green
Positive treatment
Issue: exception to this time barPA ↗
Issue: exception to the time barPA ↗
Issue: Horton testPA ↗
Issue: doctrine rests principlePA ↗
7.6 score
G Cite
cited 2× by 2 distinct cases, 2014–2015 · 2 courts ·
…a sheriff's sale may be set aside after delivery of the sheriff's deed based on fraud or lack of authority to make the sale.
⚠ not in text
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010
2018
2026
Top citers, strongest first. 6 distinct citers.
How cited ↗
discussed
Cited "but see"
Commonwealth v. Kaufman
See also Chase, 960 A.2d at 116 (reaffirming Gleason’s probable cause standard for non-investigative detentions of suspected Vehicle Code violations).” Commonwealth v. Feczko, — A.3d —, 2010 WL 5178034 , filed May December 22, 2010 (en banc) (Emphasis in original) quoting Commonwealth v. Gleason, 785 A.2d 983, 989 (Pa. 2001) and citing Commonwealth v. Chase, 960 A.2d 120, 116 (Pa. 2008); But see Commonwealth v. Muhammed, 992 A.2d 889 (Pa. Super. 2010) and Commonwealth v. Perry, 982 A.2d 1009 (Pa. Super. 2009). 11.
discussed
Cited "see"
Com. v. Lutz, A.
(2×)
See Commonwealth v. Turner, 982 A.2d 90, 92 (Pa. Super. 2009), appeal denied, 992 A.2d 889 (Pa. 2010).
discussed
Cited "see"
Com. v. Williamson, M.
See Commonwealth v. Turner, 982 A.2d 90, 92 (Pa. Super. 2009), appeal denied, 992 A.2d 889 (Pa. 2010). - 14 - J-S35040-21 Here, while the first two prongs of the test were satisfied because Officer Rudy was lawfully outside of Williamson’s vehicle when he first observed the “cigar guts” scattered about the car in plain view through the windows, it failed to satisfy the other two prongs of the test – the incriminating character of the item in plain view and that it had a lawful right to access inside the vehicle.
discussed
Cited "see, e.g."
Wells Fargo Bank N.A. v. McKenna, J.
See also Mortgage Electronic Registration Systems, Inc. v. Ralich, 982 A.2d 77, 80 (Pa.Super. 2009), appeal denied, 606 Pa. 650 , 992 A.2d 889 (2010) (stating sheriff’s sale may be set aside after delivery of sheriff’s deed, if sale was product of fraud or lack of authority to make sale); Blue Ball Nat’l Bank v. Balmer, 810 A.2d 164, 166 (Pa.Super. 2002), appeal denied, 573 Pa. 662 , -8- J-S66004-18 820 A.2d 702 (2003) (noting that gross inadequacy in sale price is sufficient grounds to set aside sheriff’s sale); First Eastern Bank, N.A. v. Campstead, Inc., 637 A.2d 1364, 1365-66 (Pa.S…
discussed
Cited "see, e.g."
US Bank National Association v. Thigpen, S.
See also Mortgage Electronic Registration Systems, Inc. v. Ralich, 982 A.2d 77, 80 (Pa.Super. 2009), appeal denied, 606 Pa. 650 , 992 A.2d 889 (2010) (stating sheriff’s sale may be set aside after delivery of sheriff’s deed, if sale was product of fraud or lack of authority to make sale); Blue Ball Nat’l Bank v. Balmer, 810 A.2d 164, 166 (Pa.Super. 2002), appeal denied, 573 Pa. 662 , -3- J-A14008-18 820 A.2d 702 (2003) (noting that gross inadequacy in sale price is sufficient grounds to set aside sheriff’s sale); First Eastern Bank, N.A. v. Campstead, Inc., 637 A.2d 1364, 1365-66 (Pa.S…
Retrieving the full opinion text from the archive…
ERM OF N.Y. LTD.
v.
RAINIER GROUP OF ATLANTIC USA.
v.
RAINIER GROUP OF ATLANTIC USA.
545 MAL (2009).
Supreme Court of Pennsylvania.
Apr 21, 2010.
992 A.2d 889
Published
Disposition of Petition for Allowance of Appeal Denied.