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  • US Coal Corp. v. Dinning

    Publication Date: 2019-11-11
    Practice Area: Contractual Disputes
    Industry: Energy | Investments and Investment Advisory
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1315

    Trial court properly granted summary judgment in favor of appellees and awarded sanctions in appellants' action asserting breach of contract, promissory estoppel, unjust enrichment, fraud and negligent misrepresentation over the sale of a company because the release appellants signed was not ambiguous, parol evidence rule barred any extrinsic evidence and there was no evidence to support their other claims. Affirmed.

  • Radon Constr., LLC v. Land Endeavor 0-2, Inc.

    Publication Date: 2019-11-04
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1302

    Trial court properly concluded that appellant's claim of duress in signing a contract failed because he had the opportunity to consult an attorney, was not physically threatened and discussed the contract with multiple people before he signed it. Affirmed.

  • Thom v. CDM Auto Sales

    Publication Date: 2019-11-04
    Practice Area: Civil Procedure
    Industry: Automotive | Retail
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1306

    Trial court abused its discretion in denying appellant's motion to correct the name of appellee auto sales company in the caption and text of a default judgment. Reversed.

  • S.M.C. v. C.A.W.

    Publication Date: 2019-11-04
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1307

    Trial court did not abuse its discretion in holding that it was in child's best interest for appellant to be liable for child support based on the doctrine of paternity by estoppel because appellant had a long-term in loco parentis relationship with child that began when child was an infant, he held himself out as the child's father for years, formed a close emotional bond with her and listed her as a dependent on his tax returns. Affirmed.

  • Commonwealth v. Caulk

    Publication Date: 2019-10-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1228

    The trial court did not abuse its discretion in denying defendant's motion to preclude evidence of the death of a confidential informant and, instead, accommodated the needs of both parties by allowing the jury to hear evidence of the CI's death but not the cause. The appellate court affirmed defendant's judgment of sentence.

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  • TTSP Corp. v. The Rose Corp.

    Publication Date: 2019-09-16
    Practice Area: Dispute Resolution
    Industry: Manufacturing
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1078

    Trial court abused its discretion in overruling buyer's preliminary objections to seller's complaint and erred in failing to transfer the parties' PPA dispute to an independent accountant because trial court erroneously decided an issue of procedural arbitrability and invaded the province of the arbitrator. Reversed.

  • Commonwealth v. Casey

    Publication Date: 2019-09-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1090

    A single petition for permission to appeal orders from multiple docket numbers was denied where petitioners were required to file separate petitions for each docket. Petition denied.

  • S.C.B. v. J.S.B.

    Publication Date: 2019-09-09
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1065

    Trial court erred in entering child custody order that incorporated by reference its consideration of some §5328(a) factors from a prior order because incorporation by reference of a previous and outdated analysis of the factors was not sufficient and erred in ordering mother to pay her share of the GAL fees without holding a hearing. Vacated and remanded.

  • Matenkoski v. Greer

    Publication Date: 2019-07-15
    Practice Area: Real Estate
    Industry: Automotive | State and Local Government
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0818

    Trial judge properly granted a preliminary injunction barring appellants from operating an automobile repair and restoration business at their residence because the commercial business was in violation of local zoning ordinances and the time and manner restrictions were well within the trial court's discretion. Affirmed.

  • Commonwealth v. Handley

    Publication Date: 2019-07-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0806

    The superior court rejected defendant's argument that schedule I of the Controlled Substance, Drug, Device and Cosmetic Act was unconstitutional in that it included marijuana, a substance recognized under the Medical Marijuana Act as having the potential for medical use. The appellate court affirmed defendant's judgment of sentence.