Trevdan Building Supply v. Toll Bros., Inc.

DISSENTING OPINION BY

STEVENS, J.:

¶ 1 I conclude the trial court did not err in finding Gulf Coast has a superior interest to Trevdan to the funds being held by Toll Brothers for the work performed by Houston Drywall, and in addition, Toll Brothers was entitled to attorneys’ fees under 42 Pa.C.S.A. § 2503(4). Therefore, I would affirm the order dividing the inter-pleaded funds as follows: Gulf Coast receiving $89,194.00, Toll Brothers receiving $15,000.00 for attorneys’ fees, and Trevdan *529receiving the remaining $14,740,000. Thus, I respectfully dissent.1

¶ 2 To summarize, I find that the…