DC 20546, (202) 358-2150.

# SUPPLEMENTARY INFORMATION:

The meeting will be open to the public up to the capacity of the room. The agenda for the meeting is as follows:

—Associate Administrator's Program Status Report

—Report from the Theme Director

—Recent Space Science Advisory Committee

—Report of the Research and Analysis Task Group

—Progress on Energetic X-Ray Imagery Survey Telescope

—Ultra Long Duration Balloon

It is imperative that the meeting be held on these dates to accommodate the scheduling priorities of the key participants. Visitors will be requested to sign a visitor's register.

Dated: February 7, 2001.

Beth M. McCormick,

Advisory Committee Management Officer, National Aeronautics and Space Administration.

[FR Doc. 01-3480 Filed 2-9-01; 8:45 am]

BILLING CODE 7510-01-U
Exhibit 99.3

                            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 CERBCO,  Inc. (the "Company") on
Form 10-QSB for the quarterly  period  ending  September 30, 2002, as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
George Wm. Erikson,  the Chairman of the Company,  certify,  pursuant to and for
purposes of 18 U.S.C.  Section 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 for the dates and periods covered by the Report.


November 14, 2002                                /s/George Wm. Erikson
                                                 -------------------------------
                                                 George Wm. Erikson
                                                 Chairman
```
**Exhibit 32.01

                            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 TetriDyn Solutions, Inc. (the
"Company") on Form 10-QSB for the quarter ended June 30, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, David
W. Hempstead, Chief Executive Officer and Chief Financial Officer of the
Company, certify, 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 my knowledge
and belief:

         (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/ David W. Hempstead    
David W. Hempstead
Chief Executive Officer
Chief Financial Officer
August 14, 2006

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon request.
```