Case Information
*1 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 REAL ESTATE INVESTORS-STRAW PA.,
GENBAR/MANAGEMENT CAMPUS, LLC,
APPEAL OF: KAPLIN STEWART MELOFF
REITER & STEIN, P.C., MARC B. KAPLIN, ESQUIRE, BARBARA ANISKO, ESQUIRE
AND PAMELA M. TOBIN, ESQUIRE
Civil Division at No(s): No. 101001997 =============================================== *2 REAL ESTATE INVESTORS - STRAW PA.,
INVESTORS H BUILDING, L.P., CAMPUS
INVESTORS D BUILDING, L.P., CAMPUS
INVESTORS COTTAGES, L.P., CAMPUS
INVESTORS OFFICE 2B, L.P., ELLIS
PRESERVE OWNERS ASSOCIATION,
KELLY PRESERVE OWNERS
ASSOCIATION, COTTAGES AT ELLIS
OWNERS ASSOCIATION, GENBAR/
MANAGEMENT CAMPUS, LLC, BERWIND
PROPERTY GROUP, LTD., EXECUTIVE
BENEFIT PARTNERSHIP CAMPUS,
MANAGEMENT PARTNERSHIP BENEFIT,
L.P. AND ELLIS ACQUISITION, L.P.
APPEAL OF: BPG REAL ESTATE
INVESTORS-STRAW PA., CAMPUS
INVESTORS OFFICE B, L.P., CAMPUS
INVESTORS 25, L.P., CAMPUS
INVESTORS 1 BUILDING, L.P., CAMPUS
BENBAR/MANAGEMENT CAMPUS, LLC,
Civil Division at No(s): 101001997 BEFORE: BENDER, P.J.E., PANELLA, J., and STEVENS, P.J.E.* CONCURRING MEMORANDUM BY STEVENS, P.J.E.: FILED FEBRUARY 03, 2017
While I join the Majority’s decision to vacate the trial court’s order and remand for further proceedings, I note that because the instant appeals to this Court are based solely upon the Philadelphia County Court’s April 2, 2015, discovery order, which does not address the issue of a stay, we are without jurisdiction to enter a stay in the Philadelphia County Court of Common Pleas. See Commonwealth v. Simmons , 565 A.2d 481, 484 (Pa.Super. 1989), appeal denied , 525 Pa. 598, 565 A.2d 481 (1990) (stating this Court does not have the power to review the work of an inferior tribunal, as on certiorari, where no statutory right of appeal exists and that the Judicial Code does not grant us any broad discretionary power of review). While Kaplin previously has asked the trial court for a stay of this matter, the request was denied in the trial court’s Order of March 21, 2012. There is no evidence of record that Kaplin currently is challenging or seeking permission to appeal the March 21, 2012, decision. Accordingly, this Court’s *Former Justice specially assigned to the Superior Court.
jurisdiction is confined to a review of that discovery order, and this Court should refrain from discussing, recommending, or in any was giving direction to the trial court on the issue of a stay.
Judge Panella joins this concurring memorandum. PJE Bender does not join this concurring memorandum.