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Appeal quashed where parties and trial court erroneously skipped over order directing partition of property owned by parties as joint tenants with right of survivorship and instead entered order party to covey her interest to the other party. Appeal quashed.
All of appellants' issues in their challenge to a mortgage foreclosure were waived because of their untimely filing of the court-ordered Pa.R.A.P. 1925(b) statement and the perfection of appellate jurisdiction was not intended to modify filing deadlines established prior to the court's awareness of the lack of entry of judgment or to ameliorate the failure to preserve issues. Affirmed.
In this negligent misrepresentation matter by a former employee, the court held that the jury's verdict awarding damages in favor of the employee should be affirmed.
Defendant's petition to transfer venue based on forum non conveniens was timely and proper. The court did not abuse its discretion in transferring venue to another county where the accident occurred elsewhere and none of the parties resided or did business in the county where the action had been filed.
Trial court erred in granting summary judgment against insurer on coverage issues because there were genuine issues of material fact as to whether appellee contractor had notice of roofing exclusion. Vacated in part, affirmed in part and remanded.
An order which did not impose sanctions for contempt was not appealable, and defendant's notice of appeal was not timely made following the last order that was subject to appeal. The court held the appeal should be quashed.
The parties' sale agreement provided that only disputed items were required to be submitted to an arbitrator, so questions of contract interpretation were for the bankruptcy court to decide.
Publication Date: 2018-08-07 Practice Area:Family Law Industry: Court:Commonwealth Court Judge:Judge Simpson Attorneys:For plaintiff: for defendant: Case Number: 18-0925
The ALJ did not abuse his discretion in finding that CYS met its burden of establishing an indicated report of child abuse against mother and boyfriend where small child suffered bruising, a liver laceration and a broken leg because ALJ found that mother's theories as to how the injuries occurred were not credible, the medical evidence showed that the injuries were the result of physical child abuse and boyfriend met the statutory definition of "perpetrator" in 23 Pa.C.S. §6303. Affirmed.
Sufficient evidence supported the jury's verdict against defendant for punitive damages and for failing to follow its established security procedures. The court concluded the judgment should be affirmed.
While the court did not adopt the parties' settlement agreement in a divorce decree, it retained jurisdiction over wife's property rights claims through the preservation language in the divorce decree, the underlying principles of equity and economic justice and the power to enforce contractual obligations. The court granted wife's petition for special relief and contempt.