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  • Albert v. Sheeley's Drug Store, Inc.

    Publication Date: 2022-01-10
    Practice Area: Civil Appeals
    Industry: Pharmaceuticals | Retail
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0018

    The lower court correctly applied the in pari delicto doctrine to grant the defendant pharmacy summary judgment in this negligence case since the decedent's death was caused, at least partially, by his own criminal conduct, i.e., possession and consumption of a controlled substance that was not prescribed to him. The high court affirmed.

  • Hernandez v. Grandview Hosp.

    Publication Date: 2022-01-03
    Practice Area: Civil Appeals
    Industry: Health Care
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Mellon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1424

    The court reiterated its ruling in this Rule 1925(a) opinion that appellant failed to preserve her issues on appeal because she did not file a post-trial motion to remove defendant's compulsory non-suit. The court advised appellate court to quash the appeal.

  • Norris Street Partners, LLC v. Felder

    Publication Date: 2021-12-27
    Practice Area: Civil Appeals
    Industry: Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Kennedy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1399

    The pro se defendants were not entitled to relief from the court's award where they failed to preserve any issues for appellate review through post-trial motions, failed to file a rule 1925(b) statement of matters complained of as directed and filed their notice of appeal more than 30 days after the entry of the subject order. The court recommended affirmance.

  • D'Angelo v. J.P. Morgan Chase Bank, N.A.

    Publication Date: 2021-11-29
    Practice Area: Civil Appeals
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Trauger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1308

    The court dismissed as premature plaintiffs' appeal from an order granting one defendant summary judgment because the subject order was not final where it did not dispose of all claims and all parties and did not constitute an order appealable under any of the other applicable exceptions. The court recommended affirmance.

  • Frazier v. Stanislaus

    Publication Date: 2021-09-20
    Practice Area: Civil Appeals
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Roberts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0945

    All the issues raised in defendant/appellant's rule 1925(b) statement on appeal were waived where he failed to fully comply with the rule by filing his statement in a tardy manner. The court recommended affirmance of its order enforcing a settlement agreement.

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    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Strothers v. JMC Realty, LLC

    Publication Date: 2021-09-13
    Practice Area: Civil Appeals
    Industry: Construction
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0940

    The court's order overruling defendants' preliminary objection was not appealable as it was not a final order, an order from which an interlocutory appeal could be taken as of right or with permission or a collateral order separable from and collateral to the main cause of action. The court recommended that defendants' appeal be quashed.

  • Commonwealth v. All That Certain Lot or Parcel of Land Located at 4714 Morann Ave.

    Publication Date: 2021-09-13
    Practice Area: Civil Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1045

    Trial court erred in granting judgment on the pleadings in civil forfeiture case where pleadings did not resolve material issues of the property's value or the owner's lack of consent to use of the forfeited property for criminal activity. Order of the trial court reversed, case remanded.

  • Smithson v. Columbia Gas of PA

    Publication Date: 2021-08-23
    Practice Area: Civil Appeals
    Industry: Energy
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0971

    Court found pro se litigant's appeal was timely but his disregard for the rules of appellate procedure left the court without the ability to conduct effective review. Appeal dismissed.

  • Zentner v. Brenner Car Credit, LLC

    Publication Date: 2021-08-16
    Practice Area: Civil Appeals
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0805

    The court's order overruling defendant's sole preliminary objection, which sought to enforce an arbitration clause, was not a final order subject to certification under Pa.R.A.P. 341(c) and was not appealable as of right under Pa.R.A.P. 311. The court recommended that defendants' appeal be quashed.

  • Barber v. Stanko

    Publication Date: 2021-05-31
    Practice Area: Civil Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0591

    Contrary to appellants' assertions, the lower court orders at issue served as stays to enforce a substantive settlement approval order on behalf of a minor plaintiff until the merits could be addressed, not final appealable orders. The court quashed the appeals at bar.