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

State of Florida 

Opinion filed October 13, 2021.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-0170

Lower Tribunal Nos. 19-22433 CC & 20-164 AP

________________

Union Restoration, Inc. a/a/o Ella and Lloyd Fields,

Appellant,

vs.

Heritage Property & Casualty Insurance Company,

Appellee.

An Appeal from the County Court for Miami-Dade County, Natalie 

Moore, Judge.

Law Office of Asher Perlin, and Asher Perlin (Hollywood), for appellant.

Link & Rockenbach, PA, and Kara Rockenbach Link and Daniel M. 

Schwarz (West Palm Beach), for appellee.

Before SCALES, MILLER and BOKOR, JJ. 

PER CURIAM.
2

Union Restoration, Inc. (“Union”) a/a/o Ella and Lloyd Fields (“the 

insureds”), the plaintiff below, appeals a July 29, 2020 final order dismissing 

its amended complaint for lack of standing. Union is a contractor that 

performed repair services at the insureds’ home after the home incurred 

water damage. Union’s amended complaint alleged a breach of contract 

action against Heritage Property and Casualty Insurance Company, the 

defendant below, based on the insurer’s alleged failure to pay policy benefits 

to Union. Finding no error in the trial court’s determination that the 

assignment attached to the amended complaint is invalid because it was not 

signed by one of the insureds and the mortgagee, as required by the 

underlying property insurance policy, we affirm. See Restoration 1 of Port St. 

Lucie v. Ark Royal Ins. Co., 255 So. 3d 344, 348 (Fla. 4th DCA 2018) (holding 

that a provision of a property insurance policy requiring the consent of all 

insureds and the mortgagee before the insureds’ rights may be assigned is 

enforceable); but see Sec. First Ins. Co. v. Fla. Office of Ins. Regulation, 232 

So. 3d 1157 (Fla. 5th DCA 2017).

Affirmed.
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

ROY CHARLES CARLISI, 

Appellant, 

v. Case No. 5D22-463

LT Case No. 2019-CF-000567

STATE OF FLORIDA, 

Appellee. 

________________________________/ 

Decision filed November 22, 2022

Appeal from the Circuit Court

for Flagler County, 

Terence R. Perkins, Judge.

Michael D. Gelety, Ft. Lauderdale,

for Appellant.

Ashley Moody, Attorney General,

Tallahassee, and Deborah A.

Chance, Assistant Attorney General,

Daytona Beach, for Appellee.

PER CURIAM. 

AFFIRMED. 

LAMBERT, C.J., WALLIS and EDWARDS, JJ., concur.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

CARLTON PRIESTER,

 Appellant,

v.

THE STATE OF TEXAS,

 State.

'

'

'

'

'

'

No. 08-13-00278-CR

Appeal from the

243rd District Court

of El Paso County, Texas 

(TC# 20130D02625)

O R D E R

The Court GRANTS the State=s third motion for extension of time to file the brief 

until September 3, 2014. NO FURTHER MOTIONS FOR EXTENSION OF TIME TO FILE 

THE STATE=S BRIEF WILL BE CONSIDERED BY THIS COURT.

It is further ORDERED that the Hon. Jaime Esparza, the State’s Attorney, prepare the 

State=s brief and forward the same to this Court on or before September 3, 2014.

IT IS SO ORDERED this 22nd day of July, 2014.

PER CURIAM

Before McClure, C.J., Rivera and Rodriguez, JJ.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-2042

GARY D. BEAN,

Plaintiff - Appellant,

versus

UNITED PARCEL SERVICE, INCORPORATED,

Defendant - Appellee.

Appeal from the United States District Court for the District of

Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (CA04-2213-DKC)

Submitted: May 9, 2006 Decided: June 14, 2006

Before WILKINS, Chief Judge, and KING and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

David A. Branch, Washington, D.C., for Appellant. Emmett F. McGee,

Jr., Paul A. Mallos, DLA PIPER RUDNICK GRAY CARY US, L.L.P.,

Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Gary D. Bean appeals a district court order granting summary

judgment against him in his employment discrimination action

against United Parcel Service, Incorporated. Finding no error, we

affirm. We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED
[Federal Register Volume 66, Number 38 (Monday, February 26, 2001)]
[Notices]
[Page 11567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4643]


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

DEPARTMENT OF DEFENSE

Department of the Army


Command and General Staff College (CGSC) Advisory Committee

AGENCY: Department of the Army, DOD.

ACTION: Notice of meeting.

