Byrnes v. Caldwell

Supreme Court of Pennsylvania October 10, 1995

Byrnes v. Caldwell, 665 A.2d 1160 (Pa. 1995)

542 Pa. 111; 1995 Pa. LEXIS 922

Cappy, Castille, Flaherty, Montemuro, Nix, Zappala

Opinion of the Court

ORDER

PER CURIAM.

The Order of the Superior Court is reversed. See Curtis v. Kline, No. 6 Eastern District Appeal Docket 1994, — Pa. -, 666 A.2d 265 (1995).

MONTEMURO *, J., joined by CAPPY, J., dissents based on his Dissenting Opinion in Curtis v. Kline, noting in addition “we are cognizant of the issue of retroactivity, but because the majority has declared the Act unconstitutional, this issue is moot.”

MONTEMURO, J., is sitting by designation.

Reference

Full Case Name: Kathleen M. BYRNES v. Harry D. CALDWELL
Status: Published