Estate of Annenberg

Supreme Court of Pennsylvania November 17, 1978

Estate of Annenberg, 482 Pa. 291 (Pa. 1978)

393 A.2d 668; 1978 Pa. LEXIS 1115

Brien, Eagen, Larsen, Manderino, Nix, Pomeroy, Roberts

Opinion of the Court

OPINION

PER CURIAM.

The motion to dismiss the appeals is granted. Each party pay own costs.

Dissenting Opinion

LARSEN, J.,

filed a dissenting opinion.

ROBERTS and MANDERINO, JJ., dissent and would reverse the decree of the court below and dismiss the Petition for Declaratory Judgment.

Dissenting Opinion

LARSEN, Justice,

dissenting.

I dissent; the appellants’ appeal should not be dismissed. Appellees are clearly not entitled to a Declaratory Judgment because any such judgment would be advisory. Advisory opinions are not within the purview of the Declaratory Judgment Act; hence, the lower court would have no jurisdiction to act.

Reference

Full Case Name: ESTATE of Moses L. ANNENBERG, also known as M. L. Annenberg, (two cases). Appeal of Pamela Enid NUSBAUM. Appeal of Stephen Anthony SIMON
Status: Published