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

SUMMARY: In accordance with Section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463) announcement is made of the following 
committee meeting:
    Name of Committee: U.S. Army Command and General Staff College 
(CGSC) Advisory Committee.
    Dates of Meeting: 19-21 March 2001.
    Place of Meeting: Bell Hall, Room 113, Fort Leavenworth, Kansas 
66027-1352.
    Time of Meeting: 1700-2200 on 19 March 2001; 0730-2100 on 20 
March 2001; and 0730-1400 on 21 March 2001.
    Proposed Agenda:

1700-2200, 19 March 2001: Review of CGSC educational program.
0730-2100, 20 March 2001: Continuation of review.
0730-1030, 21 March 2001: Continuation of review.
1030-1130, 21 March 2001: Executive Session.
1130-1230, 21 March 2001: Report to Commandant.

FOR FURTHER INFORMATION CONTACT: Dr. Philip J. Brookes, Committee's 
Executive Secretary, USACGSC Advisory Committee, 1 Reynolds Ave., Bell 
Hall, Room 119, Fort Leavenworth, Kansas 66027-1352; or phone (913) 
684-2741.

SUPPLEMENTARY INFORMATION: The purpose of the meeting is for the 
Advisory Committee to examine the entire range of college operations 
and, where appropriate, to provide advice and recommendations to the 
College Commandant and faculty.
    The meeting will be open to the public to the extent that space 
limitations of the meeting location permit. Because of these 
limitations, interested parties are requested to reserve space by 
contacting the Committee's Executive Secretary at the above address or 
phone number.

Gregory D. Showalter,
Army Federal Register Liaison Officer.
[FR Doc. 01-4643 Filed 2-23-01; 8:45 am]
BILLING CODE 3710-08-P
Exhibit 32.2

 

CERTIFICATION OF CHIEF FINANCIAL OFFICER 

I certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

1. the Quarterly Report on Form 10-Q of LabOne, Inc. for the period ending March 31, 2004 (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 LabOne, Inc.

 

LabOne, Inc.

Date:  May 7, 2004
By  /s/ *John W. McCarty*
Exhibit
      32.1





**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 SCI Engineered Materials, Inc. (the
      “Company”) on Form 10-Q for the period ending June 30, 2008 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Daniel
      Rooney, Chairman of the Board of Directors, President and Chief Executive
      Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted
      pursuant to § 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 result of operations of the Company.





/s/
                Daniel RooneyDaniel
                RooneyChairman
                of the Board of Directors,President
                and Chief Executive Officer ofSCI
                Engineered Materials, Inc.(Principal
                Executive Officer)August
                5, 2008
**EXHIBIT
      31.1**





Certifications





I,
      Lei,
      Ming, Chief Executive Officer certify that:





1.
      I have
      reviewed this quarterly report on Form 10-QSB of Dark Dynamite Inc.





2.
      Based
      on my knowledge, the 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 quarterly 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 officers and I am responsible for establishing
      and
      maintaining disclosure controls and procedures (as defined in Exchange Act
      Rules
      13a-15(c) and 15d-(e)) for the registrant 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 Registrant, including its consolidates 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 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 Registrant's internal control over financial
      reporting that occurred during the Registrant's most recent fiscal period 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 officers and I have disclosed, based on our most
      recent evaluation, to the registrant's auditors and the audit committee of
      registrant's board of directors (or persons performing the equivalent
      functions):





a)
      all
      significant deficiencies in the design or operation of internal controls which
      could adversely affect the registrant's ability to record, process, summarize
      and report financial data and have identified for the registrant's auditors
      any
      material weaknesses in internal controls (all of which do not apply);
      and





b)
      any
      fraud, whether or not material, that involves management or other employees
      who
      have a significant role in the registrant's internal controls, (all of which
      do
      not apply); and








Date:
      May
      19, 2006








/s/
      Lei, Ming


Lei,
      Ming
Exhibit 31.2

Certification of Chief Financial Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002

I, John W. McCarty, certify that: 

1.) I have reviewed this quarterly report on Form 10-Q of LabOne, 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 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 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 we 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 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 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;

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 registrant's board of directors; 

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 7, 2004

By  /s/ *John W. McCarty*
John W. McCarty, Executive V.P. and Chief
NO. 07-07 -004 61-CR IN THE CO UR T OF APPEA LS FO R THE S EVEN TH D ISTRI CT O F TEXAS

