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SYSCO CORP. v. FW CHOCOLATIER, LLC

No. 797 WDA 2013

85 A.3d 515 (2014)

2014 PA Super 9

SYSCO CORPORATION and Sysco Pittsburgh, LLC v. FW CHOCOLATIER, LLC t/d/b/a Fudgie Wudgie, L.P., FW Chocolatier, Inc. and Christine M. Falvo v. Three Rivers Confections, LLC v. Trust for Family of Christopher M. Warman and Christopher M. Warman, Individually v. Timothy Grzegorczyk, Richard Condie, and Phin Stubbs. Appeal of Three Rivers Confections, LLC.

Superior Court of Pennsylvania.

Filed January 17, 2014.

Reargument Denied March 20, 2014.

Attorney(s) appearing for the Case

John H. Williams, Jr. , Pittsburgh, for appellant.

Christopher J. Davis , Pittsburgh, for Sysco, appellee.

BEFORE: BENDER, P.J.E., LAZARUS, J., and MUNDY, J.

OPINION BY MUNDY, J.:

Appellant, Three Rivers Confections, LLC, (Three Rivers) appeals from the April 10, 2013 order granting Appellee, Sysco Corporation and Sysco Pittsburgh, LLC, (Sysco)'s motion to release $276,000.00 held pursuant to a sheriff's sale. After careful review, we reverse and remand for proceedings consistent with this opinion.

The trial court has summarized the relevant facts and procedural history as follows.

In 2009, Citizens Bank...

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