alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
MEMORANDUM OPINION

No. 04-10-00749-CV

IN RE CAMP MYSTIC, INC., Richard G. EASTLAND, Willetta (“Tweety”) EASTLAND, 

and James M. EASTLAND

Original Mandamus Proceeding1

PER CURIAM

Sitting: Catherine Stone, Chief Justice

Sandee Bryan Marion, Justice

Marialyn Barnard, Justice

Delivered and Filed: November 17, 2010

PETITION FOR WRIT OF MANDAMUS AND WRIT OF PROHIBITION DENIED

On October 19, 2010, relators filed a petition for writ of mandamus and writ of 

prohibition. The court has considered relators’ petition and is of the opinion that relators are not 

entitled to the relief sought. Accordingly, the petition for writ of mandamus and writ of 

prohibition is DENIED. See TEX. R. APP. P. 52.8(a). 

PER CURIAM

 1 This proceeding arises out of Cause No. 07-0728B, styled Camp Mystic, Inc., et al. v. Stacy Eastland, et al., 

pending in the 198th Judicial District Court, Kerr County, Texas, the Honorable Rex Emerson presiding. However, 

the order complained of was signed by the Honorable David Peeples, visiting judge.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 17

- 2215

_____________________________
S HANDS J ACKSONVILLE M EDICAL C ENTER , I NC ., d/b/a UF H EALTH J ACKSONVILLE , Appellant
,

v.

S TATE OF F LORIDA , D EPARTMENT OF H EALTH ; and O RANGE P ARK M EDICAL C ENTER , I NC

. , d/b/a O RANGE P ARK M EDICAL C ENTER , Appellees

.

_____________________________ On appeal from final order of the Department of Health

. W. David Watkins, Administrative Law Judge

. November 30, 2018

P ER C URIAM

.
Shands Jacksonville Medical Center, Inc., appeals from the order approving the provisional trauma center application of Orange Park Medical Center, Inc., asserting three issues: (a) that the need for the new trauma center may not be deferred until the final sele ction phase of the process; (b) that the Department of Health was operating pursuant to an unadopted rule; and (c) that the Department erred in allowing the new trauma center to begin its operations prior to the completion of Shands’ administrative challen ge. As to issue (a), we affirm based on State , Dep't of Health2 v. Bayfront HMA Med. Ctr., LLC
, 236 So. 3d 466 (Fla. 1st DCA Jan. 2, 2018). As to issue (b), we affirm based on State , Dep't of Health v. Shan ds Jacksonville Medical Center , No. 1D17

- 1713 (Fla. 1st DCA Nov. 13, 2018). As to issue (c) , we conclude that the matter is moot.

A FFIRMED in part ; D ISMISSED in part

.
W ETHERELL , M AKAR , and W INSOR , JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Seann M . Frazier and Marc Ito of Parker Hudson Rainer & Dobbs, LLP, Tallahassee
, for Appellant

. William Dean Hall, III, Marc W . Dunbar, and Daniel R. Russell of Jones Walker LLP, Tallahassee, for Appellee Department of Health.

Stephen A. Ecenia, J. Stephen Menton, and Gabriel F. V. Warren of Rutledge Ecenia, P.A., Tallahassee, for Appellee Orange Park Medical Center

.
941 A.2d 1255

#### Alan T. BROOKS, Appellant, v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, Appellee.

Supreme Court of Pennsylvania.

July 20, 2007.

*204
      *ORDER*

PER CURIAM.

The order of the Commonwealth Court is AFFIRMED, and Appellant’s application for relief is DENIED.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Form 10-Q for the period ended June 30, 1997 and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                          18,405
<SECURITIES>                                     4,986
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                30,371
<PP&E>                                          24,219
<DEPRECIATION>                                   7,132
<TOTAL-ASSETS>                                  53,095
<CURRENT-LIABILITIES>                            7,862
<BONDS>                                         11,825
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           376
<OTHER-SE>                                      33,408
<TOTAL-LIABILITY-AND-EQUITY>                    53,095
<SALES>                                            672
<TOTAL-REVENUES>                                 6,268
<CGS>                                              708
<TOTAL-COSTS>                                      708
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (256)
<INCOME-PRETAX>                               (15,645)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (15,645)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (15,645)
<EPS-PRIMARY>                                    (.42)
<EPS-DILUTED>                                    (.42)
        

</TABLE>
EXHIBIT 32

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


         In connection with the Quarterly Report of Eat at Joe's,  Ltd., on Form
10-QSB for the quarter  ending March 31, 2005 as filed with the  Securities  and
Exchange Commission on the date hereof (the "REPORT"),  the undersigned,  Joseph
Fiore, Chief Executive Officer and Principal  Accounting Officer of the Company,
certify,  pursuant to 18 U.S.C.  ss.1350,  as adopted pursuant to ss. 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.

Date: May 13, 2005


/s/ Joseph Fiore
Joseph Fiore
CEO, CFO, Chairman, Secretary, Director
(Principal Executive & Accounting Officer)


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.
Form 6478

Department of the Treasury 

Internal Revenue Service

Biofuel Producer Credit 

▶ Attach to your tax return.

