Petition for Allowance of Appeal from the Order of the Superior Court filed April 9, 2014 at No. 407 WDA 2013, reversing the Order of the Lawrence County Court of Common Pleas filed February 13, 2013 at No. 11091 of 2010, C.A.
AND NOW, this 23rd day of January, 2015, the Petition for Allowance of Appeal is GRANTED. The order of the Superior Court is VACATED, in light of its failure to credit the trial court's factual findings, which are supported by the record. See Fizzano Brothers Concrete Products, Inc. v. XLN, Inc., 615 Pa. 242, 42 A.3d 951, 970-74 (Pa. 2012). The case is REMANDED to the Superior Court for consideration of the other issues not addressed in respondent's original appeal. Jurisdiction relinquished.
Mr. Chief Justice Saylor files a Dissenting Statement in which Madame Justice Todd joins.
MR. SAYLOR, CHIEF
I respectfully dissent from the majority's summary disposition of this case on the allocatur docket. The Court's Internal Operating Procedures require that " [a] per curiam order granting allowance of appeal and reversing an order of the lower court must cite to controlling legal authority or provide a full explanation of the reasons for reversal." Supreme Court IOP § 6(B). The rule is plainly intended to provide litigants with a reasonably developed explanation as to why the Court is exercising its discretion to disturb the status quo attained in an as-of-right direct appeal. In this regard, the majority's mere ...