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  • Sauers v. Lower Southampton Twp.

    Publication Date: 2023-11-27
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Bateman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2015-05753

    Appellant, a pro se plaintiff, filed a notice of appeal after filing two motions to re-open his case and a motion for civil trial. The court requested that appellant's appeal be dismissed as not properly before the Superior Court where appellant's motions remained pending, and thus there was no final order to appeal, and where it was impossible to discern what "order" appellant intended to appeal.

  • The Guiliano Law Group, P.C. v. Majux Mktg. LLC

    Publication Date: 2023-10-30
    Practice Area: Civil Appeals
    Industry: Legal Services
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Jacquinto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 210300347

    Appellants appealed the court's order overruling their preliminary objections to appellee's notice of appeal. The court concluded that its order should be affirmed where appellants improperly pursued preliminary objections in response to appellee's notice of appeal of an underlying arbitration award.

  • 1825 Rt. 209 Allentown, LLC v. Zoning Hearing Bd. of S. Whitehall Twp.

    Publication Date: 2023-10-23
    Practice Area: Civil Appeals
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 487 C.D. 2022

    Objector 1825 Rt. 309 Allentown LLC appealed the trial court's order affirming a zoning hearing board's grant of a special exception and variance relief. The court remanded to the trial court for a further opinion addressing objector's assertions of error where the trial court failed to address the merits below and in its Rule 1925(a) opinion on appeal.

  • Reilly v. Bristol Twp.

    Publication Date: 2023-07-31
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Corr
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2019-08757

    Plaintiff failed to preserve any issues for review where he challenged the court's entry of judgment of non pros by appeal rather than petitioning under Pa.R.Civ.P. 3051. The court concluded that plaintiff's appeal must be dismissed.

  • Nifas v. McGinley

    Publication Date: 2023-05-29
    Practice Area: Civil Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1467 C.D. 2021

    Appellants appealed trial court's dismissal of their praecipe to proceed in forma pauperis and complaint as frivolous and court found it lacked jurisdiction over the appeal because appellants' notice of appeal was untimely, record failed to demonstrate an excuse for the untimely appeal and appellants waived any argument regarding such excuse by failing to offer a developed argument in their brief. Appeal quashed.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

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

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  • Bethke v. City of Philadelphia

    Publication Date: 2023-05-22
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Fizzano Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 406 & 702 C.D. 2022

    In consolidated appeals, appellant sought review of two interlocutory orders entered by the trial court. The court vacated both orders and remanded to the trial court for further findings.

  • Szymanski v. Bd. of Supervisors of New London Twp.

    Publication Date: 2023-05-08
    Practice Area: Civil Appeals
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 34 C.D. 2022

    Appellant was not an "aggrieved" party under Rule Of Appellate Procedure 501 because the statement in the common pleas opinion to which he objected was non-precedential dictum and he lacked standing to appeal. Appeal dismissed.

  • Philadelphia Cmty. Dev. Coal. v. Isabella

    Publication Date: 2023-04-10
    Practice Area: Civil Appeals
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 04133

    Party waived issues on appeal by filing lengthy brief with multiple exhibits in violation of rule requiring concise statement of issues to be raised. The trial court recommended that the appeal be quashed.

  • Brandie v. Sherard

    Publication Date: 2023-04-03
    Practice Area: Civil Appeals
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Fletman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 00480

    Plaintiff was not entitled to set aside a settlement agreement for partition of real property absent any timely objection or evidentiary support for her contention that defendant's appraisal of the property was suspect. In addition, plaintiff failed to timely appeal the trial court's order denying her motion to set aside the settlement agreement. The trial court recommended that plaintiff's appeal be quashed or, in the alternative, that the Superior Court affirm the court's decision.

  • 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.

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