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.