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Publication Date: 2020-11-30
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1294
Trial court erred in involuntarily terminating parental rights and ordering permanency goal change to adoption for 15-year-old child where child's legal counsel failed to offer any advocacy beyond placing child's preferences on the record and where the record did not clearly demonstrate child's statutorily-required consent to adoption. Order of the trial court vacated, case remanded.
Publication Date: 2020-11-02
Practice Area: Real Estate
Industry: Financial Services and Banking
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1196
Trial court properly granted partial summary judgment in appellants' action alleging trespass, conversion and conspiracy, defendants moved to quash appellants' appeals and court upheld trial court's pretrial rulings, agreed the statute of limitations barred the trespass claims, conspiracy claims failed as a matter of law and quashed the appeals. Judgment affirmed, appeals quashed in part.
Publication Date: 2020-10-19
Practice Area: Family Law
Industry: State and Local Government
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1139
Trial court properly found probable cause to compel parents' cooperation in a Department of Human Services home visit and did not apply an improper probable cause standard in ordering parents' compliance since there was a fair probability that children could have been in need of services and evidence relating to that need could have been found inside the home but did err in ordering mother not to record DHS employees acting in their official capacities. Affirmed in part and reversed in part.
Publication Date: 2020-08-17
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0886
Trial court erred in ordering injunctive relief under a theory of easement by prescription where trial court failed to resolve whether road over which the alleged easement ran was a private road, or a public road that would require the joining of municipalities as indispensable parties. Appeal quashed in part; vacated and remanded in part.
Publication Date: 2020-08-10
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0849
The trial court erred in ordering defendant, who murdered his wife, disposed of her body in a lake and told the U.S. Coast Guard that she had fallen overboard, to pay restitution to the Coast Guard because the Coast Guard did not qualify as a "victim" under 18 Pa.C.S. §1106(a). The superior court vacated the restitution portion of defendant's judgment of sentence.
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Publication Date: 2020-07-13
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0721
The trial courterred in imposing a mandatory minimum sentenceupon defendant as a second-strike offender of a crime of violence under 42 Pa.C.S. §9714where defendant's 1994 conviction for burglary was not an equivalent offense to his current burglary conviction given the changes in the crime's statutory elements. The superior court remanded for resentencing.
Publication Date: 2020-07-13
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0721
The trial courterred in imposing a mandatory minimum sentenceupon defendant as a second-strike offender of a crime of violence under 42 Pa.C.S. §9714where defendant's 1994 conviction for burglary was not an equivalent offense to his current burglary conviction given the changes in the crime's statutory elements. The superior court remanded for resentencing.
Publication Date: 2020-04-27
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0436
Trial court properly granted wife's motion to dismiss husband's petition to terminate alimony because husband's claims for modification were insufficient as a matter of law since the alimony arose from the parties' agreement, not a court-order, and agreement did not permit judicial modification. Affirmed.
Publication Date: 2020-04-27
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0434
Court quashed appeal of trial court's denial of application for injunctive relief to preserve status quo where merits case had been appealed to the supreme court, requiring filing the application for injunctive relief with the appellate court. Appeal quashed.
Publication Date: 2020-03-16
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0284
The trial court erred in failing to convene a contempt hearing and make its own findings of fact before finding father in contempt and instead adopting a hearing officer's factual determination that father's failure to pay the costs of a custody evaluation was willful. The superior court vacated a contempt order and remanded.
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