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  • In re Estate of Tomcik

    Publication Date: 2022-11-28
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 984 WDA 2021

    Orphans' court properly clarified orders denying appellant's motion to dismiss estate's action, imposed sanctions and directed appellant to pay the previously agreed-upon settlement and court awarded additional counsel fees due to appellant's obdurate, dilatory and vexatious conduct. Affirmed.

  • In re: Estate of Byerley

    Publication Date: 2022-10-31
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2572 EDA 2021

    Trial court correctly accepted more-recently executed will for probate where evidence demonstrated that will was validly executed and challenging beneficiary failed to present any evidence of testator's weakened intellect to support a claim of undue influence. Order of the trial court affirmed.

  • In the Interest of M.A.

    Publication Date: 2022-10-31
    Practice Area: Family Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1003 WDA 2021

    Attorney, who allegedly represented an allegedly incapacitated person, appealed the striking of his appearance and court found orphans' court did not hold a hearing or render findings, failed to consider a less restrictive alternative to guardianship and the petitions and orders did not comply with orphans' court rules. Vacated and remanded.

  • Trust B Under Agreement of Wells

    Publication Date: 2022-09-26
    Practice Area: Trusts and Estates
    Industry: Education | Non-Profit
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1269 WDA 2021

    Orphans' Court properly denied appellant university and trust beneficiary's motion to terminate the trust because appellant had not proven the existence of "administrative expense or other burdens unreasonably out of proportion to the charitable benefits" as required by 20 Pa.C.S.A. §7740.3(e). Affirmed.

  • Jones v. Erie Ins. Exch.

    Publication Date: 2022-09-26
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 690 WDA 2020

    Personal auto insurer could not use policy exclusion to avoid obligation to provide underinsured motorist coverage, where Motor Vehicle Financial Responsibility Law required an insured to execute a statutorily prescribed form to waive UIM coverage. Judgment of the trial court reversed, case reamended.

  • 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

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  • Commonwealth v. McMahon

    Publication Date: 2022-08-29
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0976

    Trial court did not err in denying appellant's motion to suppress marijuana cigarettes officers saw in vehicle's center console cupholder during a legitimate traffic stop because officers had lawful right to seize evidence observed in plain view. Affirmed.

  • Laret v. Wilson

    Publication Date: 2022-07-25
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0825

    Trial court erred in sustaining preliminary objections to partition action where plaintiff had adequately pled an equitable interest in the subject property. Order of the trial court reversed, case remanded.

  • Adams v. Mt. Lebanon Operations, LLC

    Publication Date: 2022-06-13
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0653

    The trial court properly refused to enforce an arbitration provision in an admission agreement executed before the decedent was admitted to a nursing home since the defendant nursing home failed to prove that decedent authorized plaintiff to be her power of attorney. The appellate court affirmed.

  • In re Trust Established Under Agreement of Scaife

    Publication Date: 2022-06-06
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0635

    Orphans' court properly compelled discovery based on a fiduciary exception to the attorney-client privilege.

  • Porter v. Nikita Lodging, Inc.

    Publication Date: 2022-05-16
    Practice Area: Real Estate
    Industry: Construction | Real Estate
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0550

    Appellants appealed the imposition of sanctions for their failure to comply with a court order to stabilize a family cemetery that appellants' construction had threatened and court found appellants failure to timely appeal a November 2019 order issuing an injunction waived any issues relating to that order and the September 2021 order imposing sanctions of $397,000 was not final and appealable. Appeal quashed.