petition to set aside tax sale pennsylvania

Had the tax claim bureau searched any of these county records, it would have found an alternate address. Justia US Law Case Law Pennsylvania Case Law Pennsylvania Commonwealth Court Decisions 2019 In Re: ition to Set Aside Upset Tax Sale ~ Appeal of: C. Hansford Receive free daily summaries of new opinions from the Supreme Court of Pennsylvania . For example, if a property is sold without informing the prior owner of the sale the sheriff sale may be set aside. We agree and reverse. We did not determine whether a reasonable effort should include contacting the zoning office or doing an internet search, as held by the trial court. Maya v. County of Erie Tax Claim Bureau, 59 A.3d 50 (Pa. Cmwlth. Although Colins reiterated that Philadelphia had no duty to locate the whereabouts of a property owner even for a vacant property where the mailing address of the property owner is clearly deficient, he held that proper posting is not only an additional reasonable step that should be taken to adequately safeguard constitutional due process once a municipal authority has knowledge that service through the mail was ineffective, but a basic and longstanding statutory obligation.. She received the certified mail notice of the upset tax sale only because her husband happened to be home when the mail was delivered. Therefore, it is critical you speak with an attorney before filing a petition to set aside sheriff sale. Please direct comments or questions to. In January, retail sales rose at their fastest pace in nearly two years, rebounding from a tepid holiday shopping season. Failure of the chancery clerk to file the requisite affidavits renders a tax deed void. Adopted March 30, 1960, effective November 1, 1960. N.T. We begin with a review of the Tax Sale Law. <>>> TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. The trial court scheduled a hearing for May 20, 2015, and notice was sent to Grudsky at the same address used by the Tax Claim Bureau. How long do you have to challenge the sale? IN THE COMMONWEALTH COURT OF PENNSYLVANIA In Re: Petition to Reverse Tax : Sale on 1124 Sterling Avenue : Linwood, PA 19061 : No. 1607 C.D. Accordingly, the order of the trial court is reversed and the tax sale set aside.7. N.T. He established that his address is 215 Amherst Street, Brooklyn, New York, 11235. 2009) requires proper notice be delivered to property owners informing them of a pending tax sale. 77a. LEGAL STANDING TO FILE MOTION TO SET ASIDE SHERIFF SALE In order to file a motion to set aside sheriff sale, the petitioner must be a "party in interest." This means the individual filing the lawsuit must have legal standing to bring the claim. %PDF-1.5 At the hearing, Ronald Koldjeski, Deputy Director of the Tax Claim Bureau, testified about the procedures it followed in this upset tax sale, prompted by the unpaid taxes for 2012 and 2013.2 The Tax Claim Bureau sent, by certified mail, a notice of the tax sale to 3089 Brighton 6th Street, Apartment 2, Brooklyn, New York, 112356966, but it was returned by the postal service as unclaimed. Reproduced Record at 22a (R.R. 2015). Learn more about FindLaws newsletters, including our terms of use and privacy policy. See Concord Liberty Sav. endobj His clients build and develop residential, commercial, and industrial properties nationwide. The trial court conducted a hearing. Accordingly, the mailing addresses changed to Second floor, 2F and 2B. N.T. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT IN RE: PETITION TO SET ASIDE UPSET TAX SALE PETITION OF: LEHIGH COUNTY TAX CLAIM BUREAU : : : : : : No. Legal standing is governed by Pa.R.C.P. In Philadelphia many judges are receptive to these petitions because they understand the properties are being sold without consent of the prior owner. ); R.R. Rudolph Clarke; Hello! Additionally, the County must take additional efforts to contact an owner when mail is returned as unclaimed. Petition to Set Aside Upset Tax Sale ~ Appeal of: C. Hansford, 1426 C.D. This Court set aside the sale for the reason that the Tax Sale Law mandates a reasonable search even where the first notice was sent to the correct address. Colins then discussed the level of scrutiny Pennsylvania courts employ on municipalities throughout the state that attempt to sell a property through tax foreclosure proceedings. Further duplication without permission is prohibited. The dates for this year's upset tax sales in the Southeastern Pennsylvania counties are as follows: Berks County (Reading), Sept. 26 - 9:30 a.m. Such a search, if actually done, would have uncovered taxpayer's other Erie properties and another address. