Supreme Court of Pennsylvania, 1995

Byrnes v. Caldwell

Supreme Court of Pennsylvania · Decided October 10, 1995 · Cappy, Castille, Flaherty, Montemuro, Nix, Zappala

665 A.2d 1160; 542 Pa. 111; 1995 Pa. LEXIS 922 (Atlantic Reporter, Second Series)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.