Supreme Court of Pennsylvania, 2006

In the Interest of Ap

In the Interest of Ap
Supreme Court of Pennsylvania · Decided October 24, 2006 · Per Curiam
908 A.2d 284 (Atlantic Reporter, Second Series)

In the Interest of Ap

Opinion

908 A.2d 284 (2006)

IN THE INTEREST OF A.P., A MINOR, Appellant

No. 5 WAP 2006

Supreme Court of Pennsylvania, Western District.

Submitted: July 13, 2006.
October 24, 2006.

ORDER

PER CURIAM

AND NOW, this 24th day of October, 2006, the Order of the Superior Court is REVERSED, appellant's appeal is REINSTATED and this matter is REMANDED to the Superior Court for consideration on the merits. The Superior Court panel erred in raising the issue of appellant's standing to appeal sua sponte, and then quashing the appeal upon that ground. See, e.g., In re Nomination Petition of deYoung, 903 A.2d 1164 (Pa. 2006) (a court is prohibited from raising the issue of standing sua sponte). Furthermore, we note that the Commonwealth agreed with appellant that he has standing to appeal in this case. Jurisdiction relinquished.

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