Spanier v. Freeh

95 A.3d 342, 2014 Pa. Super. 133, 2014 WL 2931386, 2014 Pa. Super. LEXIS 1208
CourtSuperior Court of Pennsylvania
DecidedJune 30, 2014
StatusPublished
Cited by35 cases

This text of 95 A.3d 342 (Spanier v. Freeh) 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
Spanier v. Freeh, 95 A.3d 342, 2014 Pa. Super. 133, 2014 WL 2931386, 2014 Pa. Super. LEXIS 1208 (Pa. Ct. App. 2014).

Opinion

OPINION BY

PANELLA, J.

Appellants, Louis Freeh and Freeh Sporkin & Sullivan, LLP (collectively “Freeh Sporkin”), appeal from the trial court’s order to stay the filing of the complaint filed by Appellee, Graham B. Spanier, until the completion of Spanier’s criminal proceedings. Freeh Sporkin contends that the trial court erred in ordering the stay as it stripped them of their right to remove the case to federal court. Furthermore, Freeh Sporkin argues that we have jurisdiction to hear this appeal because the trial court’s stay order “is a collateral order appealable under Pennsylvania Rule of Appellate Procedure 313.” Appellants’ Brief, at 1.

We disagree with Freeh Sporkin and find that the trial court’s order does not qualify as a collateral order and therefore, this Court lacks jurisdiction to review the trial court’s order to stay the filing of the complaint. As such, we dismiss this case for lack of jurisdiction.

On July 12, 2012, Freeh Sporkin released a report (“the Report”) detailing the actions of the Pennsylvania State University concerning the child abuse perpetrated by Gerald A. Sandusky. The Report stated that Dr. Spanier concealed critical facts about the Sandusky scandal from the authorities. Following publication of the Report, Spanier was criminally charged for endangering the welfare of children, perjury, obstruction of justice, criminal conspiracy, and failure to report sexual assault. Presently, Spanier’s criminal proceedings have not been scheduled for trial, but the trial is anticipated to take place within a year’s time.

On July 11, 2013, Dr. Spanier filed a praecipe for a writ of summons to initiate a defamation action against Freeh Sporkin, and Pepper Hamilton, LLP. A writ was issued on the same day and later reissued by request of Plaintiff on August 2, 2013. An amended writ was subsequently issued, dropping Pepper Hamilton, LLP from the instant action.

Freeh Sporkin filed a praecipe to file complaint pursuant to Pa.R.Civ.P. 1037(a) and a Rule was issued by the prothonotary on the same day. Spanier then filed a [345]*345motion to stay the civil proceedings, requesting a stay be granted in the above-mentioned action until the criminal charges against him were resolved. The trial court granted the stay on February 25, 2014, holding that the Spanier satisfied the six-factor balancing test set forth in In re Adelphia Communications Sec. Litig., 2003 WL 22358819 (E.D.Pa.2003), and Anderson v. Scott, 2011 WL 10795429 (C.P. Lawrence 2011).

After the February 25 order, Freeh Sporkin filed an emergency motion for reconsideration, which the trial court denied. This timely appeal followed.

Before turning to the merits of the matter before us, we must determine if we have appellate jurisdiction in this matter. An order issuing a stay within an action or proceeding is usually considered interlocutory and not appealable absent a statute, which renders the stay immediately appealable. See Washington v. FedEx Ground Package System, Inc., 995 A.2d 1271, 1275 (Pa.Super.2010). Among other exceptions, the appeal of a grant of a motion to stay civil proceedings is appeal-able and within our jurisdiction if it satisfies the collateral order doctrine pursuant to Pa.R.A.P. 313. See Melvin v. Doe, 575 Pa. 264, 836 A.2d 42, 46 (2003); Ben v. Schwartz, 556 Pa. 475, 729 A.2d 547, 550 (1999).

Rule 313 states:

(a) General rule. An appeal may be taken as of right from a collateral order of an administrative agency or lower court.
(b) Definition. A collateral order is an order separable from and collateral to the main cause of action where the right involved is too important to be denied review and the question presented is such that if review is postponed until final judgment in the case, the claim will be irreparably lost.

Pa.R.A.P. 313. Our case law has made it clear that all three prongs of the rule must be satisfied in order to qualify as a collateral order for our review. See Melvin, 836 A.2d at 46. The collateral order doctrine is “a specialized, practical application of the general rule that only final orders are appealable as of right.” Id. (quoting Geniviva v. Frisk, 555 Pa. 589, 725 A.2d 1209, 1214 (1999)). As such, this Court must stringently apply the requirements of the collateral order doctrine. See id.; see also Rae v. Pennsylvania Funeral Directors Ass’n, 602 Pa. 65, 977 A.2d 1121, 1126 (2009). Absent the satisfaction of all three prongs of the collateral order test, this Court has no jurisdiction to consider an appeal of an otherwise non-final order. See Commonwealth v. Kennedy, 583 Pa. 208, 876 A.2d 939, 943 (2005).

We begin with the first prong of the collateral order doctrine. Our Supreme Court has noted that

a claim is sufficiently separate from the underlying issues for purposes of collateral order review if it is conceptually distinct from the merits of the plaintiff[’]s claim, that is, where even if practically intertwined with the merits, it nonetheless raises a question that is significantly different from the questions underlying plaintiffs claim on the merits.

Pridgen v. Parker Hannifin Corp., 588 Pa. 405, 905 A.2d 422, 433 (2006) (internal quotation marks and citation omitted).

An appeal from an order to stay civil proceedings can be heard without reaching the merits of the underlying claim. See Sew Clean Drycleaners & Launders, Inc. v. Dress for Success Cleaners, Inc., 903 A.2d 1254, 1258 (Pa.Super.2006). The issue of the trial court’s order to stay the filing of the complaint [346]*346can be decided without reaching the merits of Spanier’s defamation cause of action. Therefore, the first prong of the collateral order doctrine is satisfied.

We now turn to our analysis of the second prong of the collateral order doctrine. In order to satisfy the second prong of the collateral order doctrine, it is not sufficient that the issue be important to the particular parties. See Melvin, 836 A.2d at 47. Rather, the issue must involve rights deeply rooted in public policy going beyond the particular litigation at hand. See Ben, 729 A.2d at 552.

Here, Freeh Sporkin assert that the trial court’s order to stay the civil proceedings infringes upon the right of a defendant to remove civil proceedings from state court to federal court. The Appellants contend that this is an important public right that warrants our review of this matter. The longstanding right of removal to federal court was first established by the Judiciary Act of 1789. See Wis. Dep’t of Corrs. v. SChacht, 524 U.S. 381, 386, 118 S.Ct. 2047, 141 L.Ed.2d 364 (1998).

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Cite This Page — Counsel Stack

Bluebook (online)
95 A.3d 342, 2014 Pa. Super. 133, 2014 WL 2931386, 2014 Pa. Super. LEXIS 1208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spanier-v-freeh-pasuperct-2014.