Morrison Info. v. Members 1st FCU

• Court: Supreme Court of Pennsylvania
• Decided: March 11, 2015
• Docket: 664 MAL 2014 (Granted)
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

MORRISON INFORMATICS, INC., : No. 664 MAL 2014 ANTHONY M. GRIGONIS AND : MALCOLM H. MORRISON : : Petition for Allowance of Appeal from the : Order of the Superior Court v. : : : MEMBERS 1ST FEDERAL CREDIT : UNION, MARK ZAMPELLI, SCOTT : DOUGLASS : : : PETITION OF: MEMBERS 1ST : FEDERAL CREDIT UNION :

ORDER

PER CURIAM

AND NOW, this 11th day of March, 2015, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by Petitioner, are:

(1) When an action is instituted by one who undisputedly lacks the capacity and legal right to bring the claims asserted and preliminary objections are properly sustained on that basis, should the action be dismissed with no leave to amend because no proper plaintiff is before the court?

(2) When an action is instituted by one who undisputedly lacks the capacity and legal right to bring the claims asserted and preliminary objections are properly sustained on that basis, can leave be granted to amend the caption after the statute of limitations expires to substitute one who does have the capacity and legal right to bring the action?