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  • In the Interest of: J.R.R.

    Publication Date: 2020-02-24
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0196

    Trial court erred in involuntarily terminating father's parental rights when trial court found a bond between parent and child but failed to make findings as to the emotional impact involuntary termination would have on child. Decree vacated, case remanded.

  • Pass v. Palmiero Automotive of Butler, Inc.

    Publication Date: 2020-02-24
    Practice Area: Contracts
    Industry: Automotive | Retail
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0200

    Appellants appealed the dismissal of their Unfair Trade Practices and Consumer Protection Law and common law fraud action over a car purchase and court found the retail purchase agreement provided the buyer's agreement was "part of" the parties' agreement, the "as-is" box was checked in the buyer's guide and appellants' signatures showed they reviewed the documents and elected not to obtain any dealer warranty. Affirmed.

  • Commonwealth v. Sanders

    Publication Date: 2020-02-17
    Practice Area: Criminal Law
    Industry: Transportation
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0154

    The proof of record did not support a conviction for homicide by vehicle where there was no evidence that defendant, a bus driver who struck a pedestrian while driving a bus, was consciously aware of a substantial and unjustifiable risk created by her conduct that would cause injury to the victim. The superior court reversed defendant's judgment of sentence in part.

  • Commonwealth v. Maldonado-Vallespil

    Publication Date: 2020-01-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0006

    Commonwealth failed to establish locus of criminal act of receiving stolen property where there was no record evidence demonstrating that defendant was located within the commonwealth at any point when he received, retained, or disposed of the stolen goods. Judgment of sentence vacated.

  • US Coal Corp. v. Dinning

    Publication Date: 2019-11-11
    Practice Area: Contractual Disputes
    Industry: Energy | Investments and Investment Advisory
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1315

    Trial court properly granted summary judgment in favor of appellees and awarded sanctions in appellants' action asserting breach of contract, promissory estoppel, unjust enrichment, fraud and negligent misrepresentation over the sale of a company because the release appellants signed was not ambiguous, parol evidence rule barred any extrinsic evidence and there was no evidence to support their other claims. Affirmed.

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  • Radon Constr., LLC v. Land Endeavor 0-2, Inc.

    Publication Date: 2019-11-04
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1302

    Trial court properly concluded that appellant's claim of duress in signing a contract failed because he had the opportunity to consult an attorney, was not physically threatened and discussed the contract with multiple people before he signed it. Affirmed.

  • Thom v. CDM Auto Sales

    Publication Date: 2019-11-04
    Practice Area: Civil Procedure
    Industry: Automotive | Retail
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1306

    Trial court abused its discretion in denying appellant's motion to correct the name of appellee auto sales company in the caption and text of a default judgment. Reversed.

  • S.M.C. v. C.A.W.

    Publication Date: 2019-11-04
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1307

    Trial court did not abuse its discretion in holding that it was in child's best interest for appellant to be liable for child support based on the doctrine of paternity by estoppel because appellant had a long-term in loco parentis relationship with child that began when child was an infant, he held himself out as the child's father for years, formed a close emotional bond with her and listed her as a dependent on his tax returns. Affirmed.

  • Commonwealth v. Caulk

    Publication Date: 2019-10-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1228

    The trial court did not abuse its discretion in denying defendant's motion to preclude evidence of the death of a confidential informant and, instead, accommodated the needs of both parties by allowing the jury to hear evidence of the CI's death but not the cause. The appellate court affirmed defendant's judgment of sentence.

  • TTSP Corp. v. The Rose Corp.

    Publication Date: 2019-09-16
    Practice Area: Dispute Resolution
    Industry: Manufacturing
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1078

    Trial court abused its discretion in overruling buyer's preliminary objections to seller's complaint and erred in failing to transfer the parties' PPA dispute to an independent accountant because trial court erroneously decided an issue of procedural arbitrability and invaded the province of the arbitrator. Reversed.