AT AM AR ILLO PAN EL D DE CE MB ER21, 2007

_________

_________

_________

___ HAROLD LORIMER, AP PEL LANT

V. THE S TATE OF TEXAS, APPEL LEE

_________

_________

_________

______ FRO M T HE 13 7 DIS T RI CT COU RT OF L UB BO CKCOU NT Y; TH NO . 200 2- 439,803 ; H ON ORABLE CE CI L G. PU RY EAR , J UD GE

_________

_________

_________

____ Bef ore QUINN, C.J., and CAMPBELL and PIRT LE, JJ. A BA TEMENT A ND R EMA ND Appel lan t H arold Lor imer filed a noti ce of ap peal from his co nv ic ti on for ag g ra v ated sex ual as saul t on Nov ember 7, 2007. On Oct ober 24, 2007, the t ri al cour t fil ed i ts cer ti ficat ion thatappel lan t has the ri g ht of appeal. H ow ev er , t he appe ll ate record r eflect s tha t app ellant failed to sig n the certif ication pursua nt to Te x as Rule of Appe llate Proce dure 25 .2 ( d) w hi c h r eq ui r es the ce rti fi c at i on to be si g ne d by a pp el l an t an d a c op y

s er v ed o n hi m.2

Conse quently, w e ab ate the ap pea l and rem and the cause to the 137 Distri ct Court th of Lub bock Cou nty ( trial court) for f urthe r proceed ings. On rem and , the trial court sha ll utiliz e w hat ever mean s it find s nece ssaryto det ermin e w het her: 1. Appel lan t des ires to prosec ute t he appe al; and 2. If so, to ob tai n hi s s ig nature on an amended tr ial co urt’ s c erti ficat ion . If neces sar

y , the tri al cour

t shal l ex ecut e f ind ing s of fact, conc lus ion s of law , and any orders it may enter regardi n g the aforem ent ione d issues an d cau se its f indings, conc lus ion s, and orders, if any , to be inc lud ed in a suppl emental cl er k’ s record. The tr ial court sha ll file the supp lem ent al clerk’s record and the supp lem ent al repo rter’s record, if any , w it h the C ler k o f this C our t by Ja nuar y 21, 2008. It is so order ed.

Per C ur iam

Do not p ubl is h.
Executive Order 13204

# Revocation of Executive Order on Nondisplacement of 

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered that:

**Section 1.**Executive Order 12933 of October 20, 1994, which requires, with respect to contracts for public buildings, that successive contractors offer a right of first refusal of employment to employees of the prior contractor, is revoked.                

**Sec. 2.**                     The Secretary of Labor (Secretary), the Federal Acquisition Regulatory Council, and heads of executive agencies shall promptly move to rescind any orders, rules, regulations, guidelines, or policies implementing or enforcing Executive Order 12933 of October 20, 1994, to the extent consistent with law.                

**Sec. 3.**                     The Secretary shall terminate, effective today, any investigations or other compliance actions based on Executive Order 12933 of October 20, 1994.                

[FR Doc. 01-4624

Billing code 3195-01-P
<PAGE>

                                                                    Exhibit 32.2

                            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 Superconductive Components,
Inc. (the "Company") on Form 10-QSB for the period ending September 30, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Gerald S. Blaskie, 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:

      (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/ Gerald S. Blaskie
                                           -------------------------------------
                                           Gerald S. Blaskie
                                           Chief Financial Officer of
                                           Superconductive Components, Inc.
                                           November 12, 2004
H. R. 2532

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To designate the Federal building and United States courthouse in Lubbock, Texas,

as the ‘‘George H. Mahon Federal Building and United States Courthouse’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DESIGNATION.

The Federal building and United States courthouse located

at 1205 Texas Avenue in Lubbock, Texas, shall be known and

designated as the ‘‘George H. Mahon Federal Building and United

States Courthouse’’.

SEC. 2. REFERENCES.

Any reference in a law, map, regulation, document, paper,

or other record of the United States to the Federal building and

United States courthouse referred to in section 1 shall be deemed

to be a reference to the ‘‘George H. Mahon Federal Building and

United States Courthouse’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 30, 2014

NO. 03-12-00656-CR

David Gonzales, Appellant

v.

The State of Texas, Appellee

APPEAL FROM 331ST DISTRICT COURT OF TRAVIS COUNTY

BEFORE JUSTICES PURYEAR, ROSE, AND GOODWIN

AFFIRMED -- OPINION BY JUSTICE PURYEAR

This is an appeal from the judgment of conviction entered by the trial court. Having reviewed 

the record and the parties’ arguments, the Court holds that there was no reversible error in the 

trial court’s judgment. Therefore, the Court affirms the trial court’s judgment of conviction.

