19 results for 'judge:"Kunselman"'.
J. Kunselman finds that the lower court improperly found that the sellers of a restaurant breached their contract with the buyer in this case wherein the restaurant burned down after the parties signed a sales agreement but before they closed on the deal. The record is devoid of any competent evidence regarding the post-fire value of the property. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: March 15, 2024, Case #: J-E03003-23, Categories: Insurance, Property, Contract
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J. Kunselman finds that the juvenile court improperly denied a pair of foster parents’ motion to intervene in the court-ordered removal of a child from their care during dependency proceedings with the child’s mother. The foster parents are allowed to intervene under the “prospective adoptive parent exception” since they have demonstrated that they have a legitimate expectation of adopting the child, since they cared for her for two years beginning one month after her birth. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: March 13, 2024, Case #: J-A18014-23, Categories: Civil Procedure, Guardianship
J. Kunselman finds that the lower court improperly denied a pair of foster parents’ petitions to adopt a seven-year-old and a five-year-old due to the lack of a post-adoption contact agreement with the children’s maternal aunt. The decision was unreasonable as it resulted in the children being left without permanency and at risk of being separated from their foster parents, after establishing a bond with them. Reversed.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: March 7, 2024, Case #: J-A25028-23, Categories: Civil Procedure, Evidence, Guardianship
J. Kunselman finds that the lower court properly entered judgment in favor of an eye doctor in this personal injury suit alleging he blinded a patient’s right eye by improperly injecting fluid into it. The patient failed to establish that the court abused its discretion by barring one of her experts from testifying at the jury trial. Affirmed.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: November 9, 2023, Case #: J-A18034-23, Categories: Tort, Experts, Medical Malpractice
J. Kunselman finds that the lower court improperly sentenced defendant to one year of probation for destroying a line of property survey stakes separating her land from her neighbors’. There is no evidence that the stakes and flags she removed from a shared driveway met the statutory definition of “survey monuments or markers,” which are intended to be permanent, under Pennsylvania law; thus, defendant’s conviction for destruction of a survey monument may not stand. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: November 8, 2023, Case #: J-A18041-23, Categories: Trespass, Property Crimes, Property
J. Kunselman finds that the lower court improperly sentenced defendant to endure confinement, pay a fine and complete community service for disorderly conduct stemming from her noncompliance with a police officer during a traffic stop. Because the sentence did not include a term of probation, the court did not have the authority to order community service. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: October 11, 2023, Case #: J-S32022-23, Categories: Criminal Procedure, Sentencing, Vehicle
J. Kunselman finds that the lower court improperly found a 12-year-old boy was not being cared properly for by his mother and a family friend, following the death of the boy’s sibling. The juvenile court exceeded its authority because the family friend was not a party to the underlying
dependency action. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: August 30, 2023, Case #: J-S23016-23, Categories: Civil Procedure, Guardianship
J. Kunselman finds that the lower court improperly denied a mother's request to relocate from Pennsylvania to Florida with her 7-year-old daughter and 1-yearold son, taking the children further from their father, a Rhode Island resident. The court abused its discretion. Reversed.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: July 28, 2023, Case #: J-A09005-23, Categories: Evidence, Guardianship
J. Kunselman finds that the lower court properly sentenced defendant to two months to a year in prison for exposing her breasts to inmates while sitting on the hood of her car outside of Lancaster County jail, where her boyfriend was incarcerated. Defendant failed to suggest that her public, sexually explicit misconduct was not in violation of the open-lewdness statute. Affirmed.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: June 21, 2023, Case #: J-S12007-23, Categories: Criminal Procedure, Sentencing, Public Indecency