PENNSYLVANIA H.R. COM’N v. LINCOLN CREST, 584 Pa. 535 (2005)

885 A.2d 981

Supreme Court of Pennsylvania.
September 28, 2005.

Appeal No. 31 MAP 2005 from the Order of the Commonwealth Court, dated January 26, 2005, at No. 165 MD 2003 awarding expenses.

ORDER
PER CURIAM.

AND NOW, this 28th day of September, 2005, we hereby QUASH
the appeal.

Mr. Justice Saylor respectfully dissents, since he would resolve the appeal on the merits as he believes that it is properly within this Court’s jurisdiction, inter alia, because it was filed subsequent to the Commonwealth Court’s entry of an order directing that the underlying action be marked as discontinued.

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