H&H Mfg. Co. v. Tomei

Full title: H&H MANUFACTURING COMPANY, INC. AND VINCENT H. TOMEI v. THOMAS R. TOMEI…

Court: SUPERIOR COURT OF PENNSYLVANIA

Date published: Mar 4, 2015

J-A06021-15 (Pa. Super. Ct. Mar. 4, 2015)

Opinion

J-A06021-15 No. 1759 EDA 2014 No. 1760 EDA 2014

03-04-2015

H&H MANUFACTURING COMPANY, INC. AND VINCENT H. TOMEI v. THOMAS R. TOMEI AND JEANNETTE TOMEI APPEAL OF: THOMAS R. TOMEI

JUDGMENT ORDER BY OTT, J.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Order June 9, 2014
In the Court of Common Pleas of Delaware County
Civil Division at No(s): 2013-5775
BEFORE: PANELLA, J., OTT, J., and JENKINS, J. JUDGMENT ORDER BY OTT, J.:

At 1759 EDA 2014, Thomas R. Tomei (Tomei) appeals from the trial court's order that granted H&H Manufacturing Company and Vincent Tomei's (collectively, H&H) motion to approve sale of real estate owned by L&T, PA Development Co., L.P. (L&T); terminated a lease between H&H and L&T, approved the sale of real property known as 500 South 7^th Street, Lot #2, Colwyn Borough, Delaware County, Pennsylvania; and directed the scrap material stored in the building at 500 South 7^th Street, Lot #2, Colwyn Borough, Delaware County, Pennsylvania be sold and all proceeds be distributed to H&H. At 1760 EDA 2014, Tomei appeals from the order denying his cross-motion to enjoin the sale and further interference of the real property. For the reasons that follow, we vacate the order at 1759 EDA 2014, and dismiss as moot the appeal at 1760 EDA 2014.

At oral argument on February 24, 2015, H&H represented to this Court that it no longer seeks approval of the sale of the real estate at issue in the orders under appeal.¹ Furthermore, during oral argument, Tomei represented to this Court that the interests of the parties are presently being litigated in a declaratory judgment action, which is also reflected by the record. See Tomei's Application Pursuant to Pa.R.A.P. 1732(b) for Stay and Injunction Pending Appeal, 06/24/2014, at ¶33.

1

Accordingly, we conclude the order at 1759 EDA 2014, granting H&H's motion to approve sale of real estate, which is moot yet dispositive of rights of the parties that are the subject of a pending declaratory judgment action, must be vacated. We will dismiss the appeal from the order at 1760 EDA 2014, denying Tomei's cross-motion to enjoin sale and future interference, since that appeal is now moot based upon our resolution of the appeal at 1759 EDA 2014.

Order at 1759 EDA 2014 vacated. Case remanded. Jurisdiction relinquished. Appeal at 1760 EDA 2014 dismissed as moot. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary
Date: 3/4/2015

See also H&H's Brief at 16.