THE COURTS
Title 210—APPELLATE PROCEDURE
PART I. RULES OF APPELLATE PROCEDURE
[ 210 PA. CODE CH. 11 ]
Amendment of the Note to Rule 1114 of the Rules of Appellate Procedure; No. 208 Appellate Procedural Rules Doc.
[41 Pa.B. 923]
[Saturday, February 19, 2011]
Order Per Curiam
And Now, this 4th day of February, 2011, upon the recommendation of the Appellate Court Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. 103(a)(3) in the interests of justice and efficient administration:
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the Note to Pennsylvania Rule of Appellate Procedure 1114 is amended in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), shall be effective in 30 days, and shall be applicable to petitions filed thereafter.
Annex A
TITLE 210. APPELLATE PROCEDURE
PART I. RULES OF APPELLATE PROCEDURE
ARTICLE II. APPELLATE PROCEDURE
CHAPTER 11. APPEALS FROM COMMONWEALTH COURT AND SUPERIOR COURT
PETITION FOR ALLOWANCE OF APPEAL Rule 1114. Considerations Governing Allowance of Appeal.
Except as prescribed in Rule 1101 (appeals as of right from the Commonwealth Court), review of a final order of the Superior Court or the Commonwealth Court is not a matter of right, but of sound judicial discretion, and an appeal will be allowed only when there are special and important reasons therefor.
Official Note: Based in part on U.S. Supreme Court Rule [19] 10. The following, while neither controlling nor fully measuring the discretion of the Supreme Court, indicate the character of the reasons which will be considered:
[(1) Where the appellate court below has decided a question of substance not theretofore determined by the Supreme Court, or has decided it in a way probably not in accord with applicable decisions of the Supreme Court of Pennsylvania or the Supreme Court of the United States.
(2) Where an appellate court has rendered a decision in conflict with the decision of the other appellate court below on the same question, or has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such a departure by an administrative agency or lower court, as to call for an exercise of the power of supervision of the Supreme Court.
(3) Where the question involves an issue of immediate public importance such as would justify assumption of plenary jurisdiction under 42 Pa.C.S. § 726 (extraordinary jurisdiction).]
(1) the holding of the intermediate appellate court conflicts with another intermediate appellate court opinion;
(2) the holding of the intermediate appellate court conflicts with a holding of the Pennsylvania Supreme Court or the United States Supreme Court on the same legal question;
(3) the question presented is one of first impression;
(4) the question presented is of such substantial public importance as to require prompt and definitive resolution by the Pennsylvania Supreme Court;
(5) the issue involves the constitutionality of a statute of this Commonwealth;
(6) the intermediate appellate court has so far departed from accepted judicial practices or so abused its discretion as to call for the exercise of the Pennsylvania Supreme Court's supervisory authority; or
(7) an intermediate appellate court has erroneously entered an order quashing or dismissing an appeal.
Prior to the 2011 amendment to the Official Note to this Rule, the procedural mechanism to seek the Pennsylvania Supreme Court's review of an intermediate appellate court order quashing or dismissing an appeal was by petition for review. See Vaccone v. Syken, 587 Pa. 380, 382 n.2, 899 A.2d 1103, 1104 n.2 (2006). The current amendments now provide that such appeals should be pursued by the petition for allowance of appeal process. The 2011 amendment adds Reason (7) to the Official Note, which provides a basis for seeking review of intermediate appellate court quashals and dismissals through the Chapter 11 petition for allowance of appeal procedure, rather than the Chapter 15 petition for review procedure.
[Pa.B. Doc. No. 11-277. Filed for public inspection February 18, 2011, 9:00 a.m.]
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