Philip Godlewski v. Brienna DuBorgel

Summary

The Pennsylvania Superior Court dismissed without prejudice a petition for permission to appeal from an interlocutory order concerning partial summary judgment. The court held that a trial court acts on an application to certify an interlocutory appeal when it directs a party to respond, so the application is not deemed denied merely because the court has not yet entered a dispositive order.

Holdings

1. A trial court acts on an application to certify an interlocutory order when it takes action regarding the application, including directing the opposing party to file a response; the rule does not require the trial court to dispose of the application within thirty days.
2. The petition for permission to appeal was premature because the trial court had acted on, but had not yet disposed of, the certification application.

Questions Presented

1. Whether a trial court has acted on an application for certification under Pennsylvania Rule of Appellate Procedure 1311(b) when it directs the opposing party to file a response but has not yet granted or denied certification.
2. Whether the certification application was deemed denied thirty days after filing despite the trial court's directive concerning the application.
3. Whether the petition for permission to appeal should be dismissed as premature without prejudice.

Disposition

dismissed