Opinion
J-S07001-18 No. 1800 EDA 2017
05-01-2018
OSAMA R. ABUGHAZALEH, Appellant v. RAND S. ASHER, Appellee
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Order Entered May 12, 2017
In the Court of Common Pleas of Montgomery County
Civil Division at No(s): 2015-09486 BEFORE: BENDER, P.J.E., PANELLA, J., and FORD ELLIOTT, P.J.E. MEMORANDUM BY BENDER, P.J.E.:
Appellant, Osama R. Abughazaleh, appeals from the May 12, 2017 order granting summary judgment in favor of Appellee, Rand S. Asher. After careful review, we affirm.
This matter arises from a complaint in confession of judgment filed by Appellant on April 30, 2015, in an attempt to collect monies allegedly owed to him by Appellee pursuant to three separate agreements entered into by the parties: (1) a $100,000.00 written promissory note entered into in 1994, (2) a $35,000.00 oral agreement for a loan made in 2002, and (3) a $3,900.00 oral agreement for a loan made in 2003. On May 12, 2017, the trial court entered an order granting Appellee's motion for summary judgment. We need not reiterate the history of this case at length herein, as the trial court sufficiently set forth the relevant facts and procedural history in its October 30, 2017 opinion. See Trial Court Opinion, 10/30/17, at 1-3.
On June 7, 2017, Appellant filed a timely notice of appeal, followed by a timely, court-ordered Pa.R.A.P. 1925(b) concise statement of errors complained of on appeal. Herein, Appellant presents the following issue for our review: "Did the lower court commit legal error and/or abuse its discretion, by entering summary judgment in favor of [Appellee] and against [Appellant], based on the purported application of the relevant statute of limitations and/or of the principle of judicial estoppel?" Appellant's Brief at 3.
We have reviewed the certified record, the briefs of the parties, and the applicable law. Additionally, we have reviewed the thorough and well-crafted opinion of the Honorable Carolyn Tornetta Carluccio of the Court of Common Pleas of Montgomery County, entered on October 30, 2017. We conclude that Judge Carluccio's well-reasoned opinion accurately disposes of the issues presented, and we discern no abuse of discretion or error of law. Accordingly, we adopt Judge Carluccio's opinion as our own and affirm the order granting Appellee's motion for summary judgment on that basis.
Order affirmed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 5/1/18
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