K.C. and V.C. v. L.A. Appeal of: D.M and L.N.
128 A.3d 774
| Pa. | 2015Background
- Child born Dec. 2011; Northampton CYS obtained legal custody in Feb. 2012 and placed Child with maternal aunt (D.M.) and her roommate (L.N.).
- Trial court initially awarded shared custody to aunt/roommate and Father; later vacated dependency, awarded sole custody to Father and limited weekend time to aunt/roommate.
- Father died in June 2013; paternal grandparents (K.C. and V.C.) filed for custody; aunt/roommate filed to intervene claiming in loco parentis status.
- Trial court denied the petition to intervene, holding foster/temporary care relationships do not establish in loco parentis for custody standing.
- Appellants appealed; Superior Court quashed the appeal as non-final under Pa.R.A.P. 341. The Supreme Court granted allowance to decide whether denial of intervention is immediately appealable as a collateral order under Pa.R.A.P. 313.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether order denying petition to intervene in custody action is appealable as a collateral order under Pa.R.A.P. 313 | Denial is separable (standing threshold), implicates important child-welfare interests, and would be irreparably lost if not reviewable immediately | Order is interlocutory and non-final under Rule 341; appeal should await final custody judgment | Yes. The order is a collateral order under Rule 313 and immediately appealable |
| Whether the appeal was final under Pa.R.A.P. 341 | Appellants alternatively argued Rule 341 finality | Superior Court: denial of intervention does not dispose of all parties/claims, so not final | No. The Court confirmed Rule 341 does not make denials of intervention final (but may be collateral under Rule 313) |
Key Cases Cited
- Commonwealth v. Wright, 78 A.3d 1070 (Pa. 2013) (describing collateral order doctrine standards)
- Commonwealth v. Blystone, 119 A.3d 306 (Pa. 2015) (separability analysis for collateral orders)
- Commonwealth v. Williams, 86 A.3d 771 (Pa. 2014) (importance prong analysis under Rule 313)
- In re Barnes Found., 871 A.2d 792 (Pa. 2005) (denial of intervention must be appealed promptly or appeal is lost)
- G.B. v. M.M.B., 670 A.2d 714 (Pa. Super. 1996) (noting custody orders' significant welfare impact)
- In re J.S., 980 A.2d 117 (Pa. Super. 2009) (denial of foster parents’ intervention satisfies separability prong)