de Botton, C. v. Kaplin, M. ( 2017 )


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  • J-A12043-16
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    CLAUDE DE BOTTON, NEWTON SQUARE             IN THE SUPERIOR COURT OF
    EAST, L.P., NATIONAL DEVELOPERS,                  PENNSYLVANIA
    INC. AND NEWTON G.P., LLC,
    Appellees
    v.
    MARC B. KAPLIN, ESQUIRE, BARBARA
    ANISKO, ESQUIRE AND PAMELA M.
    TOBIN, ESQUIRE, KAPLIN STEWART
    MELOFF REITER & STEIN, P.C., BPG
    REAL ESTATE INVESTORS-STRAW PA.,
    CAMPUS INVESTORS OFFICE B, L.P.,
    CAMPUS INVESTORS 25, L.P., CAMPUS
    INVESTORS I BUILDING, L.P., CAMPUS
    INVESTORS H BUILDING, L.P., CAMPUS
    INVESTORS D BUILDING, L.P., CAMPUS
    INVESTORS COTTAGES, L.P., CAMPUS
    INVESTORS OFFICE 2B, L.P., ELLIS
    PRESERVE OWNERS ASSOCIATION,
    KELLY PRESERVE OWNERS
    ASSOCIATION, COTTAGES AT ELLIS
    OWNERS ASSOCIATION,
    GENBAR/MANAGEMENT CAMPUS, LLC,
    BERWIND PROPERTY GROUP, LTD.,
    EXECUTIVE BENEFIT PARTNERSHIP
    CAMPUS, MANAGEMENT PARTNERSHIP
    BENEFIT, L.P. AND ELLIS ACQUISITION,
    L.P.
    APPEAL OF: KAPLIN STEWART MELOFF
    REITER & STEIN, P.C., MARC B. KAPLIN,
    No. 1270 EDA 2015
    ESQUIRE, BARBARA ANISKO, ESQUIRE
    AND PAMELA M. TOBIN, ESQUIRE
    Appeal from the Order April 2, 2015
    In the Court of Common Pleas of Philadelphia County
    Civil Division at No(s): No. 101001997
    ===============================================
    J-A12043-16
    CLAUDE DE BOTTON, NEWTON SQUARE        IN THE SUPERIOR COURT OF
    EAST, L.P., NATIONAL DEVELOPERS,             PENNSYLVANIA
    INC. AND NEWTON G.P., LLC,
    Appellees
    v.
    MARC B. KAPLIN, ESQUIRE, BARBARA
    ANISKO, ESQUIRE AND PAMELA M.
    TOBIN, ESQUIRE, KAPLIN STEWART
    MELOFF REITER & STEIN, P.C., BPG
    REAL ESTATE INVESTORS - STRAW PA.,
    CAMPUS INVESTORS OFFICE B, L.P.,
    CAMPUS INVESTORS 25, L.P., CAMPUS
    INVESTORS I BUILDING, L.P., CAMPUS
    INVESTORS H BUILDING, L.P., CAMPUS
    INVESTORS D BUILDING, L.P., CAMPUS
    INVESTORS COTTAGES, L.P., CAMPUS
    INVESTORS OFFICE 2B, L.P., ELLIS
    PRESERVE OWNERS ASSOCIATION,
    KELLY PRESERVE OWNERS
    ASSOCIATION, COTTAGES AT ELLIS
    OWNERS ASSOCIATION, GENBAR/
    MANAGEMENT CAMPUS, LLC, BERWIND
    PROPERTY GROUP, LTD., EXECUTIVE
    BENEFIT PARTNERSHIP CAMPUS,
    MANAGEMENT PARTNERSHIP BENEFIT,
    L.P. AND ELLIS ACQUISITION, L.P.
    APPEAL OF: BPG REAL ESTATE
    INVESTORS-STRAW PA., CAMPUS
    INVESTORS OFFICE B, L.P., CAMPUS
    INVESTORS 25, L.P., CAMPUS
    INVESTORS 1 BUILDING, L.P., CAMPUS
    INVESTORS H BUILDING, L.P., CAMPUS
    INVESTORS D BUILDING, L.P., CAMPUS
    No. 1301 EDA 2015
    INVESTORS COTTAGES, L.P., CAMPUS
    INVESTORS OFFICE 2B, L.P., ELLIS
    PRESERVE OWNERS ASSOCIATION,
    KELLY PRESERVE OWNERS
    ASSOCIATION, COTTAGES AT ELLIS
    OWNERS ASSOCIATION,
    BENBAR/MANAGEMENT CAMPUS, LLC,
    -2-
    J-A12043-16
    BERWIND PROPERTY GROUP, LTD.,
    EXECUTIVE BENEFIT PARTNERSHIP
    CAMPUS, MANAGEMENT PARTNERSHIP
    BENEFIT, L.P. AND ELLIS ACQUISITION,
    L.P.
    Appeal from the Order April 2, 2015
    In the Court of Common Pleas of Philadelphia County
    Civil Division at No(s): 101001997
    BEFORE: BENDER, P.J.E., PANELLA, J., and STEVENS, P.J.E.*
    CONCURRING MEMORANDUM BY STEVENS, P.J.E.:FILED FEBRUARY 03, 2017
    While I join the Majority’s decision to vacate the trial court’s order and
    remand for further proceedings, I note that because the instant appeals to
    this Court are based solely upon the Philadelphia County Court’s April 2,
    2015, discovery order, which does not address the issue of a stay, we are
    without jurisdiction to enter a stay in the Philadelphia County Court of
    Common Pleas.     See Commonwealth v. Simmons, 
    565 A.2d 481
    , 484
    (Pa.Super. 1989), appeal denied, 
    525 Pa. 598
    , 
    565 A.2d 481
     (1990) (stating
    this Court does not have the power to review the work of an inferior tribunal,
    as on certiorari, where no statutory right of appeal exists and that the
    Judicial Code does not grant us any broad discretionary power of review).
    While Kaplin previously has asked the trial court for a stay of this matter,
    the request was denied in the trial court’s Order of March 21, 2012. There is
    no evidence of record that Kaplin currently is challenging or seeking
    permission to appeal the March 21, 2012, decision. Accordingly, this Court’s
    *Former Justice specially assigned to the Superior Court.
    -3-
    J-A12043-16
    jurisdiction is confined to a review of that discovery order, and this Court
    should refrain from discussing, recommending, or in any was giving direction
    to the trial court on the issue of a stay.
    Judge Panella joins this concurring memorandum.
    PJE Bender does not join this concurring memorandum.
    -4-
    

Document Info

Docket Number: 1270 EDA 2015

Filed Date: 2/3/2017

Precedential Status: Precedential

Modified Date: 2/3/2017