Although it is proper to petition a trial court for a stay pending an appeal, a denial of the petition can not be appealed and a petition for a stay must be filed with the appellate court. In re: Passarelli … Continue reading
Tag Archives: Appealability
Orphans’ Court decree that authorized the sale of real estate was immediately appealable under Pa.R.A.P. 342(a)(6) and so the failure to appeal was a waiver of any right to a later appeal. Krasinski Estate, 40 WAP 2018 and 41 WAP … Continue reading
Order allowing a “private auction” of real estate among the beneficiaries of the estate was an order that determined an interest in real property within the meaning of Pa.R.A.P. 342(a)(6), so that it was appealable as of right and the … Continue reading
When an Orphans’ Court enters a nonsuit to objections to an account, the objectant must file a motion with the court to remove the nonsuit before appealing the nonsuit. In re: Ernest J. Koeberlein Trust, No. 652 WDA 201 (Pa. … Continue reading