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judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
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(Florida OR Georgia) judge:"Steven Andrews"
((Florida AND Georgia) OR Texas) topic:"Civil Appeals"
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.
Appellant challenged the court's order denying and dismissing its appeal of a decision of a township's zoning hearing board. The court requested that the appeal be denied where record evidence supported Board's conclusion that advertising was the primary purpose of a trailer situated upon appellant's commercial property in violation of township's "prohibited signs" ordinance.
District court properly denied habeas in defendant's challenge to trial judge's statement about changes to the law of parole at his sentencing hearing and court found appellant would not have been eligible for parole and trial judge instructed jury that he was not eligible for parole, which was sufficient. Motion denied.
The court overruled defendant's preliminary objections in the nature of demurrers to plaintiffs' complaint for injuries sustained by plaintiffs' minor child while in the custody of UMC's child-care program and ordered defendant to file an answer.
Claimant petitioned for review of a decision of Workers' Compensation Appeals Board which affirmed workers' compensation judge's order after Board remand. The court reversed Board and reinstated WCJ's order awarding claimant recovery of attorneys' fees.
Employee's union appealed the trial court's order denying its petition to vacate grievance arbitrator's supplemental remedy award, which concluded that employer owed no back pay to a wrongfully terminated employee who failed to seek alternative employment prior to reinstatement. The court affirmed where the arbitrator's remedy derived its essence from the parties' collective bargaining agreement and violated no well-defined public policy.
The court reversed the trial court's order overruling appellants' objections to the upset sale of real property and found that appellee Schuylkill County Tax Claim Bureau failed to comply with the notice requirements in §602 of the Real Estate Tax Sale Law because appellee failed to comply with §607.1(a) of RETSL that required appellee to make additional efforts to notify appellants of the upset sale beyond those in §602.
Court remanded overtime pay case where the Labor Management Relations Act did not preempt the action since the sole issue in the case required interpretation of state wage-and-hour laws rather than the parties' collective bargaining agreement. Plaintiff's motion for remand granted.
State and federal regulators failed to prove that publishing company violated telemarketer statutes where there was no clear and convincing evidence that reasonable customers would have been misled regarding the nature and terms of the trial offer, the cost of subscription, and the process to cancel at the end of the trial offer. Judgment entered for defendants.