Lomas, R. v. Kravitz, J., Pets , 637 Pa. 207 ( 2016 )

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT ROY H. LOMAS, SR., D/B/A ROY LOMAS : No. 52 MAL 2016 CARPET CONTRACTOR, : : Respondent : Petition for Allowance of Appeal from : the Order of the Superior Court : v. : : JAMES B. KRAVITZ, CHERRYDALE : CONSTRUCTION CO., ANDORRA : SPRINGS DEVELOPMENT, INC., AND : KRAVMAR, INC. F/K/A EASTERN : DEVELOPMENT ENTERPRISES INC., : : : : Petitioners : ORDER PER CURIAM AND NOW, this 24th day of August, 2016, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issues, as stated by Petitioner, are: (1) Whether, as a matter of law, the Montgomery County Court of Common Pleas should have been recused from presiding over the non-jury trial due to an appearance of impropriety arising from the ongoing participation and financial interest in the litigation by a sitting member of that Court? (2) Whether, as a matter of law, an appearance of impropriety was created when a sitting member of the Montgomery County Bench personally participated in the litigation? Justices Donohue and Wecht did not participate in the consideration or decision of this matter.