IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
November 9, 2011
PAUL STEVENS, RESPONDENT
LISA JACKSON AND THOMAS LUTHER, PETITIONERS
Petition for Allowance of Appeal from the order of the Superior Court
AND NOW, this 9th day of November, 2011, Petitioners' Petition for Allowance of Appeal is GRANTED, and the Superior Court's order quashing Petitioners' appeal is VACATED. This matter is REMANDED for the Superior Court to consider the substance of Petitioners' appeal. Estoppel is at issue in this case. The fact that genetic testing has occurred has not mooted out that issue; genetic testing does not resolve estoppel issues, and the estoppel issue is still being contested by the parties. Estoppel issues arising in paternity testing cases are immediately appealable. See Jones v. Trojak, 634 A.2d 201 (Pa. 1993) and Freedman v. McCandless, 654 A.2d 529 (Pa. 1995). Under this authority, parties are not constrained to wait until they file an appeal regarding a custody order to raise an estoppel argument.
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