Wednesday, June 4, 2008

Superior Court 6/4/08 - T.M., as parent and legal guardian for D.M., a minor

T.M., as parent and legal guardian for D.M., a minor ELWYN, INC. and ELWYN ALTERNATIVE SCHOOL and MARKEITH EUGENE AIKENS APPEALS OF: ELWYN, INC. and ELWYN ALTERNATIVE SCHOOL
No. 805 & 1002 EDA 2007 2008 PA Super 113 Atlantic: n/a Filed: 6/4/2008
Appeal from the Orders of March 26, 2007, in the Court of Common Pleas of Delaware County, Civil Division at No. 05-14636
Before: BENDER, TAMILIA AND COLVILLE, JJ.
Opinion by: BENDER, J.
Concurring Statement by: COLVILLE, J.
Elwyn, Inc. and Elwyn Alternative School (collectively, “Elwyn”) appeal from two discovery orders, both dated March 23, 2007, and docketed on March 26, 2007. For the following reasons, we hold that the discovery orders at issue are immediately appealable pursuant to the collateral order doctrine and that the trial court failed to provide an adequate analysis to justify the breadth of the discovery orders. Accordingly, we vacate the orders and remand to the trial court for further proceedings consistent with this opinion.

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