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  • Cogan House Twp. v. Lenhart

    Publication Date: 2023-11-20
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CV 14-02,035

    Property owners, as counterclaim plaintiffs, filed a motion for post-trial relief in which they challenged numerous findings of fact and conclusions of law by the court after a bench trial in their action alleging harm arising from stormwater runoff after construction of a road project. The court denied the motion in its entirety.

  • Hosler v. Tweedlie

    Publication Date: 2023-11-20
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2 MDA 2022

    Trial court erred in applying an implied warranty of habitability where seller lacked the knowledge and expertise to qualify as a builder-vendor. Judgment of the trial court affirmed in part and vacated and remanded in part.

  • In re Upset Sale, Tax Claim Bureau of Tioga County

    Publication Date: 2023-11-20
    Practice Area: Real Estate
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1285 C.D. 2022

    Trial court properly found the challenged tax sale of appellant's property was properly noticed, the property was posted, appellant received personal service of the notice and there was no legal basis to award equitable relief based on the sale price. Affirmed.

  • Fidelity Nat'l Title Ins. Co. v. DMS Realty, Inc.

    Publication Date: 2023-11-20
    Practice Area: Real Estate
    Industry: Food and Beverage | Insurance | Real Estate
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Carlucci
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-00701

    The defendants filed preliminary objections on four counts against the plaintiffs' claim that they had been defrauded in a real estate transaction to which some warranties of title were applicable. The court explained in its 210 Pa. Code §1925 opinion why it granted in part and denied in part the defendants' preliminary objections.

  • Dice v. Chocha-Pipan

    Publication Date: 2023-11-13
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1414 MDA 2022

    Court affirmed dismissal of petition to set aside sheriff's deed where petitioner failed to challenge each independent basis for the trial court's decision. Order of the trial court affirmed.

  • 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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  • Rosadio v. Rodriguez

    Publication Date: 2023-11-13
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3902 CIVIL 2023

    Plaintiff sought judgment on the pleadings in her action to eject defendant from residential real property. The court granted the motion.

  • Sterba v. Daniels

    Publication Date: 2023-11-13
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5396 CV 2022

    Plaintiff, as administratrix of her deceased son's estate, filed suit to eject defendants from real property. The court found in favor of plaintiff, awarding ejectment and damages, where defendants failed to assume a mortgage on the property and thus offered no consideration for plaintiff's earlier promise to convey.

  • Commonwealth of Pennsylvania Game Comm'n v. Kapec

    Publication Date: 2023-11-06
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1185 C.D. 2022

    Trial court erred in adjudicating the parties' quiet title action where the parties still had outstanding factual disputes and the trial court never held an evidentiary hearing to permit factfinding. Order of the trial court vacated and remanded.

  • Tank Car Corp. of Am. v. Springfield Twp.

    Publication Date: 2023-11-06
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Mccullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1043 C.D. 2021

    Trial court properly valued a property after township condemned formerly contaminated property for a park because trial court's factual finding that the lease was not in effect was supported by substantial competent evidence, neither appraisers' valuation accurately stated the fair market value of the property, trial court properly applied the cost-to-cure approach and properly rejected township's claimed deduction for environmental stigma. Affirmed.

  • City of Philadelphia v. Williams

    Publication Date: 2023-10-30
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Coyle
    Attorneys: For plaintiff:
    for defendant:
    Case Number: T0221

    The court requested that its judgment dismissing a petition for distribution of proceeds of a sheriff's sale of real estate in 2014 be affirmed. It said that the Office of State Treasurer should take temporary custody of the unclaimed proceeds pursuant to the Pennsylvania Disposition of Abandoned and Unclaimed Property Act until the rightful owner submits a claim.