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← 2005 Pa. Super. 349 - In Re Miscin

2005 Pa. Super. 349 - In Re Miscin’s Empirical Analysis

2005

Citation profile

7
cited by 7 later decisions
1
states following
August 2018
most recently cited

7 state decisions

Relationships

Relies on In re Hirsch · 2002 Pa. Super. 57 - In Re Estate of Borkowski · Com. v. Henderson · 2004 Pa. Super. 305 - In re Estate of Cherwinski · 2004 Pa. Super. 43 - In Re Estate of Schmitt

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(a) General rule. An appeal may be taken as of right from the following orders of the Orphans' Court Division: (1) An order confirming an account, or authorizing or directing a distribution from an estate or trust; (2) An order determining the validity of a will or trust; (3) An order interpreting a will or a document that forms the basis of a claim against an estate or trust; (4) An order interpreting, modifying, reforming or terminating a trust; (5) An order determining the status of fiduciaries, beneficiaries, or creditors in an estate, trust, or guardianship; (6) An order determining an interest in real or personal property; (7) An order issued after an inheritance tax appeal has been taken to the Orphans' Court pursuant to either 72 Pa.C.S. § 9186(a)(3) or 72 Pa.C.S. § 9188, or after the Orphans' Court has made a determination of the issue protested after the record has been removed from the Department of Revenue pursuant to 72 Pa.C.S. § 9188(a); or (8) An order otherwise appealable as provided by Chapter 3 of these rules.”
    1 later decision quote this exact passage
  2. “(b) Definition of final order.—A final order is any order that: (1) disposes of all claims and of all parties; or (2) RESCINDED (3) is entered as a final order pursuant to paragraph (c) of this rule. (c) Determination of finality.—When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim or when multiple parties are involved, the trial court or other government unit may enter a final order as to one or more but fewer than all of the claims and parties -only upon an express determination that an immediate appeal would facilitate resolution of the entire case. Such an order becomes appealable when entered. In the absence of such a determination and entry of a final order, any order or other form of decision that adjudicates fewer than all the claims and parties shall not constitute a final order.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.