Bridgeford, A. v. Allison, G. , 184 A.3d 947 ( 2018 )


Menu:
  • PER CURIAM .

    AND NOW, this 1 st day of May, 2018, the Petition for Allowance of Appeal is GRANTED, the order of the Commonwealth Court is VACATED, and the matter is REMANDED for consideration of the merits of Petitioner's appeal. As the common pleas court had not originally granted Petitioner in forma pauperis (IFP) status, the Commonwealth Court's reference to Rule of Appellate Procedure 551 in its defect correction notice was in error. Instead, Rule of Appellate Procedure 552, which Petitioner followed, controlled. See Pa.R.A.P. 552. Because Petitioner's post-appeal IFP application was pending before the common pleas court, the Commonwealth Court should not have dismissed Petitioner's appeal for failing to comply with the defect correction notice. Furthermore, since the Commonwealth Court subsequently granted IFP status to Petitioner, no filing fee shall be required for the appeal before that court.

Document Info

Docket Number: 793 MAL 2017

Citation Numbers: 184 A.3d 947

Judges: Per Curiam

Filed Date: 5/1/2018

Precedential Status: Precedential

Modified Date: 10/19/2024