Okkerse v. Howe

LARSEN, Justice,

concurring and dissenting.

I agree with the majority herein that Superior Court properly 1) quashed as interlocutory the appeal from the order of Common Pleas Court Judge DiBona refusing to reconsider his order denying the Pfaumers’ petition to transfer; and 2) vacated the order of Common Pleas Court Judge White granting the Denison petition for change of venue in that there was no record basis on which to sustain this order.

I disagree, however, that Superior Court erred in reviewing “the merits of Judge DiBona’s refusal to transfer the case.” Maj. op. at 520. In support thereof, I adopt that part of the opinion of Superior Court where that court states:

It is clear ... that Judge DiBona had before him sufficient facts to decide the issue of convenience, and that his disposition was based on a careful consideration of all relevant factors. Therefore, there can be nothing gained by a remand of the issue to Judge White nor entertainment of similar petitions by other parties to this action. To hold otherwise would only result in further *522delay of a hearing on the merits of the case below. (Footnote omitted)

Opinion of the Court at 8-9 (Oct. 7, 1987).

Accordingly, I would affirm the order of Superior Court which quashed the appeal from the order of Judge DiBona, vacated the order of Judge White, and remanded for proceedings consistent with its memorandum opinion.

PAPADAKOS, J., joins in this concurring and dissenting opinion.