264 results for 'court:"Pennsylvania Superior Court"'.
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J. Stevens finds that the lower court improperly denied a county children and youth services agency’s request to change the permanency goals of four children from reunification to adoption. The court failed to recognize that changing the goal to adoption is in the children’s best interests since it could give them permanency and stability. Reversed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: June 9, 2023, Case #: J-A10041-23, Categories: Civil Procedure, Guardianship, Juvenile Law
J. Lazarus finds that the lower court improperly denied decedent’s two step-grandchildren’s petition for a declaratory judgment in this will dispute against his nieces and nephew. The decedent left the step-grandchildren in his will following his divorce from their grandmother for the seven years while he was alive, indicating he wanted them to be in the will. Reversed.
Court: Pennsylvania Superior Court, Judge: Lazarus, Filed On: June 9, 2023, Case #: J-A01039-23, Categories: Civil Procedure, Wills / Probate
J. Stevens finds that the lower court, in part, improperly entered judgment in favor of a health center that sought reimbursement from an insurance company for an insured patient’s unpaid bills. The lower court must reexamine the center’s claim that the insurer incorrectly repriced certain invoices of the patient’s. Vacated in part.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: June 8, 2023, Case #: J-A23032-22, Categories: Civil Procedure, Insurance, Contract
J. Olson finds that the lower court improperly denied defendant’s post-sentence motion to review his sentencing in his murder trial. The trial court must conduct an evidentiary hearing and determine whether or not a juror discussing the case with her father inserted outside influence into the outcome of defendant’s trial. Vacated.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: June 7, 2023, Case #: J-A22008-22, Categories: Jury, Murder, Sentencing
J. Pellegrini finds that the lower court improperly granted a petition to enforce settlement filed by one restaurant co-owner against another in this dispute over whether an agreement to transfer ownership shares is enforceable between the parties. The buying co-owner’s attorney accepted a
“redlined” version of an agreement sent by the selling co-owner’s attorney and the court made no findings concerning whether the former had authority to enter into the agreement without his client’s final approval. Remanded.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: June 5, 2023, Case #: J-A11033-23, Categories: Civil Procedure, Property, Contract
J. Panella finds that the lower court improperly granted defendant’s motion to dismiss on the ground that Pennsylvania failed to consolidate his prosecutions under the state’s compulsory joinder rule. The rule does not apply here because defendant’s charges for unlawful possession of a firearm charges did not arise from the same criminal conduct or episode as his previous prosecution for simple assault. Reversed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: May 26, 2023, Case #: J-S10015-23, Categories: Firearms, Sentencing, Assault
J. Sullivan finds that the lower court properly denied defendant’s motion to suppress evidence in case, stemming from his driving under the influence of alcohol. The trooper checking to see if defendant, who was pulled over to the side of the road with his hazard lights on, was in need of assistance realized defendant had been drinking during the course of their conversation; thus, his investigative detention of defendant was protected under the public servant provision. Affirmed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: May 23, 2023, Case #: J-S38010-22, Categories: Evidence, Dui, Civil Rights