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Categorical
judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
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Seller did not breach implied covenant of good faith in negotiations simply by increasing its asking price, as non-binding letter of intent allowed parties to terminate negotiations except to breach exclusivity provision.
The court granted defendants' motion to compel an independent medical examination of the plaintiff in a personal injury case arising out of a motor vehicle accident.
Appellant Pennsylvania Interscholastic Athletic Association sought review of the Commonwealth Court's judgment affirming a decision of the Office of Open Records that deemed appellant subject to the Right-to-Know Law. The court affirmed.
Parents' challenged hearing officer's finding that school district's March 2022 individualized education plan offered child a free appropriate public education and court found officer did not sufficiently explain the basis for her decision, particularly as it related to her prior finding that the May 2021 IEP denied child an FAPE, and applied the wrong legal standard in her analysis. Motion denied and remanded.
Governor's office adequately requested additional time to review requested documents for privilege or exemption from disclosure where the office's affirmation expressly identified potential exemptions based on the activities of the officials whose records were sought. Final determination of the Office of Open Records affirmed in part and vacated in part.
In a §1925(a) opinion, the court urged affirmance of its order granting the defendant lawyer and law firm's motion to reopen the default judgment that the Superior Court had declared void ab initio because plaintiff's Rule 237.5 ten-day notice did not substantially comply with the rule which was a fatal defect.
Trial court erred in affirming Office of Open Records in Right-to-Know Law case because no actual case or controversy existed where agency had not released records that were no longer requested by requester and district attorney's office met its burden of proof that the remaining requested record did not exist. Reversed.
Party violated arbitration award enforcing a settlement where party's contractual right to reimbursement of legal expenses was superseded by the settlement and party's distribution of company cash left insufficient reserves for operational expenses as required by the award. Plaintiff's motion for contempt granted, defendant's cross-motion to enforce settlement granted in part.