Shearer v. Hafer

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

• Court: Supreme Court of Pennsylvania
• Decided: September 13, 2016
• Docket: No. 248 MAL 2016
• Status: Published

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?