DONALD LEVITT, M.D. v. CRAIG PATRICK, NELSON GOLDBERG AND MARSHA GOLDBERG

DONALD LEVITT, M.D. v. CRAIG PATRICK, NELSON GOLDBERG AND MARSHA GOLDBERG No. 1372 WDA 2007 2009 PA Super 117 Atlantic: n/a Filed: 6/30/2009
	Appeal from the Judgment entered August 7, 2006 In the Court of Common Pleas of ALLEGHENY COUNTY Civil Division at GD No. 01-15053
Before: KLEIN, POPOVICH, and FITZGERALD,* JJ.
Opinion by: FITZGERALD, J.
Appellant, Donald Levitt, M.D. (“Levitt”), appeals from the judgment entered in favor of Appellee, Craig Patrick (“Patrick”), in the Court of Common Pleas of Allegheny County. We hold that a claim need not be discontinued with prejudice for this Court to have jurisdiction to entertain an appeal. We further hold that under the unique facts and circumstances of this case, the action to set aside a sheriff’s sale raised issues different than the instant action of mortgage foreclosure. We finally hold that a terre-tenant actually aware of an outstanding mortgage shares an obligation to repay that mortgage. We reverse the July 5, 2007 order denying post-trial relief, vacate the judgment, and remand for a new trial.

-----------------------------------------------------
Want 50 state & federal case law? - click here