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  • Maisano v. Avery

    Publication Date: 2019-03-11
    Practice Area: Deals and Transactions | Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0237

    Trial court properly found that appellee breached a property sale agreement with appellants but erred in declining to award the purchase price as damages because a claim for specific performance was a demand for the purchase price. Reversed and remanded.

  • Maisano v. Avery

    Publication Date: 2019-03-04
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0237

    Trial court could entertain real estate seller's action for specific performance of a sales agreement since specific performance would merely be an action for damages in the amount of the purchase price. Judgment affirmed in part and reversed in part, case remanded.

  • Commonwealth v. Odom

    Publication Date: 2019-02-26
    Practice Area: Criminal Law | Motor Vehicle Torts
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0201

    Coin-operated laundromat was not "attended" for purposes of the damage to attended vehicle or property criminal statute where no owner, employee, or agent of the laundromat was present at the time of the accident to watch over or guard the premises. Judgment of sentence vacated.

  • Commonwealth v. Leland

    Publication Date: 2019-02-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0200

    Failure to arraign and take a formal plea on a severed charge at the start of a bifurcated trial did not prejudice defendant's rights where he had notice of the severed charge and had aggressively defended against all charges in his indictment throughout the pre-trial proceedings. Judgment of sentence affirmed.

  • H.Z. v. M.B.

    Publication Date: 2019-02-26
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0208

    Trial court erred in finding that appellant was child's father where there were several allegedly inconsistent genetic tests and trial court made its ruling after continuing the hearing because entering an order before hearing all of the evidence was an abuse of discretion. Va-cated.

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  • Commonwealth v. Williams

    Publication Date: 2019-02-26
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0204

    Appellant not entitled to PCRA relief where his sentence was less than the maximum allowable sentence and where appellant had waived his Rule 600 claim by entering a guilty plea prior to disposition of his motion. Order of the PCRA court affirmed.

  • In re Adoption of C.J.A.

    Publication Date: 2019-02-26
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0205

    Orphans' court correctly denied mother's petition to involuntarily terminate father's parental rights because the adoption act required a court to focus on the six months preceding the filing of the involuntary termination petition and the record was clear that, in that time, father did everything in his power to reestablish a relationship with the child. Affirmed.

  • Jacobs v. Stephens

    Publication Date: 2019-02-26
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0206

    Trial court properly held that husband and plaintiff owned a house as tenants in common and directed partition of the property because both parties executed the tenancy by entirety deed under the honest but mistaken assumption that husband's prior marriage was invalid and they intended to convey some interest in the property to plaintiff but trial court erred in combining that decision with calculations as to val-ues of the parties' respective ownership rights. Judgement vacated and remanded.

  • Dumas v. Brooks

    Publication Date: 2019-01-22
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0059

    Trial court lacked jurisdiction to enter a reconsidered child support order when the order granting reconsideration was received by the prothonotary within the 30-day appeal period and the trial court failed to either issue a reconsidered decision or order additional testimony within 120 days of the receipt of the order by the prothonotary. Order of the trial court vacated.

  • Commonwealth v. Johnson

    Publication Date: 2019-01-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0055

    The trial court committed a clear error of law in analyzing a traffic stop and concluding that the stop was unlawful due to what it believed was the arresting officer's subjective motivation for stopping defendant's vehicle. The appellate court reversed a trial court order granting suppression of evidence.