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Publication Date: 2019-02-26
Practice Area: Civil Procedure | Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0206
Trial court properly held that husband and plaintiff owned a house as tenants in common and directed partition of the property because both parties executed the tenancy by entirety deed under the honest but mistaken assumption that husband's prior marriage was invalid and they intended to convey some interest in the property to plaintiff but trial court erred in combining that decision with calculations as to val-ues of the parties' respective ownership rights. Judgement vacated and remanded.
Publication Date: 2019-01-22
Practice Area: Civil Procedure | Family Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0059
Trial court lacked jurisdiction to enter a reconsidered child support order when the order granting reconsideration was received by the prothonotary within the 30-day appeal period and the trial court failed to either issue a reconsidered decision or order additional testimony within 120 days of the receipt of the order by the prothonotary. Order of the trial court vacated.
Publication Date: 2019-01-22
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 19-0055
The trial court committed a clear error of law in analyzing a traffic stop and concluding that the stop was unlawful due to what it believed was the arresting officer's subjective motivation for stopping defendant's vehicle. The appellate court reversed a trial court order granting suppression of evidence.
Publication Date: 2019-01-22
Practice Area: Trusts and Estates
Industry: Legal Services
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0068
Trial court properly granted summary judgment to attorneys in nephew's action asserting attorneys caused the frustration of decedent's testamentary intent to leave all his assets to nephew because under Agnew v. Ross, 152 A.3d 247, nephew lacked standing to sue decedent's attorneys for malpractice based on an unexecuted trust and Agnew prohibited use of intrinsic evidence to establish third-party standing to bring a legal malpractice action. Affirmed.
Publication Date: 2019-01-08
Practice Area: Fee Disputes | Trusts and Estates
Industry: Insurance
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
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Case Number: 18-1595
Orphans' court correctly concluded charitable trust was not entitled to payment from settlor's insurance trust where charitable trust's right to payment would not vest until the death of the named surviving beneficiaries. Order of the orphans' court affirmed in part and reversed in part.
Law Journal Press | Digital Book
Authors: Michael D. Malfitano
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Publication Date: 2019-01-01
Practice Area: Criminal Law | Judges
Industry: Legal Services
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
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Case Number: 18-1586
Recusal motion judged erred in declaring trial judge incompetent to testify despite allegations underlying motion concerning ex parte communications from trial judge and in allowing defendant's former counsel to seek a complete waiver of attorney-client privilege. Order reversed, case remanded.
Publication Date: 2019-01-01
Practice Area: Family Law
Industry: Construction | Real Estate
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
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Case Number: 18-1581
The trial court acted within its discretion in relying on the value of husband's initial contribution to a real estate project, as agreed upon the contributing partners, in evaluating this marital asset and finding that wife was entitled to compensation for her contribution during the pre-separation phase of the project. The appellate court affirmed.
Publication Date: 2018-12-25
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
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Case Number: 18-1556
Commonwealth erroneously amended criminal information to add different charges that prejudiced defendant by allowing prosecutors to portray defendant as a drug dealer and thereby required defendant to adopt a new defense strategy. Judgment of sentence vacated, case remanded.
Publication Date: 2018-12-25
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1557
Orphans' court properly involuntarily terminated mother's parental rights to her children because CYF met its burden of proving that mother's parental rights ought to be terminated and while mother did not waive her challenge to the orphan's court's failure to appoint legal counsel for the children by raising the issue for the first time on appeal, the children's legal interests were adequately represented by the GAL. Affirmed.
Publication Date: 2018-12-18
Practice Area: Family Law
Industry: Legal Services
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1539
Trial court properly terminated father's parental rights to the oldest and youngest children but erred in terminating his rights to middle child because she opposed the termination and the attorney for the children erred in serving as middle child's GAL and legal counsel. Vacated in part and affirmed in part.
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