T.C. Braxton v. Cyncon, Inc. and H.W. Hines and M.E. Hines ( 2018 )

IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Theolivia C. Braxton, through :
her court appointed substitute, :
Calvin C. Braxton :
:
Appellant :
:
v. : No. 2020 C.D. 2016
:
Cyncon, Inc. and Herbert W. :
Hines and Mary Ellen Hines :
PER CURIAM
ORDER
AND NOW, this 4th day of January, 2018, it is hereby ordered that
Appellant’s Application for Reargument is GRANTED to the extent that footnote 5
on page 5 of this Court’s opinion filed on November 13, 2017, is amended to address
Appellant’s claim regarding the trial court’s purported error in denying his motion
to transfer the matter.
The amended footnote reads as follows:
5
This Court may affirm the decision of the trial court on
any basis without regard to the basis upon which the trial
court relied. Shearer v. Naftzinger, 747 A.2d 859, 861 (Pa.
2000). Moreover, Braxton’s claim that the trial court
erred in failing to transfer the matter to orphans’ court
does not compel a different result. The only cause of
action that Braxton asserted against Cyncon in the
amended complaint was in ejectment. R.R. at
101a. The trial court had subject matter jurisdiction
over that action. Sections 931, 952, 1722 of the Judicial
Code, 42 Pa. C.S. §§931 952, 1722; Section 712 of the
Probate, Estates, and Fiduciaries Code, 20 Pa. C.S.
§712; Bannard v. New York State Natural Gas
Corporation, 172 A.2d 306, 309 (Pa. 1961); Green Acres
Rehabilitation and Nursing Center v. Sullivan, 113 A.3d
1261, 1268-70 (Pa. Super. 2015).