Pa. Supreme Court Says It Shouldn't Have Taken Two Appeals

By Amaris Elliott-Engel
Of the Legal Staff

The state Supreme Court has issued orders this week saying it improvidently granted appeals in two cases argued before the court in its most recent oral argument session in Philadelphia.

The cases are: Estate of Terry L. Kendall and Salera v. State Farm Fire and Casualty Co.

In the Kendall case, the court was asked to consider whether Orphans' Court judges have the equitable power, not possessed by other common pleas judges, to reverse errors made in final declaratory judgments more than 30 days after they are entered. The court's order keeps in place a state Superior Court ruling that a Montgomery County Common Pleas Court judge sitting in the Orphans' Court division could issue a second declaratory judgment, the terms of which were in conflict with a previous declaratory judgment rendered by the court.

Pennsylvania Chief Justice Ronald D. Castille had framed the issue in oral argument as a conflict between Section 5505 of the Judicial Code, which states, "a court upon notice to the parties may modify or rescind any order within 30 days after its entry, notwithstanding prior termination of any term of court, if no appeal from such order has been taken or allowed," and Section 3521 of the Probate, Estates and Fiduciaries Code, which allows an Orphans' Court, within five years, to review the "final confirmation of any account of a personal representative" and give "such relief as equity and justice shall require." It appears the court is weighing in favor of Section 3521 applying to Orphans' Court judges.

In the Salera case, the court was considering the claims of homeowners, allegedly denied general contractor overhead and profit by their insurers in property damage claims, who said they should proceed by class action. The Philadelphia Common Pleas Court judge, denying class certification, concluded that individual issues, not common issues, were predominant in the litigation. The Superior Court had affirmed the trial judge.

Contact reporter Amaris Elliott-Engel at [email protected].