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Publication Date: 2024-07-19
Practice Area: Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge Nichols
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for defendant:
Case Number: 2103 EDA 2021
Appellant family trust appealed the trial court's judgment in favor of appellee in appellee's quiet title action. The court reversed, struck the trial court's judgment, and remanded for further proceedings. The court held that appellant was not required to take immediate interlocutory appeal from the trial court's denial of its petition to strike or open a default judgment, rendering its notice of appeal timely filed after the trial court's entry of a final judgment in favor of appellee. The court held further that appellee's quiet ti
Publication Date: 2024-06-28
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Nichols
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Case Number: 2771 EDA 2022
Appellant appealed from the orphans' court's order removing him as administrator of his deceased mother's estate and appointing a replacement administratrix. The court affirmed, holding that the orphans' court had subject matter jurisdiction where appellant failed to establish that his absent siblings were indispensable parties to the proceedings, as they had previously renounced their right to administer decedent's estate and appellant identified no other right or interest that required their joinder.
Publication Date: 2024-06-21
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Nichols
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Case Number: 44 MDA 2023
Appellant appealed the trial court's order granting summary judgment in favor of defendant healthcare providers. The court reversed and remanded for further proceedings, holding that when the record was viewed in appellant's favor as the non-movant, genuine issues of material fact existed as to whether appellees committed gross negligence in evaluating and releasing appellant's deceased brother, who killed himself shortly after expressing suicidal thoughts and seeking mental health treatment.
Publication Date: 2024-05-03
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Nichols
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Case Number: 626 MDA 2022
Appellant appealed the trial court's judgment of sentence imposed for exceeding the maximum speed limit following a summary appeal. The court affirmed, holding that Commonwealth's prima facie evidence that a trooper's speedometer was accurate supported appellant's conviction for speeding.
Publication Date: 2023-12-25
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Nichols
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Case Number: 647 EDA 2023
Court found no abuse of sentencing discretion in imposing above-Guidelines sentence with consecutive terms where trial court based its decision on defendant's rehabilitative needs, the gravity of his offenses, the effects suffered by victims, and the need for protection of the public. Judgment of sentence affirmed.
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Publication Date: 2023-11-20
Practice Area: Landlord Tenant Law
Industry: Automotive | E-Commerce | Retail
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
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Case Number: 1946 EDA 2022
Trial court properly declined to open default judgment where movants failed to present evidence showing that the person who accepted service of process at movants' place of business was not an employee or agent authorized to accept service. Order of the trial court affirmed.
Publication Date: 2023-08-21
Practice Area: Corporate Entities
Industry: E-Commerce | Education
Court: Superior Court
Judge: Judge Nichols
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Case Number: 266 WDA 2022
Although defendants lacked authority under LLC operating agreement to execute written consent amending the agreement, the trial court prematurely ordered LLC's dissolution where members had yet to engage in binding mediation as required by the operating agreement. Judgment of the trial court affirmed in part and reversed and remanded in part.
Publication Date: 2023-07-10
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
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Case Number: 3024 EDA 2022
Mother moved to vacate the decrees terminating her parental rights and court found trial court committed an error of law and abused its discretion in dismissing children's TPR counsel from the November 2022 hearing and deprived children of their statutory right to counsel. Decrees vacated.
Publication Date: 2023-06-26
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 1146 EDA 2022
Evidence was sufficient to convict for drug conspiracy where a defendant could have criminal liability for entering a conspiracy with law enforcement officers or police informants as part of a law enforcement investigation or sting operation. Judgment of conviction affirmed, judgment of sentence vacated in part and affirmed in part.
Publication Date: 2023-06-19
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 361 WDA 2022
Omnibus motion to dismiss DUI charges denied where challenges to legality of traffic stop and arrest were known to defendant and could have been raised in the initial omnibus motion; however, multiple DUI convictions should have merged for sentencing purposes. Conviction affirmed, judgment of sentence vacated, case remanded for resentencing.
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