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  • U.S. Bank Nat'l Ass'n v. Davis

    Publication Date: 2020-06-08
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0585

    Appellant challenged trial court's finding that nonsuit in its first mortgage foreclosure action, based on the failure to prove act 91 notice, barred subsequent foreclosure action on res judicata grounds and court found neither res judicata nor rule 231 barred the subsequent action because there was no decision on the merits in the first action and subsequent action was distinct from the prior action. Reversed.

  • Commonwealth v. Bostian

    Publication Date: 2020-06-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0547

    A trial judge violated the coordinate jurisdiction rule when she reversed a prior decision and dismissed all charges against defendant as the prior determination that the commonwealth presented prima facie evidence for all charges was not clearly erroneous, manifestly unjust or plainly intolerable. The superior court reversed and remanded.

  • Commonwealth v. T.B.

    Publication Date: 2020-06-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0552

    Forensic examiner was properly admitted to provide fact testimony explaining her process for conducting a forensic interview, and such testimony did not constitute expert testimony. Judgment of sentence affirmed.

  • Commonwealth v. Bradley

    Publication Date: 2020-05-25
    Practice Area: Criminal Appeals
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0521

    The commonwealth established that a Williamsport Bureau Police policy barring filming or recording in the police department lobby by members of the public was a reasonable time, place and manner restriction and that defendant was guilty of defiant trespass for violating the policy. The superior court affirmed defendant's judgment of sentence.

  • Rolon v. Davies

    Publication Date: 2020-05-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0509

    Trial court erred in entering nonsuit in favor of surgeon in medical malpractice action because decedent's administrator's expert rendered his testimony to a reasonable degree of certainty but court affirmed jury's verdict in favor of other defendants and ordered a new trial only against surgeon. Vacated in part and affirmed in part.

  • 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. Lively

    Publication Date: 2020-05-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0455

    Consolidation of indictments relating to separate sexual assault victims permissible where evidence from each indictment would be admissible in a separate trial for the other victim to show defendant's common design or plan. Judgment of sentence affirmed.

  • Spector Gadon & Rosen, P.C. v. Rudinski, Orso & Lynch

    Publication Date: 2020-04-27
    Practice Area: Attorney Compensation
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0437

    Appellant appealed the judgment in favor of appellee in its action for conversion against appellant law firm that subsequently represented individual in lawsuit and dispersed proceeds of settlement to individual and court found appellant's conduct did not deprive appellee of the funds but rather provided individual with the funds he could have used to compensate appellee. Vacated and remanded.

  • Commonwealth v. Hopkins

    Publication Date: 2020-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0412

    Trial counsel was ineffective for failing to seek a Frye hearing to preclude commonwealth expert testimony that was not based on any testing or generally accepted scientific methodology. Order of the PCRA court reversed, case remanded.

  • Commonwealth v. McCullough

    Publication Date: 2020-04-06
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0365

    Criminal defendant not entitled to relief from trial judge's alleged ex parte communications where defendant knowingly waived jury trial with knowledge of the alleged communications and waited until after a verdict of conviction to seek recusal. Judgement of sentence affirmed.

  • Cardona v. Buchanan

    Publication Date: 2020-03-23
    Practice Area: Civil Procedure
    Industry: Retail
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0309

    Where the trial court entered a judgment of non-pros due to plaintiff's failure to prosecute her suit and plaintiff failed to file a petition to open before appealing, she waived the single issue raised in her appellate brief. The superior court affirmed.