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judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
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Certain parties appealed the court's decision allowing a certified public accountant, who served as a court-appointed forensic accounting expert in the parties' litigation, to seek payment of his expert fees within the parties' litigation rather than filing a separate action. The court requested that its decision be affirmed where the parties had clearly agreed to split the cost of the appointed expert that the parties ultimately required to value the disputed multimillion dollar assets involved in the complex commercial case.
Trial court erred in granting summary judgment to primary care physician and his general partner in medical negligence case and court found estate's experts opined primary care physician deviated from the standard of care in treating patient initially in 2017, before the 2019 surgery that led to his death, and trial court erred by concluding that partnerships involving physicians had to be categorically excluded from application of partnership law. Reversed.
Publication Date: 2024-04-19 Practice Area:Criminal Law Industry: Court:Commonwealth Court Judge:Judge Panella Attorneys:For plaintiff: for defendant: Case Number: 261 MDA 2023
Evidence was sufficient to support witness intimidation conviction where witness testified that appellant had, on multiple occasions, contacted her in violation of his bail conditions to ask her to change her testimony or not testify at trial. Judgment of sentence affirmed.
The court in a § 1925(a) opinion, urged affirmance of its opinion and order filed December 18, 2023, after a non-jury trial on an amended complaint seeking a judgment for possession of the premises owned by appellees upon failure of defendant to pay rent.
Defendant moved for summary judgment in plaintiff's Fair Debt Collection Practices Act and Pennsylvania Fair Credit Extension Uniformity Act action over debt collection letters and court granted summary judgment to defendant on all claims except plaintiff's §1692e(2)(A) claims. Motion granted in part and denied in part.
Zoning Hearing Board erred in sustaining a notice of violation based on completely different factual bases than asserted in the notice of violation. Order of the trial court reversed.
Publication Date: 2024-04-19 Practice Area:Tax Industry: Court:Commonwealth Court Judge:Judge Cannon Attorneys:For plaintiff: for defendant: Case Number: 409 C.D. 2022
Trial court erroneously dismissed appellant property owners' tax appeal where assessor office's unilateral revision to the property's square footage constituted a new issue that meant the owners' prior assessment appeal did not collaterally estop them from challenging the new square footage determination. Order of the trial court reversed and remanded.
Common pleas court erred in affirming Zoning Hearing Board's denial of appellant's appeal and application for a conditional use permit because appellant filed its application just before ordinance stating warehousing was not a permitted use came into effect and the pending ordinance doctrine was inapplicable. Vacated and remanded.