alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Cite as 2015 Ark. App. 546



## ARKANSAS COURT OF APPEALS

DIVISION I No. CV-15-461
CAROLINE ADAMS APPELLANT V.

ARKANSAS DEPARTMENT OF HUMAN SERVICES AND E.F., A MINOR APPELLEES Opinion Delivered October 7, 2015 APPEAL FROM THE WASHINGTON COUNTY CIRCUIT COURT [NO. J-13-749] HONORABLE STACEY ZIMMERMAN, JUDGE

MOTION TO WITHDRAW DENIED WITHOUT PREJUDICE; REBRIEFING ORDERED RAYMOND R. ABRAMSON, Judge Caroline Adams appeals from the March 6, 2015 order of the Washington County Circuit Court terminating her parental rights to her two-year-old daughter, E.F. 1 Adams’s counsel has filed a no-merit brief pursuant to Linker-Flores v. Arkansas Department of Human Services , 359 Ark. 131, 194 S.W.3d 739 (2004), and Arkansas Supreme Court Rule 6-9(i), asserting that there are no issues of arguable merit to support the appeal and requesting to be relieved as counsel. The motion is accompanied by an abstract and addendum of the lower court’s proceedings and a brief which explains why none of the trial court’s rulings present a meritorious ground for appeal.

1 Bobby Frakes is the child’s biological father, and his rights were also terminated on March 6, 2015; however, he is not a party to this appeal.Cite as 2015 Ark. App. 546

The clerk of this court notified Adams that she had the right to file pro se points for reversal under Arkansas Supreme Court Rule 6-9(i)(3). Adams has filed pro se points, and the Arkansas Department of Human Services (DHS) has filed a response to her pro se points on appeal. In the trial court’s probable cause order entered January 3, 2014, there is an “X” marked next to the line “provide a copy of the petition, notice of the next scheduled hearing, and advice of rights under Indian Child Welfare Act by registered mail, return receipt requested, as required by ICWA to:” It is followed by a handwritten notation that reads “Choctaw Tribe (Mom) and Cherokee Tribe (Put Father).” However, there is nothing else in the record that clearly indicates whether the Indian Child Welfare Act was applicable in the instant case, and if so, whether its heightened scrutiny of termination cases was applied. In her brief, Adams’s counsel makes no reference to the higher standard that is required in these types of cases, or if the ICWA guidelines govern here. We therefore deny the motion to withdraw and order rebriefing to clarify this issue. Because counsel fails to adequately explain if ICWA is applicable in the instant case, we must require counsel to rebrief this appeal. We do not direct that the substituted brief be on a merit or no-merit basis, but rather leave that to counsel’s professional judgment. We deny counsel’s motion to withdraw and order rebriefing. Counsel shall have fifteen days from the date of this opinion to file a substituted brief. See Ark. Sup. Ct. R. 4-2(c)(2). Motion to withdraw denied without prejudice; rebriefing ordered.

2Cite as 2015 Ark. App. 546

H ARRISON and B ROWN , JJ., agree. Leah Lanford , Arkansas Public Defender Commission, for appellant. Mischa K. Martin , Office of Chief Counsel, for appellee. Chrestman Group, PLLC , by: Keith L. Chrestman , attorney ad litem for minor child.

3
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA
F OURTH D ISTRICT

DERRICK KIRKSEY , Appellant,

v.

STATE OF FLORIDA , Appellee

.

No. 4D 19

- 3083

[ May 7, 2020 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Cheryl Caracuzzo , Judge; L.T. Case No. 50

- 2019

- MM006459

- A

.
Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Paul Patti, III, Assistant Attorney Ge neral, West Palm Beach, for appellee.

P ER C URIAM

.
Affirmed

.

G ROSS , G ERBER and F ORST , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                       1,274,000
<SECURITIES>                                         0
<RECEIVABLES>                                3,254,000
<ALLOWANCES>                                   166,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                     267,943,000
<DEPRECIATION>                              29,044,000
<TOTAL-ASSETS>                             281,857,000
<CURRENT-LIABILITIES>                       54,181,000
<BONDS>                                    131,195,000
<PREFERRED-MANDATORY>                           89,000
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  95,234,000
<TOTAL-LIABILITY-AND-EQUITY>               281,847,000
<SALES>                                              0
<TOTAL-REVENUES>                            43,193,000
<CGS>                                                0
<TOTAL-COSTS>                               26,044,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          14,497,000
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,694,000
<EPS-PRIMARY>                                      .31
<EPS-DILUTED>                                        0
        

