Philadelphia partner Alicia Hickok was quoted in The Legal Intelligencer in an article titled, “‘When in Doubt, Appeal’ in Consolidated Cases.”
A recent ruling by the Pennsylvania Supreme Court in Malanchuk v. Tsimura provided clarity around a rule of civil procedure that had become murky through recent case law – including the Superior Court decision in this case. Specifically, in cases that were consolidated but did not have identical parties, it was unclear whether the appealable order was the one that concluded all matters at all dockets or all matters at one docket. The Supreme Court clarified that an order is appealable docket by docket.
Alicia noted that the ruling “pulled us back to where the rule doesn't provide for anything more than it provides for. I don't think the rule needs to be changed. I think people now will stop reading into the rule.”
Read “‘When in Doubt, Appeal’ in Consolidated Cases” here.