Shearer v. Hafer

157 A.3d 477, 638 Pa. 527, 2016 Pa. LEXIS 2014

Opinion

ORDER

PER CURIAM

AND NOW, this 13th day of September, 2016, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by Petitioners, are:

a. Whether the Superior Court should be reversed because it erred in affirming the trial court’s order granting [Respondents’] request for a protective order where Mrs. Shearer has the right to have counsel present and to audio record all portions of a defense neuropsychological examination pursuant to the clear language of Pa. R.C.P. 4010[?]

b. Whether the Superior Court should be reversed because it erred in affirming the trial court’s order granting [Respondents’] request for a protective order where Mrs. Shearer has the right to have counsel present and to audio record all portions of a defense neuropsychological examination and where [Respondents] have not shown good cause to justify stripping Mrs. Shearer of these protections granted to her under Pa.R.C.P. 4010[?]

In addition to the issues framed by Petitioners, the parties are directed to address the following question:

Whether the Superior Court erred in holding that the appeal was properly before it under the collateral order doctrine of Pa. R.A.P. 313?