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Categorical
judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
practicearea:Lobbying
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(Florida OR Georgia) judge:"Steven Andrews"
((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
The Office of Open Records does not have jurisdiction to hear an appeal from the denial of a record request by a judicial agency; thus, it properly denied petitioners appeal from the denial of a Right-to-Know Law request for documents from the Judicial Conduct Board. The court affirmed the trial courts order.
WCJ properly granted employers modification petition seeking to reduce claimants benefits based on an earning capacity because the labor market survey and earning power assessment listed six jobs, employers and claimants treating physician both testified that she was capable of performing some type of work, WCJ found employers witnesses more credible and claimants evidence of unsuccessful applications to the jobs listed in the LMS/EPA was relevant but not dispositive with regard to earning power. Affirmed.
The defendant insurer was obligated to provide a defense to plaintiff, a manufacturer of fire engines facing hundreds of occupational noise-induced hearing loss claims, since the coverage afforded the insured was primary under the subject policys general insurance provisions. The court recommended affirmance of its order denying defendant summary judgment.
Drivers license suspension properly set aside due to delay between conviction and suspension attributable to court clerks office, where inquiry on whether to set aside suspension was focused on the prejudice suffered by the licensee due to the delay, rather than the length of the delay itself. Order of the trial court affirmed.
The City of Bethlehem met its burden of establishing that defendants property required a conservator where it produced uncontroverted testimony about the propertys blighted, deteriorated and unsafe condition and defendants failure to take remedial action. The court affirmed an order granting a petition for conservatorship.
The trial court did not err when it held that §611 of Pennsylvanias Liquor Code preempted the City of Harrisburgs nonrenewal of a liquor license based upon alleged nuisance activity at the licensed premises. The court affirmed the trial courts order.
Seller of blighted property was statutorily obligated to pay a conservators fees to the petitioner for conservation, even before the petitioner was appointed conservator. Order of the trial court affirmed.
A defendant in a mortgage foreclosure action who claimed that his name was forged on a mortgage document was required to plead the fraud claims with greater specificity. Defendant was entitled to maintain a counterclaim to enforce a personal liability in the mortgage foreclosure action. The court sustained the preliminary objections in part.
The court granted leave to plaintiffs to file a second amended complaint in their action against manufacturer, freight broker and shipper for damage to Lego baseplates during transit and for injuries to a volunteer during the unloading of the truck but also found that the Car-mack amendment preempted the claims against the shipper under the conduct theory. Motions granted.
Defendant, who was twice arrested on suspicion of driving under the influence, did not have to be advised that he had a constitutional right to refuse a blood test and there was no requirement that defendants consent to the blood draw be knowing, voluntary and intelligent, but just voluntary. The court denied defendants motion to suppress.