▶ Information about Form 6478 and its separate instructions is at www.irs.gov/form6478.

OMB No. 1545-0231

2014

Attachment 

Sequence No. 83

Name(s) shown on return Identifying number

Type of Fuel

(a) 

Number of Gallons 

Sold or Used

(b) 

Rate

(c) 

Column (a) x Column (b)

1 Qualified second generation biofuel production (see 

instructions for election) . . . . . . . . . . . . . 1

2 Enter the amount from column (c) on line 1. Include this amount in your income for 2014, and enter 

your IRS registration number (see instructions) . . . . . . 2

3 Biofuel producer credit from partnerships, S corporations, cooperatives, estates, and trusts (see 

instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

4 Add lines 2 and 3. Cooperatives, estates, and trusts, go to line 5. Partnerships and S corporations, 

stop here and report this amount on Schedule K. All others, stop here and report this amount on

Form 3800, Part III, line 4c . . . . . . . . . . . . . . . . . . . . . . . . 4

5 Amount allocated to patrons of the cooperative or beneficiaries of the estate or trust (see 

instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

6 Cooperatives, estates, and trusts, subtract line 5 from line 4. Report this amount on Form 3800, 

Part III, line 4c . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 13605J Form 6478 (2014)
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 99-2941

___________

Candida Rosa Euceda, *

*

Petitioner, *

* Petition for Review of an

v. * Order of the Immigration

* and Naturalization Service.

Immigration and Naturalization * [UNPUBLISHED]

Service; U.S. Department of Justice, *

*

Respondents. *

___________

 Submitted: July 5, 2000

 Filed: July 11, 2000

___________

Before LOKEN, FAGG, and HANSEN, Circuit Judges.

___________

PER CURIAM.

Candida Rosa Euceda, a Honduran citizen, petitions for review of a final order

of the Board of Immigration Appeals (BIA) dismissing as untimely her appeal from the

Immigration Judge’s (IJ) denial of her applications for asylum and withholding of

deportation. For reversal she addresses only the merits of the IJ’s decision. For the

reasons discussed below, we deny the petition for review.

The record reveals that the IJ issued an oral decision on April 3, 1997, after a

hearing, and that on May 8 the BIA received Euceda’s Form EOIR-26 Notice of
-2-

Appeal, three days after the filing deadline had passed. We conclude the BIA properly

dismissed the appeal as untimely. See Atiqullah v. INS, 39 F.3d 896, 898 (8th Cir.

1994) (per curiam) (absent unique circumstances, time limit for filing notice of appeal

with BIA is mandatory and confers on BIA jurisdiction to hear appeal);

8 C.F.R. § 3.38(b), (c) (2000) (notice of appeal from IJ’s decision (Form EOIR-26)

shall be filed directly with BIA within 30 calendar days after stating of IJ’s oral

decision; if final date for filing falls on Saturday, Sunday, or legal holiday, appeal time

extends to next business day; date of filing is date BIA receives notice). We may not

review the merits of Euceda’s claims because they were not presented to the BIA. See

Margalli-Olvera v. INS, 43 F.3d 345, 350 (8th Cir. 1994).

Accordingly, we deny the petition for review.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2128 Received in Senate (RDS)]

103d CONGRESS
  1st Session
                                H. R. 2128

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                May 26 (legislative day, April 19), 1993

                                Received

_______________________________________________________________________

                                 AN ACT

 
       To amend the Immigration and Nationality Act to authorize 
 appropriations for refugee assistance for fiscal years 1993 and 1994.

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

SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR REFUGEE ASSISTANCE FOR 
              FISCAL YEARS 1993 AND 1994.

    Section 414(a) of the Immigration and Nationality Act (8 U.S.C. 
1524(a)) is amended by striking ``fiscal year 1992'' and inserting 
``fiscal year 1993 and fiscal year 1994''.

            Passed the House of Representatives May 25, 1993.

            Attest:

