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  • Robboy v. Two Independence Place Condo. Owners Ass'n

    Publication Date: 2024-02-02
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Patrick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 230400157

    The court's §1925(a) opinion urged affirmance of its order granting plaintiffs' petition for a temporary restraining order and preliminary injunction against the owners' association of the building where they owned a commercial unit that they were selling.

  • SKW-B Acquisitions Seller C, LLC v. Stobba Residential Assoc., L.P.

    Publication Date: 2024-01-29
    Practice Area: Deals and Transactions
    Industry: Financial Services and Banking | Real Estate | Retail
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Patrick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 331

    Defendants appealed the court's order granting plaintiff's motion for summary judgment in its mortgage foreclosure action. Citing its original opinion and order, the court concluded that its order granting summary judgment should be affirmed.

  • SKW-B Acquisitions Seller C, LLC v. Stobba Residential Assoc., L.P.

    Publication Date: 2023-12-04
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Real Estate | Retail
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Patrick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1951

    Plaintiff lender filed a renewed petition to appoint a receiver for property offered as security on a defaulted commercial loan. The court granted the petition where defendant borrowers had improperly diverted tenants' rent payments and had mismanaged the mortgaged commercial property.

  • Wilmington Sav. Fund Soc'y, FSB v. Willington Equities LLC

    Publication Date: 2023-10-30
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Patrick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 03234

    Defendant borrower appealed the trial court's order denying its petition to open or strike the judgment confessed against it by plaintiff lender. The court concluded that its order should be affirmed where defendant had agreed to be bound by its note's confession of judgment provisions in a subsequent amendment to the note.

  • Wilmington Sav. Fund Soc'y, FSB v. Willington Equities, LLC

    Publication Date: 2023-09-25
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Patrick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 03234

    Defendant borrower appealed the court's order denying its petition to open or strike the judgment confessed against it by plaintiff lender. The court requested that its order be affirmed.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Antonio v. Wilmington Sav. Fund Soc'y, FSB

    Publication Date: 2023-03-20
    Practice Area: Commercial Law
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Patrick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 302

    A lender's notice of repossession, redemption rights and sale to a borrower who defaulted on her car loan was not misleading in violation of the Uniform Commercial Code where it did not specify the repossessed vehicle's daily storage charge or repossession fees, and where it referenced liability for "any costs incurred for vehicle repairs" even though the borrower's vehicle did not require repair. The trial court granted defendant's motion for summary judgment, granted plaintiff's motion for summary judgment on defendant's counterclai

  • Stobba Residential Assocs., L.P. v. FS Rialto 2019-FL 1 Holder, LLC

    Publication Date: 2023-03-20
    Practice Area: Business Torts
    Industry: Financial Services and Banking | Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Patrick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2543

    Commercial development lenders did not commit tortious interference with contract where, with the borrowers' permission, they contacted borrowers' shopping center tenant to discuss an ongoing lease dispute but then honored the tenant's rejection of further contact, all of which occurred after the tenant had filed suit against the borrowers for breach of the lease. The trial court granted defendants' motion for summary judgment.

  • Leaf Capital Funding, LLC v. Maruti Fleet & Mgmt. LLC

    Publication Date: 2023-03-20
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking | Transportation
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Patrick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1528

    The trial court granted summary judgment in favor of plaintiff in an action alleging breach of a commercial equipment lease. The court deemed the record clear that defendant had entered into and breached the agreement. The court rejected plaintiff's request for contractual attorneys' fees at a contingent fee agreement rate of 33 percent and instead awarded attorney's fees based upon the billing rate and actual hours worked by plaintiff's counsel.

  • Tenth Presbyterian Church v. Snyder

    Publication Date: 2023-03-13
    Practice Area: Civil Appeals
    Industry: Non-Profit
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Patrick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 03016

    Injunction prohibiting appellant from appearing within five hundred feet of property owned or occupied by appellee church reflected narrowest means possible to protect church property and congregants' access while minimally infringing appellant's constitutional right to convey dissatisfaction with appellee and its leadership. The court recommended that the Superior Court affirm its injunction with the five hundred-foot distance restriction.

  • Luxury Asset Lending, LLC v. Philadelphia Television Network, Inc.

    Publication Date: 2023-01-02
    Practice Area: Administrative Law
    Industry: Financial Services and Banking | Federal Government | Technology Media and Telecom
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Patrick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 00074

    The court affirmed the judgment of the Superior Court denying a motion to enforce orders vacating receivership and requiring restoration of assets for claims arising out of a Federal Communications Commission litigation. Although appellants argued the matter should be overturned due to the court's failure to make appropriate findings of fact, the court noted that under Federal Law, the FCC was not subject to the court's jurisdiction and therefore the court was not required to make findings of fact or retain jurisdiction over the FCC's

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