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[U] Swisher v. Swisher

Superior Court of Pennsylvania

June 26, 2013

KELLY M. SWISHER, Appellant
v.
KEVIN M. SWISHER, Appellee. KELLY M. SWISHER, Appellant
v.
KEVIN M. SWISHER, Appellee

NON-PRECEDENTIAL DECISION

Appeal from the Order Entered October 10, 2012 In the Court of Common Pleas of Columbia County Civil Division at No(s): 2010-CV-0001279-DV

Appeal from the Decree November 6, 2012 In the Court of Common Pleas of Columbia County Civil Division at No(s): 1279-2010

ORDER

PER CURIAM.

AND NOW, this 26th day of June, 2013, Appellee counsel's Motion for Continuance of Oral Argument is hereby GRANTED. The Prothonotary is directed to list this matter before the next available argument panel.

DISSENTING MEMORANDUM

STRASSBURGER, J.

I respectfully dissent to the order granting a continuance to Appellee of the argument scheduled for July 9, 2013. The continuance unfortunately contributes to inefficiency in our Court.

When a case is continued in the Superior Court, it does not go before the same panel at a future date. Rather it is scheduled before a new panel which almost assuredly will not be the same three judges. Thus, if a judge has reviewed the briefs, his or her time will have been wasted.

Of course, there will be situations where a continuance is unavoidable. Death, illness, previously-scheduled appellate arguments, previously-scheduled vacations, and perhaps, previously-scheduled trials. This continuance was for none of those reasons. It was so that counsel could prepare for trial.

I dissent.


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