J-S43018-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
JEFFREY AMSLER, KAREN AMSLER, AND IN THE SUPERIOR COURT OF
KATHRYN CORRIGAN PENNSYLVANIA
Appellants
v.
ORCHARD HOUSE PROPERTIES LLC,
FRED R. AMSLER JR., FRED R. AMSLER
JR. LIVING TRUST, DONNA J. AMER, AND
CAMBRIDGE TRAINING PARTNERS L.P.
Appellees No. 1893 MDA 2015
Appeal from the Order September 25, 2015
In the Court of Common Pleas of Sullivan County
Civil Division at No(s): 2013-CV-253
BEFORE: GANTMAN, P.J., PANELLA, J., and JENKINS, J.
JUDGMENT ORDER BY PANELLA, J. FILED JUNE 21, 2016
Appellants, Jeffrey Amsler, Karen Amsler, and Kathryn Corrigan,
appeal from the order entered September 25, 2015, in the court of Common
Pleas of Sullivan County. After careful review, we dismiss Appellants’ appeal
as moot.
Appellants appeal from the September 25, 2015 order granting
Appellees’ motion for reconsideration of the lower court’s May 14, 2015
order overruling Appellees’ preliminary objection to compel arbitration. Prior
to the instant appeal, Appellees filed a timely appeal from the court’s May
14, 2015 order at docket number 1029 MDA 2015. By memorandum opinion
filed February 17, 2016, a panel of this Court vacated the trial court’s May
J-S43018-16
14, 2015 order overruling Appellees’ preliminary objection to enforce the
arbitration agreement and remanded the case for further proceedings. See
Amsler v. Orchard House Properties LLC, 1029 MDA 2015 (Pa. Super.,
filed Feb. 17, 2016) (mem. op.) (Panella, J.). The resolution of those
proceedings is still pending in the court below.
As this Court has vacated the trial court’s May 14, 2015 order, it
necessarily follows that the court’s September 25, 2015 order granting
Appellees’ motion for reconsideration of that order, from which this appeal is
taken, is a legal nullity. Accordingly, Appellants’ appeal from the September
25, 2015 order is rendered moot.
Appellant’s appeal is dismissed as moot.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 6/21/2016
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