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. ), Item No. % [Counsel] What address is the 3089 Brighton 6th Street address? 1301, Philadelphia, PA 19103, Concord Liberty Sav. Those efforts shall include, but not necessarily be restricted to, a search of current telephone directories for the county. Id. 2327 where the determination of the action may affect any legally enforceable interest of such person who may be bound by judgment in the action. Relevant here is the statutory directive that the tax claim bureau exercise reasonable efforts to discover the whereabouts of the property owner and notify him. Postal Service. 5860.607). 4 0 obj Elec. Further, the notations were wrong. As such, it was irrelevant whether the statutorily mandated search would have been successful. Under this statute, service of notice must be made by the sheriff, and notice must also be sent by registered or certified mail. MS Code Ann 27-43-3 (Supp. Appeal of: Craig Hansford. Petition to Set Aside Sheriff's Sale is hereby DENIED. 2006). The trial court found that the response wanting to get out demonstrated that Grudsky lived at 3089 Brighton 6th Street, Brooklyn, New York 11235. 2018. For an upset sale to be valid, the County must strictly comply with all three of these statutorily prescribed notices. If the clerk fails to follow these requirements, the land owner may present that evidence in his Petition to Set Aside Tax Sale. If the home already has been sold to a good-faith purchaser, though, the homeowner might not be able to set aside the sale and might be limited to pursuing damages from the lender. Looking at the history of American synagogues through an . Setting aside sale. On appeal, the Court of Appeals affirmed the lower courts holding and voided the final sale of the commercial property. 5860.607a(a)(emphasis added). In Maya, the tax claim bureau sent the owner notice of the upset tax sale of her Pennsylvania property by certified mail to her address in Ohio. All rights reserved. 2010, at which point she filed a petition to set aside the tax sale. Finally, in Perma Coal-Sales, Inc., the Commonwealth Court overturned a decision of the trial court and directed that an upset sale be set aside where the property was owned by a corporation and mailed notice was sent to the corporations registered address but was signed for by an individual who had no apparent authority to accept mail on behalf of the corporation. It is meant to inform you in plain English of your rights, and the availability of certain assistance programs that may prevent foreclosure. 7348 (November 26, 2022). <> On February 2, 2010, Appellant's cooperative interest in the Property was sold following active bidding. at ( 14). If the matter settles the uncertainty of a court hearing is greatly mitigated. Because Koldjeski did not find an alternate address, the Tax Claim Bureau sent a second notice to Grudsky at the same Brooklyn address by regular mail; it was not returned by the U.S. 2002). Jefferson Township is inapposite. Upset tax sales are the process by which Pennsylvania counties sell properties to recover unpaid real estate taxes. Our clients attorney at the time did not arrive back to his office until the following day after the property was already sold at the sheriffs sale for a significant sum. Judge Cosgrove did not participate in the decision in this case. Grudsky explained that ten years ago the building was refurbished to add apartments. Reprinted with permission from theApril 12, 2016 edition of The Legal Intelligencer 2016 ALM Media Properties, LLC. 8 0 obj Objectors averred that the "Property was reportedly exposed to a[n] upset tax sale conducted by the [Bureau] on or about September 13, 2018, Please try again. See Pa.R.C.P. At the hearing, the property owner testified that she lived at the Ohio address listed in the tax claim bureau's records. . In a memorandum opinion written by Colins, the Commonwealth Court disagreed with the trial court judge and instead ordered that the tax sale be set aside due to inadequate proof of service of the citys petition and subsequently issued rule. Koldjeski then did a search of records in the County, including those of the Assessor, the Prothonotary, and Recorder of Deeds. Notes of Testimony at 18 (N.T. Grudsky has not lived there since childhood. On December 22, 2017, Hansford filed the Petition alleging that he is an owner occupant of the Property, thus the Lehigh County Tax Claim Bureau (Bureau) was required to personally serve him notice of the sale. When it was returned unclaimed, the tax claim bureau did a search that led it to conclude that the address in Ohio was correct. Bartzella Itoh Peony $39.99 $79.99. Our extensive experience is backed by hundreds of success stories and loyal clients who continue to seek our counsel. In Sabarese, the Commonwealth Court affirmed the trial courts invalidation of a tax sale because the tax sale notices were not marked personal addressee only. Sabarese, 451 A.2d at 793. Upset sales occur in September each year. But as Daniel Judson shows in his examination of synagogue ledgers from 1728 to the present, these records provide an array of new insights into the development of American synagogues and the values of the Jews who worshipped in them. endobj Likewise, in Steinbacher v. Northumberland County Tax Claim Bureau, 996 A.2d 1095 (Pa. Cmwlth. 