Benson v. Benson

Decision Date08 August 1990
PartiesBenson v. Benson NO. 00124HBG90
CourtPennsylvania Superior Court

Affirmed and Remanded.

of the court below was affirmed or otherwise disposed of without opinion or without extended opinion. Beginning with the March 1979 session, the Superior Court adopted a practice of affirming per curiam some cases without a published opinion. However, in most cases a memorandum opinion has been prepared and filed. Copies of these memorandum opinions may be obtained at the clerk's office of the Superior Court in the district in which the case arose. These memorandum opinions cannot be considered as precedent, nor can they be cited for any purpose, except when relevant under the doctrine of the law of the case, res judicata, or collateral estoppel and the memorandum is relevant to a criminal action or proceeding because it recites issues raised and reasons for a decision affecting the same defendant in a prior action or proceeding. When an unpublished memorandum is relied upon, a copy of it must be furnished to the other party and to the Court. (Pa.Super.Ct.R. 65.37.)

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2 cases
  • Smith v. Smith
    • United States
    • Pennsylvania Superior Court
    • July 14, 2006
    ...on the basis of an abuse of discretion." McNaughton, supra at 649 (citing Miller v. Miller, 395 Pa.Super. 255, 577 A.2d 205 (1990)). ¶ 7 In Benson, the trial court deviated from the general rule that assets should be valued as of the date of distribution because the business was largely und......
  • Benson v. Benson
    • United States
    • Pennsylvania Superior Court
    • May 7, 1993
    ...This issue, however, was decided in Dean's favor by another panel of this Court in an unpublished memorandum. Benson v. Benson, 405 Pa.Super. 621, 581 A.2d 967 (1990) [Benson I ]. The Benson I panel ordered the trial judge to value the business at the date of equitable distribution. After t......

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