Opinion

McConnell v. Commonwealth, Department of Revenue

  • 503 Pa. 322
  • 469 A.2d 574
  • 1983 Pa. LEXIS 786
Court
Supreme Court of Pennsylvania
Filed
Dec 30, 1983
Status
Published
Author
Roberts
On the bench
Flaherty, Hutchinson, Larsen, McDERMOTT, Nix, Roberts, Zappala
Cited by
12 cases

noting that “a party must file exceptions to an initial determination of . . . [this] Court in order to preserve issues for appeal”

How later courts described this case

  • noting that “a party must file exceptions to an initial determination of . . . [this] Court in order to preserve issues for appeal”

Written by the judges who cited it.

The opinion

ROBERTS, Chief Justice,

dissenting.

I dissent and would affirm the order of the Commonwealth Court denying appellants’ motion to certify their appeal to the Commonwealth Court as a class action. There is neither statutory basis nor support in the Rules of Court for the initial certification of a class action on an appeal from a decision of a trial court, let alone on an appeal from a decision of an administrative tribunal in which no class action could properly be brought as an original matter. The sole recourse available to appellants is to request the Commonwealth Court to consolidate their appeal with any other appeal from the Board of Finance and Revenue “where the same question is involved.” Pa.R.A.P. 513 (Consolidation of Multiple Appeals).

HUTCHINSON and ZAPPALA, JJ., join in this dissenting opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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