Legal Opinion

Indian Mountain Lake Civic Ass'n v. Coyle

Superior Court of Pennsylvania

Decided January 16, 1981No. 2127PublishedCited by 5 opinions

1Opinion of the Court

HESTER, Judge:

Presently before the court is appellant Indian Mountain Lake Civic Association’s appeal from the order of the lower court dated September 6, 1979 wherein appellees’ Preliminary Objections in the nature of Demurrer to appellant’s Amended Complaint were sustained and appellant’s Amended Complaint thereby dismissed.

We reverse and remand.

The gravamen of appellees’ demurrer is that appellant is not the real party in interest pursuant to Pennsylvania Rules of Civil Procedure 2002(a), which provides that “all actions shall be prosecuted by and in the name of the real party in…

2Cases cited3 opinions

  1. Raintree Corp. v. RoweCourt of Appeals of North Carolina · 1978
  2. Smiler v. TollSupreme Court of Pennsylvania · 1953
  3. Starkey Point Property Owners' Ass'n v. Wilson, New York County Courts1978

3Cited by5 opinions

  1. Birchwood Lakes Community Ass'n v. ComisSuperior Court of Pennsylvania · 1982
  2. Hartzfeld v. Green Glen Corp.Supreme Court of Pennsylvania · 1989
  3. Beneficial Mutual Savings Bank v. Murray, Pennsylvania Court of Common Pleas, Delaware County1984
  4. Romagano v. Redmond, Pennsylvania Court of Common Pleas, Monroe County1990
  5. Village at Camelback Property Owners Ass'n v. Carr, Pennsylvania Court of Common Pleas, Monroe County1986

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