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GRAZIANO CONSTRUCTION COMPANY v. LAURENCE F. LEE (12/21/79)

decided: December 21, 1979.

GRAZIANO CONSTRUCTION COMPANY, INC., A PENNSYLVANIA CORPORATION, APPELLANT,
v.
LAURENCE F. LEE, JR., BERT A. BETTS, ROY B. DAVIS, JR., N. CLEMENT SLADE, JR., ROBERT M. GREEN, LUTHER H. HODGES, JAMES B. MCINTOSH, ARTHUR W. MILAM, JACK H. QUARITIUS, FREDERICK H. SCHROEDER AND JOHN W. YORK, NOT AS INDIVIDUALS BUT AS TRUSTEES OF FIDELITY MORTGAGE INVESTORS, A MASSACHUSETTS BUSINESS TRUST; AND DLPST CORPORATION, A PENNSYLVANIA CORPORATION, APPELLEES



No. 157 March Term, 1978, Appeal from the Order of the Court of Common Pleas of Allegheny County, Pennsylvania, Civil Division, dated August 29, 1978, at No. 2313 July Term, 1974

COUNSEL

John C. Artz, Robert W. Doty, Eckert, Seamans, Cherin & Mellott, Pittsburgh, for appellant.

Richard B. Tucker, III, Donald L. Very, Tucker, Arensberg, Very & Ferguson, Pittsburgh, for Laurence F. Lee, Jr., et al., not individually but as trustees for Fidelity Mortgage Investors.

Eagen, C. J., and O'Brien, Roberts, Nix, Manderino, Larsen and Flaherty, JJ. Manderino, J., did not participate in the decision in this case.

Author: Flaherty

[ 487 Pa. Page 242]

OPINION OF THE COURT

Appellant, Graziano Construction Co., Inc. obtained a writ of foreign attachment on May 23, 1974 which directed the seizure of certain property owned by appellee, Fidelity Mortgage Investors (hereinafter "FMI"). The attachment of FMI'S property was subsequently released upon the posting of a bond by FMI with the Court. On August 29, 1978, Judge Papadakos of the Court of Common Pleas of Allegheny County ordered the bond discharged and cancelled, thereby

[ 487 Pa. Page 243]

    releasing all obligations on the part of FMI. The following memorandum opinion was filed shortly thereafter:

MEMORANDUM OPINION

September 27, 1978

The facts of this case are as stated in the Motion to Discharge and Cancel Bond. The case is controlled by Schreiber v. Republic Intermodal Corporation, 473 Pa. 614, 375 A.2d 1285 (1977) and Jonnet v. Dollar Savings Bank of the City of New York, 530 F.2d 1123 (3rd Cir. 1976).*fn1

Graziano appealed directly to this Court from the Order of the Court of Common Pleas, citing as its jurisdictional basis the Judicial Code, Act of July 9, 1976, P.L. 586, No. 142, § 2, 42 Pa.C.S.A. § 722(7) (Pamph.1979).*fn2 For the reasons that follow, we hold that jurisdiction over this appeal does not lie in this Court and accordingly order the transfer of this ...


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