KIT v. MITCHELL, 577 Pa. 69 (2004)

842 A.2d 368

MICHAEL A. KIT, Appellant v. RICHARD A. MITCHELL, ESQ., AND MARCH, HURWITZ, DEMARCO MITCHELL, AND CRAMP, D’IORIO, McCONCHIE FORBES Appellees.

[J-63-2002].Supreme Court of Pennsylvania, Middle District.Argued: April 10, 2002.
Decided: February 17, 2004.

No. 152 MAP 2001, Appeal from the Order of the Superior Court entered March 27, 2001, at 248 EDA 1999, affirming the Order of the Court of Common Pleas of Delaware County, dated December 28, 1998, at No. 96-12477. Prior report: 771 A.2d 814.

J. Michael Farrell, Philadelphia, for Michael A. Kit.

Page 70

Jane Ellen Lessner, David S. Rasner, Philadelphia, for Richard A. Mitchell, Esq.

Gary Alan Hurwitz, Media, for March, Hurwitz, Demarco Mitchell, P.C. et al.

Before: ZAPPALA, C.J., and CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR and EAKIN, JJ.

ORDER
PER CURIAM.

The appeal is dismissed as having been improvidently granted.

Former Chief Justice ZAPPALA did not participate in the decision of this case.

Justice NIGRO files a dissenting statement.

Justice NIGRO. dissenting.

I respectfully dissent from the Court’s order to dismiss this case as improvidently granted as I believe that Appellant has raised meritorious issues that this Court should address.