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Categorical
judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
practicearea:Lobbying
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"Steven Andrews" AND Litigation
"Steven Andrews" OR "Roger Dalton"
Litigation NOT "Roger Dalton"
"Steven Andrews" AND Litigation NOT Florida
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(Florida OR Georgia) judge:"Steven Andrews"
((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
Publication Date: 2018-05-22 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Shogan Attorneys:For plaintiff: for defendant: Case Number: 18-0604
The trial court property granted defendant's petition to sever a count alleging possession of a firearm prohibited in violation of 18 Pa.C.S. §6105(a)(1) from three other counts but erred in allowing the commonwealth to choose the order in which to proceed and present evidence of defendant's prior convictions before considering all the charges. The appellate court vacated in part.
A claimant was entitled to proceed nunc pro tunc on a zoning appeal where a zoning officer extended the time and assisted the claimant in completing his appeal forms.
The Lackawanna Tax Claim Bureau failed to identify any legitimate statutory authority for securing an in personam judgment against the petitioner landowner for his property tax delinquency. The court clarified the judgement against petitioner to confirm an in rem judgment.
The court granted a motion to compel an independent medical examination and required the requesting party to provide the transportation. Also, the court granted plaintiff's motions to compel the discovery of requested documents.
Defendant contractor's motion to compel arbitration in plaintiff's action to collect fringe benefit funds was denied because the PLA explicitly incorporated trust agreement provision governing the contributions, no explicit language in the PLA made the arbitration provision applicable to non-party trust funds and there was no evidence plaintiff was acting as agent for the unions. Motion denied.
Defendant behavior toward other board directors of a planned community homeowners' association was boorish and unprofessional, but it did not warrant judicial intervention to remove him as a director under §5726(c) of the Nonprofit Corporation Law because it did not constitute fraud, dishonesty or gross mismanagement. The appellate court affirmed the trial court's denial of plaintiffs' petition.
The court overruled defendant's preliminary objections as to duty and causation based on the law of the case, and the issue of attorney fees was premature, because plaintiffs had not yet moved for class certification.
The court denied a request to compel arbitration under an agreement with a nursing home, because the document was constituted a contract of adhesion and was unconscionable.
District court misinterpreted COGSA in granting vessel's motion to dismiss appellant's in rem suit over damaged cargo and the court found that COGSA did not invalidate a forum selection clause simply because the selected jurisdiction did not acknowledge in rem suits but the clause here did not violate COGSA and dismissal was proper. Affirmed.
Court granted in part and denied in part seller and freight broker's motions to dismiss or grant summary judgment in charity's action against seller and broker for the improper stacking of Legos in a truck that resulted in damage to the Legos and injuries to a volunteer helping to unload the truck because the FAAAA preempted the volunteer's personal injury claims against the broker, seller could not benefit from either preemption statute and charity's contract action survived because it was a third-party beneficiary to the broker's co