In re Barnes Foundation

Summary

The Pennsylvania Supreme Court exercised extraordinary jurisdiction over an appeal involving approval of the restructuring and relocation of the Barnes Foundation. The Court held that Jay Raymond, who had failed to obtain intervenor status and had not timely appealed the denial of intervention, lacked the ability to appeal the orphans' court's final decree, and it quashed the appeal.

Holdings

1. A person who was denied intervention and therefore never became a party has no right to appeal the final decree in the underlying proceeding.
2. An order denying intervention must be appealed within thirty days of its entry when appealable under the collateral-order or other applicable interlocutory procedures; it cannot be held in reserve for appeal after final judgment.

Questions Presented

1. Whether a nonparty who was denied intervention and did not timely appeal that denial may appeal the later final decree entered in the underlying proceedings.
2. Whether an order denying intervention must be appealed within thirty days under Pennsylvania Rule of Appellate Procedure 903 or the right to appeal is lost.

Disposition

quashed