COMMONWEALTH OF PENNSYLVANIA v. WAYNE PAUL BURKETT

COMMONWEALTH OF PENNSYLVANIA v. WAYNE PAUL BURKETT No. 1159 WDA 2009 2010 PA Super 182 Atlantic: n/a Filed: 9/30/2010
	Appeal from the Order Entered March 27, 2009, in the Court of Common Pleas of Blair County, Criminal Division, at No: 1982-284, CP-07-CR-0000284-1982, No. 82 CR 284.
Before: BOWES, ALLEN, and FITZGERALD, JJ.
Opinion by: BOWES, J.
Wayne Paul Burkett appeals from the order entered in the Blair County Court of Common Pleas dismissing his first PCRA petition sixteen years after he filed that petition. After careful review, we affirm.

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IN RE: BRIDGEPORT FIRE LITIGATION APPEAL OF: PROFESSIONAL FLOORING, CO., INC., LIMERICK CARPET AND FLOORING, INC., ROSE LINE, INC., AND RENU ELECTRONI

IN RE: BRIDGEPORT FIRE LITIGATION APPEAL OF: PROFESSIONAL FLOORING, CO., INC., LIMERICK CARPET AND FLOORING, INC., ROSE LINE, INC., AND RENU ELECTRONICS, INC. No. 2865 EDA 2009 2010 PA Super 181 Atlantic: n/a Filed: 9/28/2010
	Appeal from the Order entered September 4, 2009 In the Court of Common Pleas of Montgomery County, Civil Division, No. 05-20924
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: LAZARUS, J.
Professional Flooring Company, Inc., Limerick Carpet & Flooring, Inc., Rose Line, Inc. and Renu Electronics, Inc. (hereinafter “Certain Class Plaintiffs”) appeal from the order entered in the Court of Common Pleas of Montgomery County on September 4, 2009, denying their motion for incentive fees, and the order entered on September 10, 2009, authorizing compensation for the court-appointed Claims Administrator, by the Honorable Steven T. O’Neill. After careful review, we reverse and remand for further proceedings. This matter forms a small part of the class action litigation that arose from the destruction by fire on May 15, 2001 of a large, multi-unit industrial complex known as the Continental Business Center (“CBC”) in Bridgeport, Pennsylvania. Appellants, Certain Class Plaintiffs, are businesses that suffered losses in the fire and are the original plaintiffs, having filed a putative class action suit against the owners and managers of the CBC nine days after the fire occurred. On April 14, 2003, Judge O’Neill certified the class and appointed Certain Class Plaintiffs as representative plaintiffs of the class. He also appointed the law firms of Kline & Specter, P.C. and High Swartz LLP as class counsel.

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STERLING LEWIS v. CRC INDUSTRIES, INC.

STERLING LEWIS v. CRC INDUSTRIES, INC. No. 2358 EDA 2009 2010 PA Super 179 Atlantic: n/a Filed: 9/27/2010
	Appeal from the Judgment entered June 19, 2009 In the Court of Common Pleas of Philadelphia County, Civil Division, No. 000815, September Term, 2006
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: LAZARUS, J.
Dissenting Opinion by: ALLEN, J.
Sterling Lewis appeals from the judgment entered in the Philadelphia County Court of Common Pleas in favor of Appellee, CRC Industries, Inc. (“CRC”), following a jury trial in this strict product liability action. After careful review, we reverse and remand for a new trial.

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CHRISTOPHER M. MISSETT v. HUB INTERNATIONAL PENNSYLVANIA, LLC

CHRISTOPHER M. MISSETT v. HUB INTERNATIONAL PENNSYLVANIA, LLC No. 2096 EDA 2009 2010 PA Super 178 Atlantic: n/a Filed: 9/23/2010
	Appeal from the Judgment entered January 7, 2010 In the Court of Common Pleas of Montgomery County, Civil Division, No. 08-22584
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: LAZARUS, J.
Hub International Pennsylvania, LLC (“HubPa”), appeals the judgment entered on January 7, 2010 in the Court of Common Pleas of Montgomery County in relation to an Order dated December 17, 2008, granting appellee Christopher M. Missett’s (“Missett”) Motion for Declaratory Judgment and denying HubPa’s Motion for Preliminary Injunctive Relief. After careful consideration, we reverse and remand for further proceedings.

