Posey, A., Aplt. v. Brittain, K.
Docket 21 MAP 2026
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- Filed
- Jurisdiction
- Pennsylvania
- Court
- Supreme Court of Pennsylvania
- Type
- Unanimous Opinion
- Case type
- Other
- Disposition
- Dismissed
- Docket
- 21 MAP 2026
Appeal from an order of the Commonwealth Court that the Supreme Court determined was not final or immediately appealable.
Summary
The Pennsylvania Supreme Court quashed Ajani Posey’s notice of appeal on April 21, 2026, because the Commonwealth Court’s order was not final or immediately appealable. The court concluded the appealed order did not meet the state rules' definition of a final order and noted that certain interlocutory transfer orders are not appealable as of right. Consequently, the appeal cannot proceed in the Supreme Court at this time.
Issues Decided
- Whether the Commonwealth Court’s order was a final order under Pennsylvania Rule of Appellate Procedure 341(b).
- Whether the order was immediately appealable as of right under the rules governing appeals (including Rule 311 and the scope of appeals under 42 Pa.C.S. § 5103).
Court's Reasoning
The court relied on Pa.R.A.P. 341(b) to determine that the challenged order did not qualify as a final order subject to immediate appeal. It also referenced the limitation in Rule 311 and its note that appeals as of right under Rule 311(c) do not include transfer orders under 42 Pa.C.S. § 5103. Because the order was neither final nor within the narrow category of immediately appealable interlocutory orders, the court quashed the notice of appeal.
Authorities Cited
- Pa.R.A.P. 341(b)
- Pa.R.A.P. 311
- 42 Pa.C.S. § 5103
Parties
- Appellant
- Ajani Posey
- Appellee
- Kathy Brittain
- Appellee
- Courtney Schaeffer
- Appellee
- Kelly Sheluga
- Appellee
- Ms. Cintron
- Judge
- Per Curiam
Key Dates
- Supreme Court decision date
- 2026-04-21
What You Should Do Next
- 1
Assess finality of underlying order
Counsel for the appellant should determine whether the Commonwealth Court’s order can be converted into a final, appealable order or whether further proceedings must conclude before appeal.
- 2
Consider motions in Commonwealth Court
If appropriate, file motions in the Commonwealth Court to obtain a final order or to seek certification for an interlocutory appeal if statutory criteria are met.
- 3
Consult appellate counsel
Speak with appellate counsel about procedural options and timing to ensure any future appeal complies with Pa.R.A.P. and statutory requirements.
Frequently Asked Questions
- What did the Supreme Court decide?
- The court quashed the notice of appeal because the underlying Commonwealth Court order was not final or immediately appealable.
- Who is affected by this decision?
- Appellant Ajani Posey is affected because the appeal cannot proceed; the appellees named remain parties to the underlying Commonwealth Court matter.
- What happens next in the case?
- Because the appeal was quashed, the underlying matter remains pending in the Commonwealth Court or other trial court unless and until a properly appealable order is entered.
- Can this decision be appealed further?
- No further appeal from this quashal to the Pennsylvania Supreme Court is not applicable; the proper path is to seek review only once a final or otherwise appealable order exists.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
AJANI POSEY, : No. 21 MAP 2026
:
Appellant :
:
:
v. :
:
:
KATHY BRITTAIN, COURTNEY SCHAEFFER, :
KELLY SHELUGA, AND MS. CINTRON, :
:
Appellees :
ORDER
PER CURIAM
AND NOW, this 21st day of April, 2026, the Notice of Appeal is QUASHED, as the
Commonwealth Court’s order is not final or immediately appealable. See Pa.R.A.P.
341(b) (definition of a final order); Pa.R.A.P. 311, Note (specifying that an appeal as of
right under Rule 311(c) does not extend to transfer orders under 42 Pa.C.S. § 5103).