Snyder, S., Pet v. George M Thomas

IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
SCOTT SNYDER, : No. 299 WAL 2014
:
Petitioner : Petition for Allowance of Appeal from the
: Order of the Superior Court filed April 9,
: 2014 at No. 407 WDA 2013, reversing the
v. : Order of the Lawrence County Court of
: Common Pleas filed February 13, 2013 at
: No. 11091 of 2010, C.A.
GEORGE M. THOMAS III, EXECUTOR :
OF THE ESTATE OF GEORGE M. :
THOMAS, JR., ALSO KNOWN AS :
GEORGE THOMAS, DECEASED, AND :
GEORGE M. THOMAS III, EXECUTOR :
OF THE ESTATE OF DOROTHY L. :
THOMAS, DECEASED, :
:
Respondent :
ORDER
PER CURIAM:
AND NOW, this 23rd day of January, 2015, the Petition for Allowance of Appeal is
GRANTED. The order of the Superior Court is VACATED, in light of its failure to credit
the trial court’s factual findings, which are supported by the record. See Fizzano
Brothers Concrete Products, Inc. v. XLN, Inc., 42 A.3d 951, 970-74 (Pa. 2012). The
case is REMANDED to the Superior Court for consideration of the other issues not
addressed in respondent’s original appeal. Jurisdiction relinquished.
Mr. Chief Justice Saylor files a Dissenting Statement in which Madame Justice
Todd joins.