</TABLE>
<PAGE>

                                                       EXHIBIT 11.0


                             EARNINGS PER SHARE

      The numerator and denominator of basic and diluted earnings per share are
as follows:

<TABLE>
<CAPTION>
                                                      Six months ended
                                              --------------------------------
                                              March 31, 2000   March 31, 2001
                                              --------------   --------------
<S>                                            <C>              <C>
Numerator - net loss as reported                $(3,278,000)    $(2,350,300)
Denominator - Weighted average
  number of shares outstanding                   11,746,000      12,494,000
Effect of dilutive securities:
  Dilutive weighted average number
    of shares outstanding                        11,746,000      12,494,000
Basic earnings (loss) per share                      ($0.28)         ($0.19)
Diluted earnings (loss) per share                    ($0.28)         ($0.19)
</TABLE>
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 Agriculture

###### Forest Service

# AGENCY:

Forest Service.

# ACTION:

Notice of Meeting.

# SUMMARY:

The Deschutes PIEC Advisory Committee will meet on February 22, 2001 at the Jefferson County Firehall located at the corner of Adam and “J” Street off of Highway 97 in Madras, Oregon. A business meeting will begin at 9 am and finish at 4:30 pm. Agenda items will include Legislation to Counties, Update on ICBEMP, Upper Deschutes Resource Management Plan, Monitoring Reports, Info Sharing and a Public Forum from 4 pm till 4:30 pm. All Deschutes Province Advisory Committee Meetings are open to the public. 

# FOR FURTHER INFORMATION CONTACT:

Mollie Chaudet, Province Liaison, USDA, Bend-Ft. Rock Ranger District, 1230 N.E. 3rd., Bend, OR 97701, Phone (541) 416-6872.

Dated: February 12, 2001.

Leslie A.C. Weldon, 

Deschutes National Forest Supervisor.

[FR Doc. 01-3989  Filed 2-15-01; 8:45 am]

BILLING CODE 3410-11-M
Exhibit 23

                         Consents of Experts and Counsel


<PAGE>

                                                                    EXHIBIT 23.1



                        Independent Accountants' Consent



The Board of Directors
WesterFed Financial Corporation:

We consent to  incorporation  by reference in the  registration  statement  (No.
33-85350) on Form S-8 of  WesterFed  Financial  Corporation  of our report dated
July  23,  1999,  relating  to the  consolidated  balance  sheets  of  WesterFed
Financial  Corporation  and  subsidiaries  as of June 30, 1999 and 1998, and the
related   consolidated   statements   of   income,   stockholders'   equity  and
comprehensive  income,  and cash  flows for each of the years in the  three-year
period  ended June 30, 1999,  which  report  appears in the June 30, 1999 annual
report on Form 10-K of WesterFed Financial Corporation.


                                                  KPMG LLP


Billings, Montana
September 24, 1999
<TABLE>
                CAPITAL RE CORPORATION AND SUBSIDIARIES
      Exhibit 11 Statement Re: Computation of Per Share Earnings
                             (Unaudited)
            (Dollars in thousands except per share amounts)



                              Three Months Ended    Nine Months Ended
                                 September 30,        September 30,
                              ------------------    ----------------
                              1997       1996       1997        1996
                              ------------------    ----------------

<S>                           <C>        <C>        <C>         <C>
Earnings per common share
(Primary and Fully Diluted)
Average shares outstanding
during the period             15,877     15,798     15,867    15,589


Net Income                    18,256     13,956     51,501    40,007
Earnings per common share      $1.15      $0.88      $3.25     $2.57
                              ======     ======     ======    ======


Notes:  The per share data for 1997 and 1996 does not include the net
effect of dilutive stock options, since the dilution from the earnings
per share amount is less than 3%.
</TABLE>
June 1, 1999


Campbell & Co. Inc.
210 West Pennsylvania Avenue
Baltimore, MD 21204

Attention: Ms. Terry Livesey

RE:      Management Agreement Renewal
         Smith Barney Diversified Futures Fund L.P.

Dear Ms. Livesey:

We are  writing  with  respect  to  your  management  agreement  concerning  the
commodity pool to which reference is made above (the "Management Agreement"). We
would like to extend the term of the Management  Agreement through June 30, 2000
and all other provisions of the Management Agreement will remain unchanged.

