Brooksbey v. Krysevig

Supreme Court of Pennsylvania

Brooksbey v. Krysevig

865 A.2d 835

DecidedJanuary 18, 2005

StatusPublished

This text of 865 A.2d 835 (Brooksbey v. Krysevig) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brooksbey v. Krysevig, 865 A.2d 835 (Pa. 2005).

Pincite

Opinion

ORDER

PER CURIAM.

AND NOW, this 18th day of January, 2005, the order of the Commonwealth Court is VACATED and the matter is REMANDED. The Commonwealth Court abused its discretion in dismissing appellant’s appeal. See Pa.R.A.P. 105(a) (“These rules shall be liberally construed to secure the just, speedy and inexpensive determination of every matter to which they are applicable.”); Pa.R.A.P. 902 (“Failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but it is subject to such action as the appellate court deems appropriate.... ”). The matter is remanded for review of the merits of appellant’s appeal.

Justice EAKIN dissents.

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ORDER

PER CURIAM.

AND NOW, this 18th day of January, 2005, the order of the Commonwealth Court is VACATED and the matter is REMANDED. The Commonwealth Court abused its discretion in dismissing appellant’s appeal. See Pa.R.A.P. 105(a) (“These rules shall be liberally construed to secure the just, speedy and inexpensive determination of every matter to which they are applicable.”); Pa.R.A.P. 902 (“Failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but it is subject to such action as the appellate court deems appropriate.... ”). The matter is remanded for review of the merits of appellant’s appeal.

Justice EAKIN dissents.

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Bluebook (online)

865 A.2d 835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooksbey-v-krysevig-pa-2005.