Supreme Court of Pennsylvania, 2016

Reese v. Pennsylvanians for Union Reform

Reese v. Pennsylvanians for Union Reform
Supreme Court of Pennsylvania · Decided November 10, 2016 · Saylor, Mundy
169 A.3d 2; 2016 Pa. LEXIS 2549 (Atlantic Reporter, Third Series)

Reese v. Pennsylvanians for Union Reform

Opinion of the Court

ORDER

PER CURIAM

AND NOW, this 10th day of November, 2016, it is hereby ordered that:

1. The Petition for Review is GRANTED.

2. The appeal at 82 MM 2016 is hereby consolidated with the appeals at 42 MAP 2016 and 43 MAP 2016.

3.The parties are hereby directed to file supplemental briefs addressing the impact of Pa. State Educ. Ass’n v. Dept. of Cmty. and Econ. Dev., 148 A.3d 142, 2016 WL 6087684 (Pa. 2016) on the consolidated appeals.

Chief Justice Saylor files a dissenting statement in which Justice Mundy joins.

Dissenting Opinion

CHIEF JUSTICE SAYLOR,

dissenting

I respectfully dissent from the grant of this Petition for Review, as the majority offers no indication that it has applied the standard governing review of the Commonwealth Court’s discretionary decision to deny certification of a non-final order for interlocutory appeal by permission. Upon application of that controlling standard—which requires an assessment of whether such denial was so egregious as to justify prerogative appellate correction, see Pa.R.A.P. 1311, Note—I find nothing egregious in the Commonwealth Court’s denial. Indeed, to the degree that the refusal to certify could be considered egregious, I believe it would be salutary for this Court to provide some guiding explanation pertaining to the irregularity, so that courts of original jurisdiction may prospectively conform to this Court’s expectations.

Justice Mundy joins this dissenting statement.

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