Please indicate your agreement to and acceptance of this modification by signing
one copy of this letter and returning it to the attention of Mr. Daniel Dantuono
at the address above or fax to 212-723-8985.  If you have any questions I can be
reached at 212-723-5416.

Very truly yours,

SMITH BARNEY FUTURES MANAGEMENT INC.



By:
         Daniel A. Dantuono
         Chief Financial Officer,
         Director & Treasurer


AGREED AND ACCEPTED

CAMPBELL & CO. INC.


By:

Print Name:

DAD/sr
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          28,750
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                      28,956,343
<DEPRECIATION>                              10,762,549
<TOTAL-ASSETS>                              19,284,635
<CURRENT-LIABILITIES>                        1,392,968
<BONDS>                                     16,480,108
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   (255,918)
<TOTAL-LIABILITY-AND-EQUITY>                19,284,635
<SALES>                                              0
<TOTAL-REVENUES>                             1,726,115
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               786,609
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,776,782
<INCOME-PRETAX>                            (1,894,421)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,894,421)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,894,421)
<EPS-PRIMARY>                                  (73.66)
<EPS-DILUTED>                                        0
        

</TABLE>
#### UNITED STATES of America, Plaintiff-Appellee, v. Juan Jose BALTAZAR, Defendant-Appellant.

No. 13-8049.

United States Court of Appeals, Fourth Circuit.

Submitted: April 17, 2014.

Decided: April 22, 2014.

Juan Jose Baltazar, Appellant Pro Se. Jimmie Ewing, Assistant United States Attorney, Columbia, South Carolina, Leesa Washington, Assistant United States Attorney, Greenville, South Carolina, for Ap-pellee.

Before WILKINSON, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Juan Jose Baltazar seeks to appeal from his 2007 convictions for possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A) (2006), and possession with intent to distribute methamphetamine, cocaine and marijuana, in violation of 21 U.S.C. § 841 (2006). The Government has moved to dismiss the appeal as untimely. We grant the Government’s motion and dismiss Baltazar’s appeal.

In criminal cases, the defendant must file the notice of appeal within ten days after the entry of judgment.* Fed. R.App. P. 4(b)(1)(A). With or without a motion, upon a showing of excusable neglect or good cause, the district court may grant an extension of up to thirty days to file a notice of appeal. Fed. R.App. P. 4(b)(4); *United States v. Reyes,*759 F.2d 351, 353 (4th Cir.1985). “When the government properly objects to the untimeliness of a defendant’s criminal appeal, Rule 4(b) is mandatory and inflexible.” *See United States v. Frias,*521 F.3d 229, 234 (2d Cir.2008) (citations omitted).

The district court entered the criminal judgment against Baltazar on May 14, 2007. The notice of appeal was deemed filed on December 18, 2013. *See Houston v. Lack,*487 U.S. 266, 276, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). Because Baltazar failed to file a timely notice of appeal, we grant the Government’s motion and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*DISMISSED.*

*

 In 2009, Rule 4(b) was amended and the time for filing a notice of appeal was extended from ten to fourteen days. Because Baltazar was sentenced in 2007, the prior version of the Rule applies.
#### James Lester ROUDABUSH, Jr., Plaintiff-Appellant, v. Lieutenant JOSIAH; Sergeant Jessup; Chief Stern; Deputy Stern; Captain Milano; Dana Lawhorne, Sheriff; A. Anderson, AUSA; C.M. Hilton, Usdc-Edva, Defendants-Appellees.

No. 15-7662.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 14, 2016.

Decided: Jan. 20, 2016.

James Lester Roudabush, Jr., Appellant Pro Se. Broderick Coleman Dunn, Alexander Francuzenko, Cook Craig & Francuz-enko, PLLC, Fairfax, Virginia, for Appel-lees.

Before AGEE, WYNN, and FLOYD, Circuit Judges.

*143Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

James Lester Roudabush, Jr., seeks to appeal the district court’s order dismissing his civil action without prejudice. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders. 28 U.S.C. § 1292 (2012); Fed.R.Civ.P. 54(b); *Cohen v. Beneficial Indus. Loan Corp.,*337 U.S. 541, 545-47, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Because the deficiencies identified by the district court may be remedied by the filing of an amended complaint, we conclude that the order Roudabush seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. *Goode v. Cent. Va. Legal Aid Soc’y, Inc.,*807 F.3d 619, 623-25, No. 14-1939, 2015 WL 8289046, at *3-*4 (4th Cir. Dec. 9, 2015); *Domino Sugar Corp. v. Sugar Workers Local Union §92,*10 F.3d 1064, 1066-67 (4th Cir.1993).

Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*DISMISSED.*
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                           6,373
<SECURITIES>                                         0
<RECEIVABLES>                                    9,745
<ALLOWANCES>                                     1,780
<INVENTORY>                                          0
<CURRENT-ASSETS>                                81,434
<PP&E>                                         904,782
<DEPRECIATION>                                  82,033
<TOTAL-ASSETS>                                 904,183
<CURRENT-LIABILITIES>                           34,465
<BONDS>                                        515,265
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         89
<COMMON>                                           273
<OTHER-SE>                                     344,166
<TOTAL-LIABILITY-AND-EQUITY>                   904,183<F1>
<SALES>                                              0
<TOTAL-REVENUES>                               129,130
<CGS>                                                0
<TOTAL-COSTS>                                  110,583
<OTHER-EXPENSES>                                 3,234
<LOSS-PROVISION>                                   970
<INTEREST-EXPENSE>                              36,122
<INCOME-PRETAX>                                  7,966
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              7,966
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                 (2,061)<F2>
<CHANGES>                                            0
<NET-INCOME>                                     5,905
<EPS-PRIMARY>                                    (0.36)
<EPS-DILUTED>                                    (0.36)
<FN>
<F1>Includes minority interests of $9,925.
<F2>Represents an extraordinary loss on early extinguishment of debt.
</FN>
        

</TABLE>
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA F OURTH D ISTRICT

JEROME L. THURSTON , Appellant

,

v.

STATE OF FLORIDA , Appellee

.

No

. 4D2 3

- 190

[ April 13, 2023 ]

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeen th Judicial Circuit, Broward County; Ernest A Kollra, Jr.

, Judge ; L.T. Case No. 18003824CF10A

.
Jerome L. Thurston, De F uniak Springs, pro se

.
No appearance required for appellee

.

P ER C URIAM

.
Affirmed

.

G ROSS , C IKLIN and K UNTZ , J J ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
### IN THE SUPREME COURT OF THE STATE OF MONTANA DA 22 - 0289

_________________ STEVEN MICHAEL FOLEY,

Petitioner and Appellant, v. ST ATE OF MONTANA,

Respondent and Appellee. O R D E R

_________________ Pursuant to the Internal Operating Rules of this Court, this cause is classified for submission on briefs to a five - justice panel of this Court. The Clerk is directed to provide a copy hereof to all counsel of r ecord and to the Honorable Heidi J. Ulbricht , District Judge . For the Court,

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

February 8 2023

02/08/2023
Case Number: DA 22-0289
FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 

77 K Street, NE Washington, DC 20002 

THRIFT SAVINGS PLAN 

FOR IMMEDIATE RELEASE 

October 21 , 2013 

FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 

RELEASES A MOBILE VERSION OF TSP . GOV 

Washingt on, D.C. -- In order to make it easier for 

participants to acce ss their a c count informati on from many 

Android and iOS operating system smartphone devices, t he 

Federal Retirement Thrift Investment Board (FRTIB) deployed 

a mobile version of the TSP website, tsp.gov. This relies 

on "responsive web design" to provide an optimal viewing 

experience based on the type of device the participant is 

usi ng to visit the website. Participants do not need to 

download a n app to enjoy this experi ence. 

The mobi l e version of the My Account section of tsp.gov 

provides participants the informational, transactional and 

interact ive mobility benefit to access their TSP account 

informatio n anytime and anywhere on a smartphone. 

Over the past week alone, there have been over 60,000 logons from a smartphone to the mobile version of tsp.gov. 

The TSP is a retirement savings plan for Feder al employees; 

it is similar t o the 401(k) plans offered by many private 

employers. As of September 2013, TSP assets totaled 

approx imately $375 billion, and retirement savings accounts 

were being maintained for more than 4.6 million TSP 

partici pants. Participants i nclude Federal civi lian 

employe es in all branches of Gov e rnment, employee s o f the 

U.S. Postal Ser vice, and members o f the uniformed servi c e s . 

Additional information can be found at www.tsp.gov . 

MEDIA CONTACT: 

Ki m Wea v er 

2 02-942-1641 

(end)