Martin, T., Aplt. v. Secretary DOC

• Court: Supreme Court of Pennsylvania
• Decided: August 20, 2024
• Docket: 30 EAP 2023
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

THEODORE MARTIN, : No. 30 EAP 2023 : Appellant : Appeal from the Order entered on : September 6, 2023 in the : Commonwealth Court at No. 239 v. : MD 2021 : : THE SECRETARY OF THE DEPARTMENT : OF CORRECTIONS, THE : SUPERINTENDENT/WARDEN OF SCI : HUNTINGDON, THE CLERK OF COMMON : PLEAS COURT OF PHILADELPHIA : COUNTY, : : Appellees :

ORDER

PER CURIAM DECIDED: August 20, 2024 AND NOW, this 20th day of August, 2024, the appeal in the above-captioned matter

is hereby DISMISSED. See Commonwealth v. Harris, 32 A.3d 243, 248 (Pa. 2011) (“With

limited exceptions, Pennsylvania law permits only appeals from final orders.”); 42 Pa.C.S.

§ 723(a) (“The Supreme Court shall have exclusive jurisdiction of appeals from final

orders of the Commonwealth Court entered in any matter which was originally

commenced in the Commonwealth Court[.]”); Pa.R.A.P. 341(b)(1) (“A final order …

disposes of all claims and of all parties[.]”). The Order entered on September 6, 2023 in

the Commonwealth Court at No. 239 MD 2021 is hereby VACATED insofar as it purports

to dispose of the petition filed against the Superintendent/Warden of SCI Huntingdon and

the Clerk of Common Pleas of Philadelphia County, because neither of those parties

responded to the petition. This matter is REMANDED to the Commonwealth Court for

further proceedings consistent with this order.

Justice Brobson files a dissenting statement in which Justice Mundy joins.