Rule 1316. Incorrect Use of Petition for Permission to Appeal.
(a) General Rule.—The appellate court shall treat a request for discretionary review of an order that is immediately appealable as a notice of appeal if a party has filed a timely petition for permission to appeal pursuant to Pa.R.A.P. 1311.
(b) Additional Requirements.—The appellate court may require any additional actions necessary to perfect the appeal.
Official Note
This rule requires the appellate court to treat a timely petition for permission to appeal pursuant to Pa.R.A.P. 1311 from an order that is instead immediately appealable as of right as a timely notice of appeal. This rule supersedes Thermo-Guard, Inc. v. Cochran, 596 A.2d 188, 192 (Pa. Super. 1991), which stated, as dictum, that ‘‘ where a petition for permission to appeal seeking review of a final order, appealable as of right, or of an interlocutory order made appealable as of right under Pa.R.A.P. 311, is filed, this court should simply deny the petition.’’
Use of the term ‘‘notice of appeal’’ in this rule is not intended to preclude treatment of the petition for permission to appeal as a petition for review if the proper method of appeal as of right would be a petition for review addressed to the Commonwealth Court’s appellate jurisdiction pursuant to 42 Pa.C.S. § 763.
Source The provisions of this Rule 1316 adopted December 8, 2004, effective 60 days after adoption, 34 Pa.B. 6764; amended January 7, 2020, effective August 1, 2020, 50 Pa.B. 505. Immediately preceding text appears at serial pages (400763) to (400764).
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