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IN RE: MARCEL CENTENO, PRIVATE DETECTIVE LICENSE APPLICATION APPEAL OF: THE COMMONWEALTH OF PENNSYLVANIA

IN RE: MARCEL CENTENO, PRIVATE DETECTIVE LICENSE APPLICATION APPEAL OF: THE COMMONWEALTH OF PENNSYLVANIA No. 1801 EDA 2009 2010 PA Super 177 Atlantic: n/a Filed: 9/22/2010
	Appeal from the Order entered May 18, 2009, in the Court of Common Pleas, Philadelphia County, Criminal, No. CP-51-MD-0000128-2009
Before: FORD ELLIOTT, P.J., BOWES, J., and McEWEN, P.J.E.
Opinion by: OPINION PER CURIAM
The Commonwealth appeals from the decision of the trial court to issue to appellee, Marcel Centeno, a license under The Private Detective Act of 1953, 22 P.S. §§ 11 et seq. We reverse.

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DUANE REOTT AND PATTY REOTT, Husband and Wife v. ASIA TREND, INC., CLAM CORPORATION (AS SUCCESSOR-IN-INTEREST TO USL OUTDOOR PRODUCTS, INC.)

DUANE REOTT AND PATTY REOTT, Husband and Wife v. ASIA TREND, INC., CLAM CORPORATION (AS SUCCESSOR-IN-INTEREST TO USL OUTDOOR PRODUCTS, INC.), USL OUTDOOR PRODUCTS, INC., REMINGTON ARMS COMPANY, INC., RA BRANDS, LLC and THE SPORTSMAN’S GUIDE No. 2, 109, 112 and 113 WDA 2010 2010 PA Super 176 Atlantic: n/a Filed: 9/21/2010
	Appeal from the Order entered December 14, 2009, Court of Common Pleas, Butler County, Civil Division at No. AD 06-11440
Before: STEVENS, DONOHUE and OTT, JJ.
Opinion by: DONOHUE, J.
Duane Reott (“Mr. Reott”) and Patty Reott (“Mrs. Reott”) (collectively, “the Reotts”) appeal from the order entered on December 14, 2009, denying their motion for post-trial relief filed following a jury verdict in favor of the defendants, Asia Trend, Inc., Remington Arms Company and RA Brands, and The Sportsman’s Guide (collectively, “Appellees”). After careful review, we reverse and remand for a new trial limited to damages.

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MARK W. AMBROSE AND RONALD A. KRAMER v. CITIZENS NATIONAL BANK OF EVANS CITY, PENNSYLVANIA

MARK W. AMBROSE AND RONALD A. KRAMER v. CITIZENS NATIONAL BANK OF EVANS CITY, PENNSYLVANIA No. 847 WDA 2009 2010 PA Super 172 Atlantic: n/a Filed: 9/17/2010
	Appeal from the Order of April 17, 2009, in the Court of Common Pleas of Allegheny County, Civil Division, at No. GD 04-021511.
Before: BENDER, BOWES, and COLVILLE, JJ.
Opinion by: BOWES, J.
Citizens National Bank of Evans City, Pennsylvania (“CNB”) appeals the order dated April 17, 2009 and entered on April 20, 2009, wherein the trial court clarified its April 18, 2009 award of attorneys’ fees totaling $201,704.79 to Mark W. Ambrose and Ronald A. Kramer, hereinafter collectively referred to as Appellees. We affirm.

