Levitt v. Patrick

OPINION BY

FITZGERALD, J.:

¶ 1 Appellant, Donald Levitt, M.D. (“Levitt”), appeals from the judgment entered in favor of Appellee, Craig Patrick (“Patrick”), 1 in the Court of Common Pleas of Allegheny County. 2 We hold that a claim need not be discontinued with prejudice for this Court to have jurisdiction to entertain an appeal. We further hold that under the unique facts and circumstances of this case, the action to set aside a sheriffs sale raised issues different than the instant action of mortgage foreclosure. We finally hold that a terre-tenant actually aware of an outstanding mortgage…