Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MATTER HARRISON SQUARE (02/15/79)

decided: February 15, 1979.

IN THE MATTER OF HARRISON SQUARE, INC. APPEAL OF SANFORD M. LAMPL, RECEIVER FOR HARRISON SQUARE, INC., DEBTOR


No. 721 April Term 1978, No. 842 April Term 1978, Appeals from Orders dated February 28, 1978 and March 16, 1978, in the Court of Common Pleas of Allegheny County, Pennsylvania, Civil Division, at No. 1536 July Term, 1974

COUNSEL

David Abrams, Monroeville, for appellant.

Ray N. Lochner, Pittsburgh, for appellee, John W. Thrower, Inc.

Edward C. Leckey, Pittsburgh, for appellee, A. J. Demor & Sons, appellee.

Van der Voort, Spaeth and Montgomery, JJ.

Author: Per Curiam

[ 263 Pa. Super. Page 326]

These two appeals by a receiver appointed under the Insolvency Act of 1901 P.L. 404, 39 P.S. Sect. 1 et seq. are from the dismissal of his petition to sell certain real estate of the insolvent free and clear of liens, except the lien of a first mortgage; and from two orders denying reargument and reconsideration of that action. The petition to sell was dismissed by order dated February 28, 1978, and four days later, March 4, 1978, appeal No. 721 was taken. The petition for re-argument with exceptions to the dismissal order were filed March 9, 1978. The order refusing re-argument and dismissing the exceptions was dated March 16, 1978 and appeal 842 from these orders was taken April 14, 1978.

Clearly, by taking the appeal on March 4, 1978, the appellant removed the case from the lower court and rendered it powerless to pass on the petition for reargument and the exceptions filed March 9, 1978.

However, we are of the opinion that no right of appeal by the plaintiff-receiver existed, and both appeals will be

[ 263 Pa. Super. Page 327]

    quashed. This will leave the case in the posture that when the record is returned to the lower court, it may permit re-argument and consider the exceptions filed by appellant if it so desires.

Under Pa.R.A.P. 501, unless the right of appeal is enlarged by statute, the appellant must be aggrieved by the order from which the appeal is taken, or if a fiduciary, his estate or trust must be so aggrieved. This has been interpreted to mean that the harm to his interest must be direct, immediate, substantial and pecuniary in nature. Wm. Penn Parking Garage, Inc. v. City of Pittsburgh, 464 Pa. 168, 346 A.2d 269 (1975).

Generally, receivers and assignees for the benefit of creditors have been denied the right of appeal since neither they nor their estates, are adversely affected. Mellon's Appeal, 32 Pa. 121 (1858). Ahl's Assigned Estate, 15 Pa. Super. 224 (1900); Herbst's Appeal, 90 Pa. 353 (1879); Cameron v. City Bank of York, 284 Pa. 187, 130 A. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.