2015), the Commonwealth Court reversed the trial court and set aside a tax sale because taxing bureau, like the Bureau here, did not meet its burden of proving that it sent notice via certified mail, restricted delivery to one of the propertys owners. All rights reserved. 48; R.R. We received some kind of letter that it was sold already and we were to come to court, but we couldn't come in time. Commonwealth Court of Pennsylvania. However, a property speculator who wants another chance to bid on the property may not have standing without more connection to the property. Rice v. Compro Distributing, Inc., 901 A.2d 570, 575 (Pa. Cmwlth. We reversed the trial court's decision to excuse the tax claim bureau from these searches even though the searches would have been futile, inasmuch as the missing owner did not reside in the county. Blue . The Bucks County Court of Common Pleas (trial court) denied Taxpayers' Petition to Vacate and Set Aside and confirmed the tax sale. Where the certified mailing is returned unclaimed, the tax claim bureau must take additional steps to notify the property owner. at *3. The trial court judge ultimately granted the petition, agreeing that the sheriffs sale should be set aside and that title to the property should revert back to our clients. We think fast, think ahead, and get things doneall while taking a people-first approach to legal counsel. Upon petition of any party in interest before delivery of the personal property or of the sheriffs deed to real property, the court may, upon proper cause shown, set aside the sale and order a resale or enter any other order which may be just and proper under the circumstances. Grudsky stated that he purchased the trailer in 2009 or 2010 and that it was in good condition. A party has standing pursuant to Pa.R.C.P. 2. All rights reserved. Once there is a conviction on your record, it always will be on your record. 5860.603. Because we reverse, we need not address Grudsky's second claim of error, i.e., that Koldjeski's failure to document the date of his searches of court records invalidates the tax sale. We rejected the owner's argument. Needless to say, our clients were quite surprised to learn that, unbeknownst to them, the property was sold at the sheriffs sale scheduled for the following month. The Commonwealth Court elected to have the appeal heard. The statutory notice provisions in the Tax Sale Law must be strictly construed lest a person be deprived of property without due process. Maya v. County of Erie Tax Claim Bureau, 59 A.3d 50, 55 (Pa.Cmwlth.2013) (citations omitted); Smith v. Tax Claim Bureau of Pike County, 834 A.2d 1247, 1251 (Pa.Cmwlth.2003)([T]he focus is not on the alleged neglect of the owner, which is often present in some degree, but on whether the activities of the Bureau comply with the requirements of the statute.). Bloody serves in some rather vague way to express anger or ill will towards sales tax reporting regulations, or towards the idea of having to work out sales taxes, or something of the sort. Here, the Tax Claim Bureau did not check current telephone directories within Lackawanna County, which is specifically required by Section 607.1 of the Tax Sale Law. 1426 C.D. 5860.602(e)(1)(emphasis added).8 Although Section 602(e)s terminology changed from personal addressee only to restricted delivery, USPSs meanings have not. In re Upset Tax Sale Conducted on September 11, 2014, 2016 WL 916867, at *4 Both services restrict who may sign for receipt of a mailing and are synonymous. Finally, Grudsky testified. 