Ryan v. Ryan

Superior Court of Pennsylvania

Ryan v. Ryan

360 A.2d 646, 241 Pa. Super. 190, 1976 Pa. Super. LEXIS 2514

CourtSuperior Court of Pennsylvania

DecidedJuly 15, 1976

DocketAppeal No. 1408

StatusPublished

This text of 360 A.2d 646 (Ryan v. Ryan) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ryan v. Ryan, 360 A.2d 646, 241 Pa. Super. 190, 1976 Pa. Super. LEXIS 2514 (Pa. Ct. App. 1976).

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Opinion

PER CURIAM:

The instant appeal arises from a decree in divorce granted by the lower court following its review of reports of a Master who conducted hearings in the matter. No transcript of such proceedings before the Master have been made available to this Court, despite our Court’s attempts to locate and obtain such records. We cannot adequately provide the de novo review required in these circumstances (see Buckwalter v. Buckwalter, 225 Pa.Super. 117, 310 A.2d 287 (1973) without having a transcript of the proceedings before the Master available. This cause is therefore remanded to the lower court in order to have that court locate the pertinent records, if possible. If such records cannot be produced, the lower court is instructed to initiate action to have the matter reheard before the court or a Master.

Remanded with a procedendo.

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PER CURIAM:

The instant appeal arises from a decree in divorce granted by the lower court following its review of reports of a Master who conducted hearings in the matter. No transcript of such proceedings before the Master have been made available to this Court, despite our Court’s attempts to locate and obtain such records. We cannot adequately provide the de novo review required in these circumstances (see Buckwalter v. Buckwalter, 225 Pa.Super. 117, 310 A.2d 287 (1973) without having a transcript of the proceedings before the Master available. This cause is therefore remanded to the lower court in order to have that court locate the pertinent records, if possible. If such records cannot be produced, the lower court is instructed to initiate action to have the matter reheard before the court or a Master.

Remanded with a procedendo.

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Bluebook (online)

360 A.2d 646, 241 Pa. Super. 190, 1976 Pa. Super. LEXIS 2514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-ryan-pasuperct-1976.

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