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  • M.S. v. J.D.

    Publication Date: 2019-07-29
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0875

    Trial court correctly denied grandparent's petition to intervene in a custody matter where grandparents failed to establish statutory requirements for standing or prove that both parents were without care or control over the child. Order of the trial court affirmed.

  • Commonwealth v. Moore

    Publication Date: 2019-07-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0810

    Trial court properly denied Rule 600 motion to dismiss where magisterial district judge ordered sua sponte continuance of pretrial hearings and where commonwealth exercised due diligence in bringing defendant to trial within the mechanical run period. Judgment of sentence affirmed.

  • Keller v. The Bank of New York Mellon

    Publication Date: 2019-06-10
    Practice Area: Tax
    Industry: Financial Services and Banking | Real Estate
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0676

    Purchasers of foreclosed properties at sheriff's sale were precluded from challenging assessment of state and local transfer taxes where purchasers failed to avail themselves of the statutory remedy of filing exceptions to the sheriff's proposed schedule of distributions. Orders of the trial court affirmed.

  • Commonwealth v. Russell

    Publication Date: 2019-05-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0620

    Evidence was sufficient to convict for aggravated assault where it demonstrated that appellant shoved his elderly victims to the ground and down flights of stairs, which could support the jury's inference that appellant intended to inflict serious bodily injury. Judgment of sentence affirmed.

  • Commonwealth v. Geary

    Publication Date: 2019-05-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0619

    Voluntariness of consent to blood draw was not undermined where consent form merely warned suspect of the permissible civil and evidentiary consequences of a refusal to consent. Order of the trial court reversed, case remanded.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

    View this Book

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  • Seeley v. Caesars Ent. Corp.

    Publication Date: 2019-04-15
    Practice Area: Personal Injury | Premises Liability
    Industry: Entertainment and Leisure
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0418

    Trial court properly dismissed plaintiff's premises liability action over a slip and fall in a New Jersey casino for lack of personal jurisdiction because plaintiff failed to show contacts between defendant casino and its Delaware holding company owner and Pennsylvania which would have made defendants reasonably aware they could be hauled into court in Pennsylvania. Affirmed.

  • In re: Passarelli Family Trust

    Publication Date: 2019-04-15
    Practice Area: Family Law | Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0425

    Irrevocable trust was not procured by fraudulent misrepresentation due to co-settlor's failure to specifically describe each individual asset being contributed to the trust where identifying the corporation holding the assets was enough to identify the scope of assets. Order of the trial court reversed.

  • Commonwealth v. Sharaif

    Publication Date: 2019-03-25
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0319

    Order suppressing evidence reversed where trial court failed to fulfill mandatory obligation to make findings of fact and conclusions of law in support of its order. Order of the trial court reversed, case remanded.

  • Commonwealth v. Lee

    Publication Date: 2019-03-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0283

    Defendant, who was over 18 years of age when she committed second-degree murder, could not rely on the U.S. Supreme Court's ruling in Miller v. Alabama, barring most mandatory life without parole sentences for those under the age of 18, since age is the sole factor in determining whether Miller applies to overcome the Post Conviction Relief Act time-bar. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Sanchez

    Publication Date: 2019-03-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0227

    The trial court properly dismissed defendant's petition for relief under the Post Conviction Relief Act as untimely where defendant failed to meet the 60-day time requirement under §9545(b)(2) and failed to explain how certain "newly discovered facts" about a detective held civilly liable could not have been ascertained sooner. The appellate court affirmed defendant's judgement of sentence.