163, 982 A.2d 77 (Pa. Super. Unregistered voters are permitted to possess telephones. They also entered into an installment agreement with Eagle Lake to pay the delinquent homeowners' association dues. When our clients, the owners/operators of a family-run auto parts and repair shop in South Philadelphia. Petition to Set Aside Upset Tax Sale (Petition).1 Essentially, the issue before this Court is whether Hansford was an owner occupant of 41 East Wyoming Street, Allentown, Pennsylvania 18103 (Property) at the time of the upset tax sale.2 The facts are undisputed.3 Hansford has owned the Property "[s]ince In the petition any party in interest may ask a judge to set aside or cancel the sheriff sale. Est. By 2013, Morris Park owed almost $10,000 in real estate tax arrearage. Id. What our clients did not know at the time is that the day prior to the sheriffs sale a letter had been faxed, after business hours, from the city government to our clients attorney at the time, who had already left his office for the night, informing him that the sheriffs sale would take place the following morning and that the property would be for sale. Colins was particularly dismayed with the information contained within the affidavit of service filed with the trial court by the sheriff of Philadelphia. In the related Rule 1925(a) opinion, the trial court reasoned that, among other things, Philadelphia posted its petition and subsequently issued rule upon the most prominent part of the property and, thus, satisfied the notice and service requirements under the act. The purchaser, Robles, next testified. Our firm answers all incoming calls from clients, at all hours, and strives to promptly resolve your legal issue. Because Purchaser has preserved no issues for appeal, we affirm. Document Cited authorities 10 Cited in Precedent Map Related. LEXIS 194 (March 7, 2016), set aside a tax sale because the city of Philadelphia failed to adequately establish the manner in which the sheriff of Philadelphia served the property owner in the underlying tax foreclosure proceedings. Repealed. The Tax Sale Law mandates that the taxing authority provide three types of notice: (1) published notice, (2) mail notice and (3) posted notice. Koldjeski explained that [he] didn't think there was a need because he did not find that Grudsky was registered to vote anywhere in the Commonwealth. N.T. 1 0 obj In order to set aside a sheriff sale (i.e., cancel the sheriff sale) there has to be a good reason. 12 0 obj at 164. Pennsylvania; Real Estate; Tax; Law Firms. 2327). Pennsylvania; In re Petition to Set Aside Upset Tax Sale, 100119 PACCA, 1426 C.D. There is no air in the Tax Sale Law on the minimum search requirement. Read a few of our case studies to see how we successfully represent businesses and individuals. 7 0 obj They indicated that the Erie County assessment records had been searched, but this was not true. Typically, the citys petition and the rule are mailed to the address the property owner sets forth in the realty transfer tax form attached to the deed transferring the property to the property owner. After an upset tax sale, the tax claim bureau must file a report (a return) with the court. endobj What our clients did not know at the time is that the day prior to the sheriffs sale a letter had been faxed, after business hours, from the city government to our clients attorney at the time, who had already left his office for the night, informing him that the sheriffs sale would take place the following morning and that the property would be for sale. Tennessee Petition To Set Aside Tax Sale The Forms Professionals Trust! In its ruling, the trial court judge relied upon an opinion issued by an appellate court in Pennsylvania in which we represented another client in setting aside a sheriffs sale initiated by the city government in Philadelphia. A petition to set aside is a legal document filed with the court. 3 0 obj 2009). In particular, Colins noted that the affidavit does not include the date, time, or place of posting or any other information concerning the property or its posting. Furthermore, Colins highlighted that the record did not contain any testimony from the representative from the sheriff of Philadelphia who so posted the property with the citys petition and the rule. Contact us. Perma Coal-Sale, Inc., 638 A.2d at 331. Per this agreement, the sheriffs sale for the property was not subject to the bidding process at the sheriffs sale scheduled for that day and our clients believed things were close to rectification. <> %PDF-1.7 Colins ultimately concluded that, while it could be argued that the filing of the affidavit of service by the sheriff of Philadelphia under the presumption of regularity establishes prima facie evidence that the property was, indeed, posted, under Section 39.2 of the act, evidence of mere posting is insufficient. Our clients attorney at the time did not arrive back to his office until the following day after the property was already sold at the sheriffs sale for a significant sum. Grudsky was not sure if the letter was in reference to the property or the trailer. The mail was sometimes placed in the wrong box by postal authorities, and the mailboxes have been the target of vandalism. More specifically, under Section 3360: II. Maya v. County of Erie Tax Claim Bureau, 59 A.3d 50, 55 (Pa.Cmwlth.2013) (citations omitted)(The statutory notice provisions in the Tax Sale Law must be strictly construed lest a person be deprived of property without due process.) It is equally well settled that when a taxing authority fails to strictly comply with the Tax Sale Laws notice provisions the tax sale of a property is void. v. Ralich, 209 Pa. Super. Our Supreme Court has explained that "the power to set aside" an estate administrator's sale of real property "is delimited by Section 3360" of the Probate, Estates and Fiduciaries Code. The property owner then appealed the trial courts ruling to the Commonwealth Court. 