Opinion
No. 56 EM 2011.
June 24, 2011.
Petition for Writ of Habeas Corpus.
ORDER
AND NOW, this 24th day of June, 2011, Petitioners' Motion for Leave to File a Reply and Respondent's Motion to File a Cross-Reply are GRANTED.
On January 3, 2011, Petitioners filed a motion for reconsideration requesting that the trial court reconsider its February 2, 2010 order to the extent it denied their venue-based preliminary objection. On January 31, 2011, the trial court granted reconsideration and vacated that portion of its February 2, 2010 order that overruled Petitioners' preliminary objection based upon improper venue. The trial court then again overruled Petitioners' improper venue preliminary objection. The court, however, certified that its January 31, 2011 order met the criteria set forth in 42 Pa.C.S. § 702(b), in that it involves a controlling question of law as to which there is a substantial ground for difference of opinion, and an immediate appeal may materially advance the ultimate termination of the matter. Petitioners filed a petition for permission to appeal. T he Superior Court denied Petitioners' permission to appeal, but it did not provide an explanation for its decision.
Because an explanation is necessary for this Court to determine whether the Superior Court abused its discretion, the Superior Court is directed to issue an opinion, within 45 days of our order, in support of its March 30, 2011 order.
Petitioners shall file a memorandum addressing the Superior Court's opinion, within 14 days of filing. Respondent Alycia Lane and Lawrence Mendte may file responses within 10 days of service of Petitioners' memorandum.
Jurisdiction is retained.