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Categorical
judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
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Court declined to dismiss contract claims against defendant bank by account holder who had become a victim of check fraud where account holder adequately alleged a reasonable expectation that defendant would monitor for fraud and defendant breached its duty of good faith by failing to detect and making payment on fraudulent checks. Defendant's motion to dismiss denied in part and granted in part.
Plaintiff alleged sufficient facts to support finding that white co-worker was treated more favorably following altercation in which both employees potentially committed violations of employer's code of conduct. Defendant's motion for summary judgment denied.
Court declined to dismiss or grant relief from SEC complaint alleging Exchange Act violations where underlying conduct and criminal convictions were undisputedly connected to securities transactions. Defendant's motion to dismiss or for Rule 60(b) relief denied.
The court denied plaintiff's motion seeking to reinstate a mortgage foreclosure action pursuant to Pa.R.Civ.P. 230.2(d)(3) after the case had been terminated pursuant to Pa.R.Civ.P. 1025 and Lacka. Co. R.C.P. 200(c) and 200.1(a).
Appellant challenged the court's order granting a party's motion to enforce a settlement agreement in consolidated proceedings. The court held that it properly granted the motion where the opposing party agreed to a negotiated settlement but later claimed to have unilaterally revoked the agreement without notice to any party.
Appellants challenged the court's order denying their post-trial motion and entering judgment in favor of appellee. The court concluded the appeal should be denied and its judgment affirmed where, among other things, there was no error in the court's rejection of appellants' request that trial be delayed by one day to accommodate an appellant's observation of Yom Kippur.
Appellants Electors of the City of York appealed the trial court's orders denying their petition to fill vacancy in the office of Mayor of York City. The court affirmed, holding that appellants were not entitled to relief where they failed to bring their dispute, which sought to disenfranchise a sitting mayor, in the form of a quo warranto action.
Trial court construed the plain language of the school code and the charter school law correctly in holding that school districts were allowed to use public transportation in transporting charter school students to out of district schools and any requirement to transport both charter and school district students under the same conditions pertained to travel distance and safety, not the specific mode of transportation. Affirmed.
The court sua sponte considered whether the forum selection clause in a bills of lading agreement between a plaintiff produce shipper and a defendant carrier warranted transfer of the plaintiff's case to the United States District Court for the Southern District of New York. The court concluded that transfer was warranted where the forum selection clause was mandatory in nature and no transfer criteria precluded the action's transfer to the New York federal court.
Trial court erred in confirming upset tax sale where tax bureau failed to undertake reasonable efforts to locate the property owner after the notice of sale was returned unsigned, as required by the Real Estate Tax Sale Law. Order of the trial court reversed.