# McConnell v. Commonwealth, Department of Revenue

> Supreme Court of Pennsylvania · December 30, 1983 · 503 Pa. 322

URL: https://www.frixlaw.com/law-library/cases/9709705

## Case

- **Full name:** William McCONNELL and Richard McConnell, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF REVENUE, Appellee
- **Court:** Supreme Court of Pennsylvania
- **Decided:** December 30, 1983
- **Citations:** 503 Pa. 322; 469 A.2d 574; 1983 Pa. LEXIS 786
- **Precedential status:** Published
- **Opinion:** Dissent by Roberts
- **Judges:** Flaherty, Hutchinson, Larsen, McDERMOTT, Nix, Roberts, Zappala
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9709705

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9709705. Public record. Not legal advice.