Posey, A., Aplt. v. Einerson, C.
Docket 22 MAP 2026
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Pennsylvania
- Court
- Supreme Court of Pennsylvania
- Type
- Unanimous Opinion
- Case type
- Other
- Disposition
- Dismissed
- Docket
- 22 MAP 2026
Appeal to the Pennsylvania Supreme Court from an interlocutory order of the Commonwealth Court
Summary
The Pennsylvania Supreme Court dismissed (quashed) Ajani Posey’s appeal because the Commonwealth Court’s order was not final or immediately appealable. The court relied on Pennsylvania appellate procedure rules defining final orders and explaining limits on appeals from certain interlocutory orders, including transfer orders under 42 Pa.C.S. § 5103. Because the challenged order did not meet the rules for an appeal as of right, the Supreme Court ended the case without addressing the underlying merits.
Issues Decided
- Whether the Commonwealth Court’s order was a final order subject to immediate appeal to the Supreme Court
- Whether appellate rules allow an appeal as of right from the Commonwealth Court order at issue, including orders involving transfer under 42 Pa.C.S. § 5103
Court's Reasoning
The court determined the appealed order was not a final order under Pennsylvania Rule of Appellate Procedure 341(b). It also noted Rule 311 and its accompanying note limit appeals as of right and do not make transfer orders under 42 Pa.C.S. § 5103 immediately appealable. Because the procedural rules preclude an appeal at this stage, the court had no jurisdiction to proceed to the merits and therefore quashed the notice of appeal.
Authorities Cited
- Pa.R.A.P. 341(b)
- Pa.R.A.P. 311 (Note)
- 42 Pa.C.S. § 5103
Parties
- Appellant
- Ajani Posey
- Appellee
- Christine Einerson
- Judge
- Per Curiam
Key Dates
- Decision date
- 2026-04-21
What You Should Do Next
- 1
Seek final or appealable order
If possible, proceed in the Commonwealth Court to obtain a final order or other judgment that is immediately appealable before filing another appeal.
- 2
Consult appellate counsel
Talk with an appellate attorney to evaluate whether the Commonwealth Court’s order can be converted into an appealable order, or whether other procedural remedies (motions, petitions) are available.
- 3
Monitor deadlines
Keep track of any time limits for post-decision motions or for filing a new appeal once an appealable order exists to preserve appellate rights.
Frequently Asked Questions
- What did the court decide?
- The Supreme Court dismissed the appeal because the lower court’s order was not final or immediately appealable under Pennsylvania appellate rules.
- Who is affected by this decision?
- The parties to the case, appellant Ajani Posey and appellee Christine Einerson, are affected because Posey cannot pursue this appeal at this time.
- Does this resolve the underlying dispute?
- No. The dismissal is procedural and addresses only the appealability of the order; it does not decide the substantive issues in the underlying case.
- Can the decision be appealed further?
- There is no higher state court beyond the Pennsylvania Supreme Court for state-law matters; the dismissal could be challenged only if a different procedural posture produces a final, appealable order.
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. 22 MAP 2026
:
Appellant :
:
:
v. :
:
:
CHRISTINE EINERSON, :
:
Appellee :
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).