J-A27010-17

KURT D. MITCHELL, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : : v. : : : FRANCIS J. FORNELLI : No. 1842 WDA 2016 Appeal from the Order Entered November 10, 2016 in the Court of Common Pleas of Mercer County, Civil Division at No(s): No. 2016-1647 BEFORE: BENDER, P.J.E., SHOGAN, J., and MUSMANNO, J.

CONCURRING STATEMENT BY MUSMANNO, J.: FILED MARCH 05, 2018 I reluctantly concur in the result. While the Majority is procedurally correct, a remand in this case simply delays the inevitable, i.e., dismissal of the action based upon judicial immunity.