Varner-Mort, D. v. Kapfhammer, B.
This text of Varner-Mort, D. v. Kapfhammer, B. (Varner-Mort, D. v. Kapfhammer, B.) 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.
Opinion
J. A29033/14
2015 PA Super 14
DONNA VARNER-MORT AND : IN THE SUPERIOR COURT OF DANIEL MORT, H/W, : PENNSYLVANIA : Appellants : : v. : : BRIDGET KAPFHAMMER : No. 261 WDA 2014
Appeal from the Order, January 24, 2014, in the Court of Common Pleas of Blair County Civil Division at No. 2011 GN 2170
BEFORE: FORD ELLIOTT, P.J.E., ALLEN AND STRASSBURGER,* JJ.
CONCURRING STATEMENT BY FORD ELLIOTT, P.J.E.: FILED JANUARY 21, 2015
I concur in the result reached by the Majority because I disagree with
the suggestion that the holding in Walls v. Scheckler, 700 A.2d 532
(Pa.Super. 1997), was “just plain wrong.” To the contrary, I believe a
unanimous panel of this court correctly decided Walls, and allowance of
appeal was denied by our Supreme Court in 1998. My research has
disclosed no other appellate decision which calls into question its holding.1
* Retired Senior Judge assigned to the Superior Court. 1 Walls was distinguished in Haines v. Jones, 830 A.2d 579 (Pa.Super. 2003), based on the facts unique to the Haines case.
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