Thursday, January 24, 2019

A Primer on Interlocutory Appeals

In the case of DSP II, LP v. Dr. Matt Vegari 2012 Irrevocable Trust, No. 18-CV-517 (C.P. Lacka. Co. Nov. 27, 2018 Nealon, J.), the court ruled that an Order overruling Defendant’s Preliminary Objections as to venue did not constitute an appealable Interlocutory Order.   The court therefore ruled, in its Rule 1925 Opinion, that the Defendant’s appeal should be dismissed. 

Judge Terrence R. Nealon
Lackawanna County

The court noted that an appeal from a ruling on the Defendant’s Preliminary Objections constituted an Interlocutory Order and that an appeal of such Order is only permitted “as of right” pursuant to Pa.R.A.P. 311, or if the Defendant had secured permission to appeal the Interlocutory Order under Pa.R.A.P. 312.  

Since the Defendant did not petition for permission to appeal and given that the language required under 42 Pa. C.S.A. §702(b) was not included in the Order, the Defendant was not entitled to appeal the court’s decision on the Preliminary Objections pertaining to venue. As such, in this Rule 1925 Opinion, Judge Nealon concluded that the appeal should be dismissed.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions” Pennsylvania Law Weekly (Dec. 18, 2018)

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