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  • Commonwealth v. White

    Publication Date: 2018-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0919

    Term-of-years-to-life sentence affirmed where trial court properly considered mitigating factors and statutory factors in determining minimum sentence, and where term-of-years was sufficiently short to give juvenile defendant a meaningful opportunity for parole. Judgment of sentence affirmed.

  • Weirton Med. Ctr., Inc. v. Introublezone, Inc.

    Publication Date: 2018-08-07
    Practice Area: Business Torts
    Industry: Health Care | Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0875

    Defamation and Lanham Act claims dismissed where allegedly defamatory video did not explicitly identify plaintiff or make false claims about its services. Order of the trial court affirmed in part and reversed in part, case remanded.

  • In re J.T.M.

    Publication Date: 2018-08-07
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0927

    Orphans' court did not abuse its discretion in terminating involuntarily father's parental rights because father made no effort to resist the obstacles that limited his ability to maintain a relationship with the child, sending only one letter in six months to child, child had not seen father in several years, child did not want to be placed in father's care and no conflict existed that warranted the appointment of separate legal counsel for child. Affirmed.

  • In re G.M.S.

    Publication Date: 2018-07-31
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0889

    Orphans' court did not abuse its discretion in involuntarily terminating mother's parental rights because a counsel for the children separate from the GAL was not required. Affirmed.

  • Davis v. Ctr. Mgmt. Grp., LLC

    Publication Date: 2018-07-24
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0855

    Trial court abused discretion in failing to make findings of fact and conclusions of law on the validity of the parties' agreement to arbitrate following preliminary objections in the form of a petition to compel arbitration. Order of the trial court vacated, case remanded.

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    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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  • In re: Adoption of M.D.Q.

    Publication Date: 2018-07-24
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0858

    Involuntary termination of parental rights vacated where counsel appointed to advocate for children's legal interest failed to place the children's preferred outcomes on the record or make any argument or statement on their behalf, in violation of the children's statutory right to client-directed counsel in involuntary termination proceedings. Order of the trial court vacated, case remanded.

  • In re: Adoption of D.M.C. and A.L.C.

    Publication Date: 2018-07-24
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0857

    Trial court erred by involuntarily terminating parental rights where it appointed counsel without expressly stating whether counsel would advocate for children's best interests or would serve children's statutory right to counsel representing their legal interests. Order of the trial court vacated, case remanded.

  • Commonwealth v. Shannon

    Publication Date: 2018-05-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0542

    The PCRA court properly dismissed appellants PCRA petition and properly denied his motion for the recusal of the entire county bench based on racially offensive emails sent to the members of the county criminal justice system because the purportedly newly-discovered evidence did not support his claim of bias, the judge in appellants case did not receive the offensive email and there was nothing to show the judge was unfair or incompetent to consider appellants PCRA petition. Affirmed.

  • In re: Adoption of T.M.L.M.

    Publication Date: 2018-05-01
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0416

    The minor child in this case involving the potential involuntary termination of his mothers parental rights was deprived of his right to counsel where assigned counsel only expressed concern for the childs best interests but did not address the childs preferred outcome. The appellate court vacated and remanded.

  • Burlingame v. Dagostin et al

    Publication Date: 2018-04-17
    Practice Area: Business Torts
    Industry: Agriculture
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0446

    In this case of first impression, the appellate court clarified what qualified as the agricultural operation against which plaintiffs nuisance claim was brought, concluding that it was the defendants farm operation, not the farms recently formed concentrated animal feeding operation. The appellate court affirmed a trial court order granting defendants summary judgment.