Supreme Court of Pennsylvania, 1993

Hutchison v. Luddy

Supreme Court of Pennsylvania · Decided February 2, 1993 · Cappy, Files, Flaherty, Larsen, McDermott, Nix, Papadakos, Zappala

533 Pa. 73; 619 A.2d 276; 1993 Pa. LEXIS 18

Concurring Opinion

NIX, Chief Justice,

concurring.

I join the Per Curiam Order dismissing the appeal as moot. My initial inclination in this case was to vacate the Superior Court’s order and remand the matter to the Court of Common Pleas for an initial determination of the Appellant’s right to intervene. However, because the case has been discontinued *75in the Court of Common Pleas, there is no controversy in which that court could issue a ruling. Therefore, it is moot.

Opinion of the Court

ORDER

PER CURIAM:

This appeal is dismissed as moot.

McDERMOTT, J., did not participate in the decision of this case. NIX, C.J., files a concurring statement.

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