Because appellant is indigent and unable to pay costs, no adjudication of costs is made.
# Co u r t o f A p p eals

o f th e S tate o f G eo r g ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _

Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A2 4 A0 38 8 . MI CHAEL ALONZ A RUFUS v . THE STATE.

In 2 0 1 2

, M ich ael Al o n za Ru fu s was co n v i ct ed o f p o s s es s i o n o f m ari ju an a wi th

i n t en t t o d i s tri b u t e a nd p o s s es s i o n o f a fi rearm d u ri ng t h e co m m i ss i o n o f a fel o n y

. He fi l ed a t i m el y m o ti o n fo r new t ri al

, wh i ch t h e t ri al co u rt d en i ed

, an d we affi rm ed

h i s co n vi ct i o n s o n ap p eal

. Ru f u s v. S ta t e , 3 2 4 G a. A p p

. X XVIII (Cas e No

. A1 3 A1 41 6

, Sep t. 3 0

, 2 0 1 3 ). In March 2 0 2 1

, Ru fu s fi l ed a s eco n d m o t i on fo r n ew t ri al

b as ed o n n ewl y d i s co v ered ev i d en ce. T h e tri al co u rt d en i ed h i s m o t i o n , an d h e

ap p eal s t h erefro m

. Ru fu s ’ s M arch 2 0 2 1 m o t i o n f o r n ew t ri al m

u s t b e co n s t ru ed as an ex t rao rd i n ary

m o ti o n fo r n ew t ri al b ecau s e i t was fi led aft er t he t ri al co u rt d en ied hi s fi rs t m o t i o n

fo r n ew t ri al an d is b as ed o n a cl ai m o f n ew ev id en ce. See OCGA § § 5 -5 -4 0 (a);

5 -5 -4 1 (b ); Mi t ch um v. S t a t e , 3 0 6 Ga. 8 78

, 8 79 -8 8 2 (1 ) (a) (8 3 4 SE2 d 6 5 ) (2 01 9 ). An

ap p eal fro m t h e den i al o f an ex t rao rd i n ary m o t i o n fo r n ew t ri al req ui res co m p l i an ce

wi t h t he d i s cret i o n ary ap p eal p ro ced u re s et fo rt h i n O CGA § 5 -6
- 3 5. See OCGA §

5 -6 -3 5 (a) (7 ); Ba l

kco m v. S ta t e , 2 2 7 Ga. Ap p

. 3 2 7

, 3 3 1 -3 3 2 (4 8 9 SE2 d 1 2 9 ) (1 9 9 7 ).

“ Th e req u i rem en t s o f OCGA § 5 -6 -3 5 are j u ri sd i ct i o n al

, an d t h i s co u rt can n o t accep t

an ap p eal n o t m ad e i n co m pl ian ce t h erewi t h .” Bo

yl e v. S t a t e , 1 9 0 Ga. Ap p

. 7 3 4

, 7 3 4
(3 8 0 SE2 d 5 7 ) (1 9 8 9 ). Ru fu s ’ s fai l u re to fi l e an ap p l i cat i o n fo r a d i scret i o nary ap p eal

d ep ri v es u s o f ju ri s d ict i o n o v er t h i s d i rect ap p eal , wh i ch i s h ereb y DISM ISSED.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia

C le r k ’ s O f f i c e

, A t la n t a

,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r ti fy t h a t t h e a b o v e i s a t r u e e x t r a c t f r o m

t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i tn e s s m y s i g n a t u r e a n d t h e s e a l o

f s a i d c o u r t
h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. November 08, 2023

11/08/2023
# Version

# Category

# Product

# CookingTips

# CookingMethods

# Data Dictionary
<PAGE>
 
                                                                    EXHIBIT 15.1



May 11, 1997

The Board of Directors

Iwerks Entertainment, Inc.



We are aware of the incorporation by reference in the Registration Statement
(Form S-8 No. 33-77816) pertaining to the Employees' incentive stock options and
other stock option and warrant agreements of Iwerks Entertainment, Inc. of our
report dated April 28, 1997 relating to the unaudited condensed consolidated
interim financial statements of Iwerks Entertainment, Inc. that are included in
its Form 10-Q for the quarter ended March 31, 1997.


                                         /s/ Ernst & Young LLP