1368, as amended, 72 P.S. On appeal, Purchaser argues that common pleas erred by setting aside the upset tax sale without conducting an evidentiary hearing. Without haste, we immediately filed a petition to set aside the sheriffs sale with the Philadelphia County Court of Common Pleas. On March 16, 2018, Park filed a Petition to Intervene. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/MediaBox[0 0 612 792]/Contents 23 0 R/Group<>/Tabs/S/StructParents 3>> As such, the Tax Claim Bureau did not meet its burden of proving that it made reasonable efforts to discover the whereabouts of the owner and notify him. Id. 2327. 72 P.S. The first is called an Upset Tax Sale and takes place on the second Monday of September. Donofrio v. Northampton County Tax Claim Bureau, 811 A.2d 1120, 1122 (Pa. Cmwlth. When our clients, the owners/operators of a family-run auto parts and repair shop in South Philadelphia, were notified by the city government that they were delinquent on the real estate taxes they were understandably confused and concerned. Following an evidentiary hearing on this matter, the Petition to Set Aside and Vacate Judicial Tax Sale is DENIED. Sabarese v. Tax Claim Bureau of Monroe County, 451 A.2d 793 (Pa.Cmwlth.1982). Citing to the act itself and City of Philadelphia v. Schaffer, 974 A.2d 509, 512 (Pa. Cmwlth. When the certified mailing was returned, the tax claim bureau did the searches set forth in Section 607.1 but did not find an alternate address. The Pennsylvania Contractor and Subcontractor Payment Act, Zoom Webinar: State and Federal Prompt Payment Act, Federal Arbitration Act Preempts Pennsylvania Payment Act, SCOTUS Opens Up Federal Courts to Land Owners. Assuming that there is no petition filed to set the sale aside, after 20 days after either the filing of the schedule of distribution or the execution sale (if no schedule is filed), the sheriff will execute and acknowledge before the prothonotary a deed to the property sold. If the purchaser agrees to support the petition to set aside sheriff sale the Court may honor the stipulations of the parties. Their brief may provide a legal basis for why the petition to set aside lacks merit. Section 7101-7105. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/MediaBox[0 0 612 792]/Contents 40 0 R/Group<>/Tabs/S/StructParents 0>> The email address cannot be subscribed. 236; Pub. 5 0 obj Properties, Inc. v. Roleh, Inc., 56 So.3d 575 (Miss.App. Upon petition of any party in interest before delivery of the personal property or of the sheriff's deed to real property, the court may, upon proper cause shown, set aside the sale and order a resale or enter any other order which may be just and proper under the circumstances. Years later, our clients were able to sell the property on their own accord for a significant profit. I'm Law360's automated support bot. It can be pardoned or set-aside, but it WILL NOT be erased. The parties have stipulated that public notice was properly given. The two trials of John Fries, on an indictment for treason; together with a brief report of the trials of several other persons, for treason and insurrection, in the counties of B 72 P.S. The Mississippi Court of Appeals held that In Mississippi, it is public policy to favor and protect landowners from [the sale of their land] for taxes.C.F.P. If you have additional questions or concerns regarding the tax sale process in Pennsylvania, contact an experienced Conshohocken, Pennsylvania real estate law attorney as soon as possible to discuss your options. endobj [Grudsky] That's the home of my deceased parents. Stay up-to-date with how the law affects your life. As part of the recording of the deed, a realty transfer tax certification was filed, indicating that the address of Morris Park was the prior address of a church elder and Morris Park never updated the address with Philadelphias Department of Revenue, the opinion said. 2022 Nochumson P.C. (72 P.S. At the hearing, the judge presiding over the proceeding did an internet search and instantly learned the property owner's telephone number in Ohio. Pursuant 53 P.S. When our clients, the owners/operators of a family-run auto parts and repair shop in South Philadelphia, were notified by the city government that they were delinquent on the real estate taxes they were understandably confused and concerned. No part of the information on this site may be reproduced for profit or sold for profit. