In the case of
Haviland v. Kline & Specter, No. 1791 EDA 2017 (Pa. Super. March
22, 2018 Murray, J., McLaughlin, J., and Stevens, J.) (Op. by Murray, J.), the
Pennsylvania Superior Court addressed the rules of pertaining to permissible
appeals from the trial court. In this particular case, the question was whether
a trial court’s denial of a motion to disqualify a court appointed neutral
arbitrator was appealable.
The court
ruled that it was not and, therefore, he appeal was quashed.
This matter arose out of a dispute between law firms over
fees. In the trial court proceedings,
the court appointed a neutral arbitrator to hear the matter. One of the parties involved filed a motion
to disqualify that arbitrator. After
the trial court denied the motion to disqualify the neutral arbitrator, the
case was appealed.
A main portion of this court’s Opinion dealt with whether
the trial court’s denial of the motion to disqualify the arbitrator was
appealable as a non-final order. In
this regard, the Superior Court stated that it was unable to locate any case
directly on point. However, the court concluded that the case law addressing
the interlocutory nature of pre-trial recusals of trial court judges to be
persuasive and instructive.
The court held that “an order denying a motion seeking the
recusal or disqualification of an arbitrator, as with an order denying the
recusal of a trial judge, is not a final order or an interlocutory order
appealable as of right or as a collateral order.
Given that the Superior Court found that the trial court’s
Order denying a party’s motion to disqualify an arbitrator is not a final order
or an interlocutory order appealable as of right or as a collateral order, the
Superior Court quashed this appeal as it, therefore, did not have jurisdiction
to the merits of the issue presented.
Anyone wishing to read this case may click this LINK.
