• Commonwealth v. Williams

    Publication Date: 2024-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 853 MDA 2023

    PCRA court could base ruling on remand on the existing evidentiary record after conducting colloquy to confirm that defendant's waiver of counsel was knowing and voluntary, and where defendant did not object to the PCRA court's determination or request a new evidentiary hearing on remand. Order of the PCRA court affirmed.

  • Trust of John S. Middleton

    Publication Date: 2024-04-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1843 EDA 2022

    Court vacated order compelling trust distributions where there were outstanding questions as to whether the trial court had jurisdiction over the trust following a purported transfer of the trust situs to another jurisdiction. Order of the trial court vacated, case remanded.

  • In re: Trust of John S. Middleton

    Publication Date: 2024-04-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2006 EDA 2022

    Settlor's appeal of dismissal of answer for lack of standing quashed where order determining standing was not a final order, appealable as of right, or a collateral order as it merely resolved settlor's claim to statutory standing to participate in proceedings regarding trust. Appeal quashed.

  • Richmond Waterfront Indus. Park. LLC v. Philadelphia Belt Line R.R. Co.

    Publication Date: 2024-04-12
    Practice Area: Transportation
    Industry: Real Estate | Transportation
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1172 EDA 2023

    Trial court properly concluded it lacked subject matter jurisdiction over action seeking an adjudication that railroad's tracks on plaintiff's property had been abandoned because Surface Transportation Board had held that railroad was a rail carrier and its railroad tracks on the plaintiff's property were within the exclusive jurisdiction of the STB. Affirmed.

  • Poteat v. Asteak

    Publication Date: 2024-04-05
    Practice Area: Contracts
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 729 EDA 2023

    Attorney retainer agreements contained an implicit contractual obligation to provide legal services consistent with that expected from the profession, and thus the trial court erred in converting former client's breach of contract claim into a malpractice claim and dismissing the case under the negligence statute of limitations. Order of the trial court reversed, case remanded.

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    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Five Star Bank & Fin. Inst., Inc. v. Chipego

    Publication Date: 2024-03-29
    Practice Area: Commercial Law
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2432 EDA 2022

    Bank took an interlocutory appeal from the order denying bank's motion to dismiss the New York branch of a class action for lack of standing and court found trial court had subject matter jurisdiction over the New York branch of the action and that New York plaintiffs had standing to pursue relief against bank in this action over vehicle repossession. Affirmed.

  • Matthew 2535 Prop., LLC v. Denithorne

    Publication Date: 2024-03-29
    Practice Area: Real Estate
    Industry: Food and Beverage | Hospitality and Lodging | Real Estate
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 285 EDA 2022

    Sellers challenged equity court's order of specific performance of a real estate contract for the stated price minus insurance proceeds after the building was destroyed by fire before closing and court found the record was devoid of any competent evidence regarding the post-fire value of the property and the only equitable result was a new trial on the amount of the purchase price buyer owed sellers. Vacated and remanded.

  • Commonwealth v. Vance

    Publication Date: 2024-03-29
    Practice Area: Evidence
    Industry: E-Commerce
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2886 EDA 2022

    Appellant appealed the trial court's judgment of sentence of life imprisonment after his jury conviction for his role in a scheme to commit murder-for-hire. The court held that the trial court did not err in admitting Commonwealth's Google GPS location data evidence where the data did not constitute hearsay and was properly admissible as self-authenticating business records.

  • Commonwealth v. Floyd

    Publication Date: 2024-03-29
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 525 EDA 2023

    Commonwealth appealed an order granting appellee's motion to suppress evidence from a search of appellee's vehicle. The court found that since there was probable cause to arrest appellee and for the officers to obtain a warrant to search his vehicle, the evidence recovered from the vehicle had an independent source. Reversed.

  • In the Interest of: S.W.

    Publication Date: 2024-03-29
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22 WDA 2023

    Prospective adoptive parent exception to denial of standing to foster parents remained good law despite enactment of revised version of Juvenile Act. Order of the trial court reversed, case remanded.