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Ferris v. Harkins

Supreme Court of Pennsylvania
Nov 25, 2008
599 Pa. 164 (Pa. 2008)

Summary

remanding case to trial court for consideration of unresolved motion for new trial

Summary of this case from Flagler v. Templin

Opinion

November 25, 2008.

Petition for Allowance of Appeal Nos. 185, 186 187 MAL 2008 from the Order of the Superior Court.

Prior Report: Pa.Super., 940 A.2d 388.


ORDER


AND NOW, this 25th day of November, 2008 the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue of whether Petitioner is entitled to review by the trial court of her unresolved post-trial motion for a new trial. In reversing the grant of JNOV, the Superior Court overlooked that there was an outstanding motion for lesser relief in the form of a new trial. Therefore, the order of the Superior Court reversing the trial court's order granting Petitioner's motion for JNOV is hereby VACATED IN PART, and the matter is remanded to the Superior Court, for remand to the trial court, for consideration of Petitioner's unresolved motion for a new trial, and preparation and filing of a comprehensive opinion thereon.

Jurisdiction relinquished.


Summaries of

Ferris v. Harkins

Supreme Court of Pennsylvania
Nov 25, 2008
599 Pa. 164 (Pa. 2008)

remanding case to trial court for consideration of unresolved motion for new trial

Summary of this case from Flagler v. Templin
Case details for

Ferris v. Harkins

Case Details

Full title:Linda FERRIS, Petitioner v. James D. HARKINS, Elizabeth Harkins, Selective…

Court:Supreme Court of Pennsylvania

Date published: Nov 25, 2008

Citations

599 Pa. 164 (Pa. 2008)
961 A.2d 56

Citing Cases

Flagler v. Templin

See generally Lyons, 833 A.2d at 251-52. Cf. Ferris v. Harkins, 961 A.2d 56 (Pa. 2008) (per curiam) (order)…