                                                                 Clerk.
```
rom DTO4

(Rev, November 1983) Statement by Person(s) Receiving Gambling Winnings ome Ne. 1545-0039
Department of the Treasury > For instructions for Form 5754, see Form W-3G.
Internal Revenue Service > For Paperwork Reduction Act Notice, see back of form.

Date won Type of winnings Game number Machine number Race number
PART I.— Person to Whom Winnings are Paid

Name Address
Taxpayer identifying number Other LD. Amount received [Federal income tax withheld
PART II.— Persons to Whom Winning Payments are Taxable
Name ‘centre ber Address ‘Amount won Winnings from

identical wagers

Under penalties of perjury, | declare that to the best of my knowledge and belief the names, addresses, and taxpayer identifying numbers which | have furnished correctly identify me as the
recipient of this payment and correctly identify each person entitled to any portion of this payment and any payments from identical wages.

Signature >

Date >



Form 5754 (Rev. 11-83)

Page 2

PART Il.— Persons to Whom Winning Payments are Taxable (Continued)

Name Taxpayer
identifying number

Address ‘Amount won Winnings from
identical wagers

Paperwork Reduction Act Notice.—We ask for this information to
carry out the Internal Revenue laws of the United States. We need it
to ensure that taxpayers are complying with these laws and to allow
us to figure and collect the right amount of tax. You are required to
give us this information.

In the event that any person other than the person receiving
gambling winnings which are subject to withholding or reporting
requirements (‘‘recipient’’) is entitled to a portion of the winnings,
this form must be completed by the recipient. If the recipient is not
one of the winners, that person must fill in his or her name, address
and taxpayer identifying number in Part | and then list in Part II the
names, addresses, taxpayer identifying numbers, the amount of the
winnings, and the amount of any additional winnings from identical

wagers which each of the other persons is entitled to receive. If the
recipient is one of the winners, that person's name, the amount of
the winnings, and the amount of any additional winnings from
identical wagers should also appear in Part II. The taxpayer
identifying number for an individual is the social security number; for
all others it is the employer identification number. The statement
must then be signed (if Federal income tax is withheld) and returned
tothe Payer oft e winnings. The payer will file a Form W-2G at the
time of the payment or no later than January 31st of the year
following the year of the winnings.

This form should be retained by the payer for a period of four
years from the date of the payment of the winnings and must be
made available to Internal Revenue upon request during that period.

U.S. Government Printing Office: 1983—421-108/248
#### CITY OF EDMOND v. BILLEN et al.

No. 22390.

Dec. 11, 1934.

John Roaten and Hayson & Lukenbill, for plaintiff in error.

Shirk, Danner & Phelps, Charles E. Earn-heart, Samuel O. Neff, and Howard Davis, for defendants in error.

ANDREWS, J.

This is an appeal from a judgment of the district court of Oklahoma county in favor of the defendants in error, the plaintiffs in the trial coun, against the plaintiff in error, the defendant in the trial court.

The plaintiffs complained of the actions of the defendant in dumping sewage into a natural water course running through the farm of the plaintiffs. No complaint was made as to the amount of the verdict and judgment.

In its brief the defendant presents but three questions: First, the failure of the trial court to give a requested instruction: and second, the giving by the trial court of instructions numbered 5 and 6.

The requested instruction was not justified by the pleadings or the testimony. The instructions given were justified under the rule stated by this court in City of Cushing v. High. 73 Okla. 151, 175 P. 229; City of Tecumseh v. Deister, 112 Okla. 3, 239 P. 582; City of Collinsville v. Brickey, 115 Okla. 264, 242 P. 249; City of Enid v. Brooks, 132 Okla. 60, 269 P. 241, and City of Sayre v. Rice, 132 Okla. 95, 269 P. 361.

The authorities relied -upon by the defendant are largely decisions of other courts. The decision of this court in St. Louis & S. F. R. Co. v. Burrous, 29 Okla. 378. 118 P. 143, is not applicable.

The judgment of the trial court is affirmed.

RILEY, C. J., and SWINDALL, OSBORN, and BUSBY, JJ., concur.
EXHIBIT 32.1
 CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002
  (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 at and for
the periods indicated.
  /s/ Robert L. ButchofskyRobert L. ButchofskyPresident and Chief Executive Officer

(Principal Executive Officer)
##### 



Exhibit 31.2 CERTIFICATION OF CHIEF FINANCIAL OFFICER
Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 I, William R. Estill, certify that:  1.
    
    I have reviewed this quarterly report on Form 10-QSB of Collegiate Pacific
Inc.;  2.
    
    Based on my knowledge, this quarterly 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 quarterly report, fairly present in all
material respects the financial condition, results of operations and cash
flows of the registrant as of, and for, the periods presented in this
quarterly report;  4.
    
    The registrants other certifying officer 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)) for the registrant
and have: (a)       designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under supervision, to
ensure that material information relating to the registrant, including
its consolidated subsidiaries, is made known to us by others within those
entities, particularly during the period in which this quarterly report
is being prepared; (b)       evaluated the effectiveness of the registrant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 quarterly report based on such evaluation; and (c)       disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants
most recent fiscal quarter (the registrants fourth fiscal quarter in the
case of an annual report) that has materially affected, or is reasonably
likely to materially affect, the registrants internal control over
financial reporting; and  5.
    
    The registrants other certifying officer and I have disclosed, based on
our most recent evaluation of internal control over financial reporting,
to the registrants auditors and the audit committee of the registrant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 registrant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 registrants internal
control over financial reporting. Date: May 13, 2004 /s/ William R. EstillWilliam R. Estill, Chief Financial Officer
**EXHIBIT 31.1**
**CERTIFICATIONS**
I, James T. Sartain, certify that:
(1)  I have reviewed this quarterly report on Form 10-Q of FirstCity Financial Corporation; (2)  Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the period covered by this report; (3)  Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, and for, theperiods presented in this report; (4)  The registrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in ExchangeAct Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
 (a)  Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated 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 registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and  (c)  Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s mostrecent fiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and
(5)  The registrant’s other certifying officer(s) and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions):
 (a)  All significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process, summarizeand report financial information; and
 (b)  Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’s internal controlover financial reporting.  Date: May 23, 2005     /s/ James T. Sartain     James T. Sartain