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Categorical
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"
Trial court correctly found for appellees in their common law fraud, breach of contract, breach of warranties and UTPCPL claims against home builder for defective stucco because the evidence supported the breach of warranties claim, the UTPCPL claim was not time-barred and appellees did not need to prove all the elements of common law fraud to state a claim under the UTPCPL catchall provision but trial court abused its discretion in calculating appellees attorney fees by limiting the award based on the contingency agreement.
The taxi companies who challenged petitioners application to purchase taxi operating rights were properly barred from introducing certain exhibits at an administrative hearing where they failed to produce those exhibits during discovery in accordance with 52 Pa. Code 5.321. The court affirmed a Public Utility Commission decision affirming the grant of petitioners application
Publication Date: 2017-10-24 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Ott Attorneys:For plaintiff: for defendant: Case Number: 17-1596
Trial court did not abuse its discretion in changing permanency goal to adoption after only seven months of foster care. Order of the trial court affirmed.
Insurance beneficiary designation was not statutorily invalidated due to the pendency of a divorce proceeding between the insured decedent and named beneficiary. Order of the orphans court affirmed.
Publication Date: 2017-10-24 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stabile Attorneys:For plaintiff: for defendant: Case Number: 17-1591
Defendant was not entitled to retroactive application of the holding in Birchfield v. North Dakota, wherein the U.S. Supreme Court held that the criminalization of a suspects refusal to consent to a blood test violates the Fourth Amendment to the U.S. Constitution, since she failed to challenge the warrantless blood draw at any stage of the litigation prior to a nunc pro tunc post-sentence motion. The appellate court affirmed defendants judgment of sentence.
Plaintiffs asserting breach of warranty claims in this suit were not required to allege the precise dates and locations where they encountered defendants warranties since the court required only sufficient facts to support a reasonable inference that the warranties were the bases of the parties bargain. The court denied in part defendants motion to dismiss.
The appellate court lacked jurisdiction over defendants appeal from an order denying his petition to remove himself from the accelerated rehabilitative disposition program because acceptance into and termination from the program involve interlocutory matters. The court quashed defendants appeal.
Under the Autism Recovery Law, the defendant insurers place-of-services exclusion in plaintiffs policy was ineffective to foreclose coverage for in-school, applied behavioral analysis treatment for plaintiffs son, who was diagnosed with an autism-spectrum disorder. The court affirmed a lower court order finding the exclusion ineffective.
The district court lacked jurisdiction to hear plaintiffs Religious Freedom Restoration Act claims challenging the grant of their property for use in constructing an interstate fossil fuel pipeline where plaintiffs failed to participate at all in a hearing before the Federal Energy Regulatory Commission. The court granted defendants motion to dismiss.
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