relying on F.D.P. ex rel. S.M.P. v. Ferrara, 804 A.2d 1221 , 1227 n.6 (Pa.Super. 2002)
How later courts described this case
- relying on F.D.P. ex rel. S.M.P. v. Ferrara, 804 A.2d 1221 , 1227 n.6 (Pa.Super. 2002)
- “This Court may review the merits of the trial court’s certification decision, even if the parties do not challenge that decision.”
Written by the judges who cited it.
The opinion
ORDER
PER CURIAM.
The decision of the Superior Court is hereby VACATED. The matter is remanded to the Superior Court for reconsideration of whether a duty exists by applying the five-prong test as set forth in
Althaus v. Cohen,
562 Pa. 547 , 756 A.2d 1166 (2000), and for an opinion in support thereof.
Jurisdiction relinquished.
Justice NIGRO did not participate in the consideration or decision of this matter.