Legal Opinion · Dissent

Balter v. Balter

Superior Court of Pennsylvania

Decided February 13, 1981No. 1512Published

1DissentCavanaugh, Judge

I agree with the Majority that the instant case was properly brought in the Family Division. However, because the appeal is interlocutory and should be quashed, I dissent.

I agree with the Majority’s statement that “if none of the questions raised on this appeal involve a question of jurisdiction, the appeal must be quashed.” The order appealed from is interlocutory; however, a statute provides for an immediate appeal from orders determining questions of jurisdiction. 12 P.S. § 672 (repealed effective June 27,1980). I also agree that the question of whether there is an adequate remedy at law…

2Cases cited12 opinions

  1. Commonwealth v. DavenportSupreme Court of Pennsylvania · 1975
  2. Posner v. SheridanSupreme Court of Pennsylvania · 1973
  3. Commonwealth Ex Rel. Stein v. SteinSupreme Court of Pennsylvania · 1979
  4. Heinz's EstateSupreme Court of Pennsylvania · 1933
  5. Wormley EstateSupreme Court of Pennsylvania · 1948

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