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Flood v. Bell

287 Pa. Super. 515 (Pa. Super. Ct. 1981)
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Flood v. Bell

2 Citing cases

  1. Dougherty v. Phila. Newspapers, LLC

    2014 Pa. Super. 24 (Pa. Super. Ct. 2014)   Cited 19 times   1 Legal Analyses
    Holding that the Pennsylvania Rules of Professional Conduct barred Pepper Hamilton, LLP (Pepper), from representing Philadelphia Newspapers, LLC, and related defendants in a defamation action filed by Appellant due to a conflict of interest, which Appellant did not waive, stemming from Pepper's prior representation of Appellant

    In subsequent cases, this Court, following the holdings in Seifert and Middleberg without any additional analysis, quashed appeals from orders denying motions to disqualify. See, e.g., Flood v. Bell, 287 Pa.Super. 515, 430 A.2d 1171, 1172–73 (1981), Pittsburgh and New England Trucking Company v. Reserve Insurance Company, 277 Pa.Super. 215, 419 A.2d 738, 739–40 (1980). In In re: L.J., 456 Pa.Super. 685, 691 A.2d 520 (1997), this Court refused to quash an appeal from a final order because the appellant had not appealed the trial court's prior denial of a motion to disqualify counsel.

  2. In re Doe

    456 Pa. Super. 685 (Pa. Super. Ct. 1997)   Cited 26 times
    Addressing a party's standing to challenge the child's goal change in dependency proceedings

    However, a motion to disqualify counsel is interlocutory, and, therefore, unappealable. See Middleberg v.Middleberg, 427 Pa. 114, 233 A.2d 889 (1967) (holding order disqualifying counsel is interlocutory as to party represented by counsel as it does not terminate litigation); Flood v. Bell, 287 Pa. Super. 515, 430 A.2d 1171 (1981) (holding order refusing to disqualify counsel is interlocutory as to party petitioning for disqualification); see generally Firestone Tire RubberCo. v. Risjord, 449 U.S. 368, 379, 101 S.Ct. 669, 676, 66 L.Ed.2d 571, 581 (1981) (holding that "a district court's order denying a motion to disqualify counsel is not appealable under [28 USCS] § 1291 prior to final judgment in the underlying judgment.") (footnote omitted).