Monday, January 26, 2015

Appeal of MSJ Order Quashed in Consolidated Case Where Not All Defendants Dismissed


In the recent Superior Court case of Malanchuk v. Tsimura, 2014 Pa. Super. 277, 1379 EDA 2012 (Dec. 17, 2014 Ford Elliot, P.J.E.), an en banc Court ruled in this construction accident personal injury case that the Plaintiff could not take an appeal from a Summary Judgment against a single Defendant when that negligence case was consolidated with a negligence case against another action where the other Defendant did not receive a Summary Judgment.


The court rejected the Plaintiff's argument that, although the separate claims against the separate Defendants were consolidated, the entry of summary judgments against one Defendant but not the other should be viewed as separate final Orders from the trial court capable of being appealed.


Rather the Malanchuk Court ruled that the Order appealed from was interlocutory in nature as the Order did not dispose of all parties or all claims.  The Plaintiff did not follow the required procedures to seek permission to file an appeal from an interlocutory Order.  As such the appeal was quashed.

I send thanks to the prevailing attorney Robert Horn of Connors Law in Exton, PA for bringing this case to my attention.

Anyone wishing to review this case may click this LINK.



Source of Image: xenonnet.blogspot.com

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