noting that “Common Pleas may, in an appropriate case, award counsel fees under [Section 2503 of the Judicial Code,] 42 Pa.C.S. § 2503[,] . . . for proceedings brought in that court”
How later courts described this case
- noting that “Common Pleas may, in an appropriate case, award counsel fees under [Section 2503 of the Judicial Code,] 42 Pa.C.S. § 2503[,] . . . for proceedings brought in that court”
- the appellant did not have right to direct appeal under 42 Pa.C.S. § 723(a) where matter was not originally commenced in Commonwealth Court
Written by the judges who cited it.
The opinion
McDERMOTT, Justice,
concurring and dissenting.
Appellant herein filed an application for counsel fees in the Commonwealth Court, seeking to recover the costs involved in litigating the underlying action in both the court of common pleas and the Commonwealth Court. Today the majority holds that such an application is not an action “originally commenced” in the Commonwealth Court within the meaning of 42 Pa.C.S. § 723. The effect of this holding is to deprive a litigant who has been adversely affected by a decision of the Commonwealth Court on this issue of their *399 right of appeal. See e.g., City of Philadelphia v. Gould, 497 Pa. 599 , 442 A.2d 1104 (1982). From this decision I dissent.
However, as there is no evidence that the Commonwealth Court abused its discretion in denying appellant’s application for counsel fees, I concur in the result.