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IRA G. STEFFY & SON, INC. v. CITIZENS BANK OF PENNSYLVANIA

IRA G. STEFFY & SON, INC. v. CITIZENS BANK OF PENNSYLVANIA No. 2481 EDA 2009 2010 PA Super 175 Atlantic: n/a Filed: 9/17/2010
	Appeal from the Order entered August 7, 2009 In the Court of Common Pleas of Lehigh County Civil No. 2009-C-2091
Before: BENDER, OTT and KELLY, JJ.
Opinion by: KELLY, J.
Appellant/Plaintiff, Ira G. Steffy & Son, Inc., appeals from the order entered in the Lehigh County Court of Common Pleas sustaining the preliminary objections of Appellee/Defendant, Citizens Bank of Pennsylvania, and dismissing Appellant’s amended complaint. After an extensive review of the record, we affirm the trial court’s opinion, finding that Appellant, a subcontractor who was not paid for work performed on a project after Appellee bank failed to release construction funds to the developer, has failed to state a claim for relief against Appellee.

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JUDITH MOORE, ADMINISTRATRIX OF THE ESTATE OF DONNIE R. MOORE, DECEASED, AND IN HER OWN RIGHT v. ERICSSON, INC. (SUCCESSOR TO ANACONDA WIRE AND CABLE

JUDITH MOORE, ADMINISTRATRIX OF THE ESTATE OF DONNIE R. MOORE, DECEASED, AND IN HER OWN RIGHT v. ERICSSON, INC. (SUCCESSOR TO ANACONDA WIRE AND CABLE COMPANY), AMTCO/AMERICAN BILTRITE, CBS CORPORATION, CERTAINTEED CORPORATION, CHAMPLAIN CABLE CORPORATION, CLEAVER-BROOKS, INC., CROWN CORK & SEAL COMPANY, INC., DFT, RPM, BONDEX INTERNATIONAL AND GOODYEAR TIRE AND RUBBER CO., DFT, RPM, BONDEX INTERNATIONAL, FOSTER-WHEELER, LLC, GARLOCK SEALING TECHNOLOGIES, LLC, GENERAL ELECTRIC COMPANY, CY GOLDBERG, INGERSOLL-RAND, GEORGIA PACIFIC, MELRATH GASKET COMPANY, METROPOLITAN LIFE INSURANCE, OWENS-ILLINOIS, INC., RILEY POWER, INC., UNION CARBIDE CORPORATION AND KELLY-MOORE PAINT CO., Appellants No. 2112 EDA 2009 2010 PA Super 173 Atlantic: n/a Petition for Reargument Filed 10/1/2010 Filed: 9/17/2010
	Appeal from the Order entered June 4, 2009 In the Court of Common Pleas of Philadelphia County, Civil Division, No. 001441 October Term, 2006
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: LAZARUS, J.
In this asbestos personal injury action, Appellant/Cross-Appellee Ericsson, Inc. (Defendant/Ericsson) and Cross-Appellant/Appellee Judith Moore, Individually and as Administratrix of the Estate of Donnie R. Moore, Deceased (Plaintiffs/Moore), appeal from the order of the Court of Common Pleas of Philadelphia County denying Ericsson’s post-trial motions and entering judgment on the molded jury verdict in the amount of $1,190,654.00 in favor of Moore. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. JEANETTE GARCIA

COMMONWEALTH OF PENNSYLVANIA v. JEANETTE GARCIA No. 2611 EDA 2009 2010 PA Super 171 Atlantic: n/a Filed: 9/16/2010
	Appeal from the Order entered August 4, 2009 In the Court of Common Pleas of Pike County Criminal No. 294-2009; CP-52-CR-0000294-2009
Before: BENDER, OTT and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Jeanette Garcia, appeals from the judgment of sentence entered in the Pike County Court of Common Pleas following her guilty plea before the magisterial district court. This case presents a novel issue: what relief is available to a defendant who seeks to withdraw a guilty plea made in the magisterial district court after the relevant ten-day period of Pennsylvania Rule of Criminal Procedure 550(D) has expired. We hold that a defendant may file an appeal with the court of common pleas within thirty days after the case is transferred there from the magisterial district court. If that appeal is denied, the defendant will have thirty days thereafter to appeal to the Superior Court. We remand the instant matter for Appellant to file an appeal nunc pro tunc with the Court of Common Pleas. We also deny the Commonwealth’s motion to dismiss this appeal for lack of jurisdiction.

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