IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
MORRISON INFORMATICS, INC., : No. 664 MAL 2014
ANTHONY M. GRIGONIS AND :
MALCOLM H. MORRISON :
: Petition for Allowance of Appeal from the
: Order of the Superior Court
v. :
:
:
MEMBERS 1ST FEDERAL CREDIT :
UNION, MARK ZAMPELLI, SCOTT :
DOUGLASS :
:
:
PETITION OF: MEMBERS 1ST :
FEDERAL CREDIT UNION :
ORDER
PER CURIAM
AND NOW, this 11th day of March, 2015, the Petition for Allowance of Appeal is
GRANTED. The issues, as stated by Petitioner, are:
(1) When an action is instituted by one who undisputedly lacks the capacity
and legal right to bring the claims asserted and preliminary objections are
properly sustained on that basis, should the action be dismissed with no
leave to amend because no proper plaintiff is before the court?
(2) When an action is instituted by one who undisputedly lacks the capacity
and legal right to bring the claims asserted and preliminary objections are
properly sustained on that basis, can leave be granted to amend the
caption after the statute of limitations expires to substitute one who does
have the capacity and legal right to bring the action?