Wednesday, March 20, 2019

Appeal Quashed Where Summary Judgment Entered In Favor of Less Than All Defendants

In the case of Massaro v. Tincher Constr., 2019 Pa. Super 44 (Pa. Super. Feb. 19, 2019 Bender, P.J.E., Nichols, J., Stevens, P.J.E.), the Pennsylvania Superior Court addressed the propriety of an appeal from an Order entering summary judgment for less than all of the Defendants.  

The court ruled that an appeal from an Order entering summary judgment for one (1) Defendant but not other Defendants was not immediately appealable under the Pennsylvania Rules of Appellate Procedure.   The court also noted that, since no request for permission to appeal had been submitted to either the trial court or the appellate court, the appeal from the summary judgment order was quashed.  

The Majority Opinion of the Superior Court by Judge Nichols can be viewed HERE.

The Dissenting Opinion by President Judge Emeritus Bender can be viewed HERE.

Source:  “Court Summaries” by Timothy L. Clawges Pennsylvania Bar News (March 18, 2019).  

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