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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: 2024-06-28 Practice Area:Criminal Law Industry: Court:Supreme Court Judge:Justice McCaffery Attorneys:For plaintiff: for defendant: Case Number: 87 MAP 2023
Superior court erred in requiring Post Conviction Relief Act counsel to submit a merits brief after learning of defendant's intention to assert ineffective assistance claims against PCRA counsel, and should have instead remanded the case to the PCRA court. Order of the superior court reversed and remanded.
Defendant appealed the court's order granting plaintiff's motion for summary judgment in its action for recovery of delinquent mortgage loans. The court concluded that its order should be affirmed where defendant acknowledged the validity of the mortgage loans and, due to a lack of discovery responses, was deemed to have admitted his liability on the defaulted loans, to which he offered no logical or plausible defense.
The court affirmed the trial court's order granting defendants' motion for summary judgment and dismissing plaintiff's claims of defamation, false light invasion of privacy, and abuse of process.
Plaintiff seller sued defendant buyer for ejectment from real property after a failed residential home sale. Following a non-jury trial, the court found in favor of plaintiff where defendant moved into the residence without permission despite expiration of the parties' "offer to purchase real estate" without a closing on the property.
Defendant moved for reconsideration of trial court's partial summary judgment dismissal of plaintiff's employment action and court found the dismissal of a similar action brought by another employee against the same defendant employer was not grounds for reconsideration, was not "new legal authority" and did not support collateral estoppel. Motion denied.
Petitioners sought review of a letter in which respondent Pennsylvania Insurance Department's declined to vacate consent orders entered into by petitioners. The court quashed the appellate petition for review because respondent's letter was not an appealable adjudication.
Age/gender discrimination claims failed where plaintiff failed to demonstrate a causal connection between her non-renewal and discriminatory animus and where defendant had a legitimate, non-discriminatory reason for its employment decision. Defendant's motion for summary judgment granted.
Defendant property owners and managers separately moved to dismiss plaintiff's fair housing complaint. The court granted the motions, holding that plaintiff failed to allege, or lacked standing to assert, claims under the Fair Housing Act and Fair Debt Collection Practices Act where he was not a tenant in defendants' apartment building and alleged no acts plausibly demonstrating prohibited retaliation or discrimination.
Trial court erred in vacating citation for parking in handicap space issued to driver with valid placard who failed to place the placard in his vehicle, where driver's failure to comply with strict requirements of vehicle code supported issuance of the citation. Order of the trial court reversed.
Court dismissed garnishment action against 401(k) plan as violating ERISA's anti-alienation provision and where contributions did not qualify as "transfers" under Pennsylvania's fraudulent transfer statutes. Garnishee's motion to dismiss granted.