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  • Commonwealth v. Yaw

    Publication Date: 2023-12-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2643 EDA 2022

    Post Conviction Relief Act petition alleging ineffective assistance of counsel due to the failure to investigate a diminished defense capacity was correctly dismissed where there was substantial evidence showing that defendant could form the intent to inflict severe or fatal injuries on the victim. Order of the PCRA court affirmed.

  • Hosler v. Tweedlie

    Publication Date: 2023-11-20
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2 MDA 2022

    Trial court erred in applying an implied warranty of habitability where seller lacked the knowledge and expertise to qualify as a builder-vendor. Judgment of the trial court affirmed in part and vacated and remanded in part.

  • R.A. Greig Equip. Co. v. Mark Erie Hospitality, LLC

    Publication Date: 2023-11-06
    Practice Area: Contracts
    Industry: Construction | Hospitality and Lodging
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 217 WDA 2023

    Trial court properly dismissed mechanics' lien claim where lien sought to recover the value of leased equipment and rental payments but the Mechanics' Lien Law only permitted recovery for "materials" that were incorporated into or used on the property. Order of the trial court affirmed.

  • Commonwealth v. Lowe

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 868 WDA 2022

    Trial court lacked authority to authorize parole before expiration of minimum sentence for Recidivism Risk Reduction Incentive program-ineligible defendant sentenced to a maximum term of two or more years. Judgment of sentence vacated, case remanded for resentencing.

  • Commonwealth v. Bartic

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 32 WDA 2022

    Trial court did not abuse sentencing discretion in sentencing defendant to indirect criminal contempt of a PFA order where, as required by applicable provisions of the sentencing code, the trial court took evidence regarding the circumstances of the offense and defendant's rehabilitative needs. Judgment of sentence affirmed, case remanded for correction of clerical error.

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

    View this Book

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  • Commonwealth v. Sheets

    Publication Date: 2023-09-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 580 MDA 2022

    Appellant challenged his convictions for two counts of attempted murder and court found evidence supported two attempted murder convictions because commonwealth proved appellant took a substantial step towards an intentional killing and committed two separate, complete acts of attempted murder against victim at 11:30p.m. and again the next morning when he discovered victim was still alive. Affirmed.

  • Doe v. The Cheesecake Factory

    Publication Date: 2023-09-04
    Practice Area: Dispute Resolution
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 254 EDA 2022

    Trial court properly confirmed an arbitration award where the arbitration agreement's resolution of disputes provision gave arbitrator the exclusive authority to resolve any dispute relating to arbitrability and trial court lacked authority to examine the merits of arbitrator's decision concerning the claims covered. Affirmed.

  • Commonwealth v. Dove

    Publication Date: 2023-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1380 MDA 2022

    Rape and aggravated indecent assault convictions did not merge for sentencing purposes where rape included the element of sexual intercourse while aggravated indecent assault could be accomplished by digital penetration, which did not qualify as sexual intercourse, and the incidents leading to the convictions occurred in separate criminal acts. Judgment of conviction affirmed, case remanded.

  • Commonwealth v. Jeter

    Publication Date: 2023-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1523 WDA 2021

    Trial court erroneously denied evidentiary hearing where defendant specifically alleged that a juror discussed the case during trial with a family member after telling the family member that she was having difficulty deciding the case. Order of the trial court vacated, case remanded.

  • Commonwealth v. Dahl

    Publication Date: 2023-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 309 WDA 2022

    Appellant appealed the trial court's judgment of sentence, challenging the trial court's order imposing victim restitution. The court vacated appellant's sentence and remanded for resentencing.