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Ryan v. Ryan

Superior Court of Pennsylvania
Jul 15, 1976
360 A.2d 646 (Pa. Super. Ct. 1976)

Opinion

July 15, 1976.

Appeal from the Court of Common Pleas, Family Division, Law, of Philadelphia County, at No. 4092 June Term, 1973; Gregory G. Lagakos, Judge

Samuel T. Swansen, Philadelphia, for appellant.

Herbert L. Olivieri, Philadelphia, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


The instant appeal arises from a decree in divorce granted by the lower court following its review of reports of a Master who conducted hearings in the matter. No transcript of such proceedings before the Master have been made available to this Court, despite our Court's attempts to locate and obtain such records. We cannot adequately provide the de novo review required in these circumstances (see Buckwalter v. Buckwalter, 225 Pa. Super. 117, 310 A.2d 287 (1973) without having a transcript of the proceedings before the Master available. This cause is therefore remanded to the lower court in order to have that court locate the pertinent records, if possible. If such records cannot be produced, the lower court is instructed to initiate action to have the matter reheard before the court or a Master.

Remanded with a procedendo.


Summaries of

Ryan v. Ryan

Superior Court of Pennsylvania
Jul 15, 1976
360 A.2d 646 (Pa. Super. Ct. 1976)
Case details for

Ryan v. Ryan

Case Details

Full title:Daniel P. RYAN v. Helen J. RYAN, Appellant

Court:Superior Court of Pennsylvania

Date published: Jul 15, 1976

Citations

360 A.2d 646 (Pa. Super. Ct. 1976)
360 A.2d 646