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Publication Date: 2024-09-13
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 511 EDA 2023
Commonwealth appealed the trial court's order granting appellee's motion to dismiss charges due to a violation of his speedy trial rights. The court vacated the order and remanded for trial, holding that appellee suffered no speedy trial violation when two periods of excludable delay were included in the timeline between Commonwealth's filing of charges and appellee's scheduled trial date.
Publication Date: 2024-09-06
Practice Area: Contractual Disputes
Industry: Construction
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 2982 EDA 2022
Trial court properly awarded counsel fees to appellee after appellants' confession of judgment complaint was dismissed because appellants lacked a sufficient basis in law or fact to commence the action and the sole purpose of the action was to cause annoyance to appellee. Affirmed.
Publication Date: 2024-08-30
Practice Area: Personal Injury
Industry: Automotive
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 2507 EDA 2023
Court properly amended judgment to substitute owner of non-legal business entity in judgment where the owner knew of the action by signing the answer verification and would have been named as the defendant but for a mistake in the identity of the proper party. Order of the trial court affirmed.
Publication Date: 2024-08-09
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 1735 EDA 2023
Trial court correctly dismissed protection from abuse petition based on evidence of alleged child abuse that had been litigated in a prior PFA petition and deemed unfounded by the court and law enforcement/child protection agencies. Order of the trial court affirmed.
Publication Date: 2024-08-09
Practice Area: Landlord Tenant Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 1437 EDA 2023
Tenant appealed the trial court's order granting partial summary judgment in favor of landlord in a commercial lease dispute over unpaid rent and related charges. The court affirmed, holding that the mandatory closure of non-essential businesses for 77 days during the outset of the COVID-19 pandemic did not support the commercial tenant's assertion of the doctrine of frustration of purpose where the tenant afterward voluntarily elected not to return to the leased premises for the remainder of its lease term.
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Publication Date: 2024-08-02
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 502 EDA 2023
Trial court erred in appointing GAL for an indefinite period in response to petition for appointment of guardian of the person and estate, without making a finding of incapacity. Order of the trial court vacated.
Publication Date: 2024-08-02
Practice Area: Damages
Industry: Financial Services and Banking | Cargo and Shipping | Manufacturing
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 1585 EDA 2023
Parties claiming ownership of levied property had standing to file a petition to set aside based on an untimely levy following issuance of the writ off execution. Order of the trial court vacated.
Publication Date: 2024-07-05
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 1283 MDA 2022
Commonwealth appealed the trial court's order granting in part appellee's habeas corpus motion and dismissing the charge of first-degree murder for lack of prima facie evidence of appellee's specific intent. The court reversed and remanded, holding that evidence of appellee's conduct, including his mid-altercation retrieval of a kitchen knife from inside a home before stabbing his victim in the arm, constituted prima facie evidence of specific intent to kill.
Publication Date: 2024-06-21
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 2229 EDA 2022
Appellant appealed the trial court's denial of his petition to expunge records of domestic violence charges brought against him in 2008. The court reversed and remanded with directions, holding that expungement was warranted where thirteen years had passed since appellant's charges were nolle prossed, the allegations in the charges remained unsubstantiated hearsay, and appellant, now a senior citizen, had had no further interactions with the criminal justice system.
Publication Date: 2024-06-07
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 517 EDA 2023
Commonwealth appealed the trial court's order granting appellee's motion to dismiss pursuant to the prompt trial rule under Pa.R.Crim.P. 1013. The court reversed and remanded, holding that appellant did not delay appellee's prosecution on de novo appeal where it merely failed to correct its information to reflect reinstatement of a summary offense that it had voluntarily withdrawn before appellee's municipal court trial.
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