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  • Commonwealth v. Heyboer

    Publication Date: 2022-08-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0888

    Where defendant passed away prior to a requested trial de novo, the trial court erred in dismissing defendant's summary appeal and in not abating the charges where the defendant's death would make holding a trial de novo impossible. Order of the trial court reversed, judgment vacated, charges abated.

  • Fineman, Krekstein & Harris, P.C. v. Perr

    Publication Date: 2022-07-18
    Practice Area: Labor Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0796

    Trial court erred in staying arbitration of certain claims pending resolution of the judicial case, where only judicial claims could be stayed pending arbitration or both sets of claims could proceed simultaneously following severance of the claims, if possible. Order of the trial court affirmed in part and reversed in part, case remanded.

  • Estate of Schwartz v. Becker

    Publication Date: 2022-05-23
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0568

    Orphans' court did not err in upholding register of wills' denial of appellant's petition for letters of administration for intestate decedent because appellant was an adverse party to the estate in pending litigation regarding the property. Affirmed.

  • Khalil v. Travelers Indem. Co. of Am.

    Publication Date: 2022-05-09
    Practice Area: Real Estate
    Industry: Insurance | Legal Services | Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0515

    Trial court properly entered summary judgment as to all appellees on the basis of res judicata in dispute over water damage to a condominium unit and a settlement agreement in that action because appellant could have raised fraud on prior occasions and her failure to use those opportunities precluded her from alleging fraud in this case. Affirmed.

  • Commonwealth v Garcia

    Publication Date: 2022-04-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0451

    The trial court erred in denying defendant's motion to withdraw his guilty plea on charges of sexual assault where defendant asserted a consent defense that was at least plausible and there was no basis to find that withdrawal of his plea would result in substantial prejudice to the prosecution. The superior court reversed.

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  • Commonwealth v. Williams

    Publication Date: 2022-04-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0401

    Trial court erred in admitting expert testimony from a lay witness regarding under-disclosure of sexual abuse by child victims, where the questioning about under-disclosure was framed within the context of the witness's professional experience interviewing child victims of abuse. Judgment of sentence vacated, case remanded for a new trial.

  • Commonwealth v. Green

    Publication Date: 2022-04-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0363

    Defendant entitled to imperfect self-defense instruction after testifying about his subjective belief that he was in danger of death or serious injury from the victims. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Edgin

    Publication Date: 2022-04-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0366

    Suspicion of DUI through heavily trafficked area was itself insufficient to give rise to exigent circumstances for a warrantless entry into the DUI suspect's residence. Judgment of sentence vacated, case remanded.

  • Artisan Builders, Inc. v. Jang

    Publication Date: 2022-03-14
    Practice Area: Contracts
    Industry: Construction
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0281

    Where parties' construction contract was found invalid due to failure to comply with statutory requirements, trial court erred in evaluating contractor's evidence of loss under the damages standard for an unjust enrichment claim rather than the proper standard of a quantum meruit claim. Judgment of the trial court reversed, case remanded.

  • Turner v. Estate of Baird

    Publication Date: 2022-02-21
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0185

    Trial court erred in ruling on appellees' action for ejectment, quiet title, trespass and injunctive relief in dispute over a piece of un-deeded property between the parties' properties because the abandoned roadway was never vacated, borough was an indispensable party and trial court lacked jurisdiction. Order vacated.