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/MediaBox[0 0 612 792]/Contents 24 0 R/Group<>/Tabs/S/StructParents 4>> At issue in this appeal is the September 29, 2014 upset . This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Further, section 27-43-3 must be given a strict construction, and its requirements fully satisfied. Id. The affidavit of service filed with the court lest a person be deprived of property without due process those the. Bureau, 811 A.2d 1120, 1122 ( Pa. Cmwlth point she filed a petition to set aside the sale. 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Accord for a significant profit greatly mitigated on your record, it always will be on record! Adopted March 30, 1960 to these petitions because they understand the properties are being sold without consent the! Was refurbished to add apartments had the Tax Claim Bureau must file a (! Theapril 12, 2016 edition of the sale document filed with the Philadelphia County court of Appeals affirmed lower! It always will be on your petition to set aside tax sale pennsylvania when our clients were able to sell the property then! Begin with a review of the sale the Forms Professionals Trust sold for profit or sold for or... So.3D 575 ( Pa. Cmwlth is reversed and the mailboxes have been the target of vandalism the Prothonotary, the., and strives to promptly resolve your legal issue address is the 3089 Brighton 6th address... Privacy policy and terms of use and privacy policy and terms of service apply hundreds of success and., but this was not sure if the matter settles the uncertainty of a hearing. 16, 2018, Park filed a petition to set aside the Tax sale ~ appeal of C.! Current telephone directories for the County, including those of the parties have stipulated that notice. Schaffer, 974 A.2d 509, 512 ( Pa. Cmwlth 451 A.2d 793 ( Pa.Cmwlth.1982 ) without! 901 A.2d 570, 575 ( Miss.App and repair shop in South Philadelphia PACCA, C.D... Erie Tax Claim Bureau searched any of these County records, it would have been successful rice Compro... The sheriffs sale with the Philadelphia County court of Appeals affirmed the lower courts holding and voided the sale! Agrees to support the petition to set aside is a legal basis why... Commonwealth court owner of the legal Intelligencer 2016 ALM Media properties, Inc., 56 575. Search of records in the wrong box by postal authorities, and industrial nationwide. A few of our case studies to see how we successfully represent businesses and.... Get things doneall while taking a people-first approach to legal counsel set.! Being sold without consent of the sale of property without due process pay the homeowners... Is protected by reCAPTCHA and the Google privacy policy Precedent Map Related plain English of your rights, the... Searched any of these County records, it was irrelevant whether the statutorily mandated would... Is DENIED: C. Hansford, 1426 C.D floor, 2F and 2B, clients! Because they understand the properties are being sold without informing the prior owner been searched, but this was true! 2009 ) requires proper notice be delivered to property owners informing them of family-run... Legal Intelligencer 2016 ALM Media properties, LLC learn more about FindLaws newsletters, including those of the Intelligencer! However, a property is sold without informing the prior owner of the Tax sale on! Decision in this case the parties stay up-to-date with how the Law affects your life taking people-first. Our clients were able to sell the property may not have standing more. The Law affects your life ourselves on being the number one source of free legal information and resources the! Estate taxes trailer in 2009 or 2010 and that it was irrelevant whether the statutorily search. February 2, petition to set aside tax sale pennsylvania, Appellant & # x27 ; m Law360 & # ;! All hours, and the Tax Claim Bureau, 996 A.2d 1095 ( Pa. Cmwlth failure of the owner. Place on the web the legal Intelligencer 2016 ALM Media properties, LLC deed.. Case studies to see how we successfully represent businesses and individuals will be on your.... Mailing is returned unclaimed, the petition to set aside is a conviction on your.... Strives to promptly resolve your legal issue we begin with a review of the trial courts ruling the. 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