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  • Commonwealth v. Prince

    Publication Date: 2024-08-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1836 EDA 2023

    Commonwealth appealed the trial court's judgment of sentence ordering appellee to serve his incarceration for driving under the influence in county jail rather than a state correctional facility. The court vacated and remanded for resentencing, holding that the trial court had discretion to sentence appellee to county jail so that he could receive additional treatment despite an evaluator's recommendation of no treatment, but that the trial court failed to make the necessary factual findings to support that sentence.

  • Cedarbrook Plaza v. Schwartz

    Publication Date: 2024-08-09
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1437 EDA 2023

    Tenant appealed the trial court's order granting partial summary judgment in favor of landlord in a commercial lease dispute over unpaid rent and related charges. The court affirmed, holding that the mandatory closure of non-essential businesses for 77 days during the outset of the COVID-19 pandemic did not support the commercial tenant's assertion of the doctrine of frustration of purpose where the tenant afterward voluntarily elected not to return to the leased premises for the remainder of its lease term.

  • Odedeyi v. Wells Fargo Bank

    Publication Date: 2024-08-02
    Practice Area: Banking and Finance Laws
    Industry: Financial Services and Banking | Construction
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1277 EDA 2023

    Trial court erred in denying prejudgment interest in conversion claim where bank accepted two-party check that contained a forged signature of one of the parties, which was ineffective to negotiate the check, and where interest could be reasonably calculated. Order of the trial court reversed, case remanded.

  • Estate of Walter Edmonds, deceased v. Zandieh

    Publication Date: 2024-08-02
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2500 EDA 2023

    The court reversed the decree of the orphans court denying appellant's petition seeking specific performance of an agreement for the sale of real estate with a beneficiary of an estate.

  • Estate of: J.L.C.

    Publication Date: 2024-08-02
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 502 EDA 2023

    Trial court erred in appointing GAL for an indefinite period in response to petition for appointment of guardian of the person and estate, without making a finding of incapacity. Order of the trial court vacated.

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    Delaware County Court Rules 2024

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  • Martin v. Martin

    Publication Date: 2024-08-02
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1495 WDA 2022

    Trial court erred in reducing spouse's equitable distribution of ex's military pension where spouse's distributed share of the marital portion of the pension would still be less than the 50 percent limit on distributions to divorced spouses. Decree of the trial court affirmed in part and vacated and remanded in part.

  • FedEx Corp. Servs., Inc. v. Costume Gallery, Inc.

    Publication Date: 2024-08-02
    Practice Area: Damages
    Industry: Financial Services and Banking | Cargo and Shipping | Manufacturing
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1585 EDA 2023

    Parties claiming ownership of levied property had standing to file a petition to set aside based on an untimely levy following issuance of the writ off execution. Order of the trial court vacated.

  • Commonwealth v. Frye

    Publication Date: 2024-07-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Sullivan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 140 EDA 2023

    Trial court erred in finding insufficient evidence to establish mens rea for third-degree murder based on a "single punch," given the victim's incapacitation due to alcohol intoxication and defendant's unprovoked punch, failure to render aid, and attempt to cover up the facts. Order of the trial court reversed, case remanded.

  • Commonwealth v. Miller

    Publication Date: 2024-07-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 30 WDM 2024

    Court of Common Pleas did not abuse discretion in revoking bail based on information about the alleged offenses that indicated defendant's mental health status made him a threat to public safety. Order of the trial court affirmed.

  • Mazzarese v. Mazzarese

    Publication Date: 2024-07-26
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Sullivan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 428 WDA 2023

    Court affirmed trial court's order denying appellant's demand that the incomes of her children's maternal grandparents be included in the calculation of her child support obligations.