Superior Court of Pennsylvania· 8/23/2013

Midwest Financial Acceptance Corp. v. Lopez

Citations

78 A.3d 614
2013 Pa. Super. 239
2013 WL 4500036
2013 Pa. Super. LEXIS 2642

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that the legal effect or enforceability of a contract provision presents a question of law accorded full appellate review
determining that clause “select[ing] a forum of any court in any location” was not a forum selection clause -8- J-A25022-14 circumventing procedural venue rules “as this would amount to selecting no forum at all”
stating the additional documents do not contain material provisions pertinent to the confession of judgment
holding court cannot address factual disputes in petition to strike
observing, “if the truth of the factual averments contained in [the complaint in confession of judgment and attached exhibits] are disputed, then the remedy is by proceeding to open the judgment, not to strike it.”
“A warrant to confess judgment must be explicit and will be strictly construed, with any ambiguities resolved against the party in whose favor the warrant is given.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gantman, Lazarus, Mundy

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Cited by

17 cases in this archive cite this case.

Cites

28 cases in this archive are cited by this case; the 20 most cited are listed.

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