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Categorical
judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
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"Steven Andrews" AND Litigation
"Steven Andrews" OR "Roger Dalton"
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(Florida OR Georgia) judge:"Steven Andrews"
((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
Defendant satisfied the three prongs required to open the default judgment entered against him on plaintiff's complaint for personal injuries. Petition to open default judgment granted.
Appellant appealed the trial court's orders convicting him of summary offenses under the Game and Wildlife Code. The court reversed in part, affirmed in part, and remanded to the trial court for resentencing. The court held in pertinent part that the trial court erred in finding a hunting guide guilty of violating Game Code section 2308(a)(7), prohibiting the use of a vehicle for hunting, where the guide drove a hunting party to a planned destination before they disembarked and hunted elk on foot from an adjacent field.
City and city councilman appealed the court's denial of their appeal of a decision of city's zoning board of adjustment that granted property owner's application for a commercial property use permit. The court requested that its decision be affirmed where Board's decision was supported by substantial evidence that the approved variance was properly limited in scope for a unique property and would not result in adverse impacts.
District court misinterpreted the applicable U.S. Sentencing Guidelines and erroneously failed to consider evidence proffered in mitigation by appellant at sentencing. The court vacated appellant's sentence and remanded for resentencing.
Settlement agreement arising from bankruptcy mediation did not evidence the parties' intent to waive confidentiality protections under local bankruptcy rules.
In a § 1925(a) opinion, the trial court requested that the Superior Court affirm its order granting summary judgment to the defendant in a motor vehicle collision case.
The court urged the Superior Court to affirm its verdict in favor of defendants due to the plaintiff's failure to seek damages to its property in its previous replevin action.
Trial court erred in concluding that plaintiffs were not entitled to treble damages under the Pennsylvania Unfair Trade Practices and Consumer Protection Law after the jury had already awarded them punitive damages on their tort claims. Order of the superior court reversed, case remanded.
Court denied defendants' motions for acquittal and new trial where the government met its burden to overcome defendants' entrapment defense as defendants appeared to eagerly and voluntarily participate in the conspiracy and understand the risks of criminal prosecution.