CHARLES MEADOWS ET AL. v. ENOCH GOODMAN

CHARLES MEADOWS ET AL. v. ENOCH GOODMAN No. 1737 EDA 2009 2010 PA Super 28 Atlantic: n/a Filed: 3/4/2010
	Appeal from the Order entered May 11, 2009 In the Court of Common Pleas of Philadelphia County Civil No. May Term 2008, No. 00297
Before: BOWES, GANTMAN and KELLY, JJ.
Opinion by: KELLY, J.
Charles Meadows and Terry Bell, Appellants, appeal from the order entered in the Philadelphia County Court of Common Pleas denying their motion to amend their complaint and dismissing the case. We hold that the trial court erred in denying a motion, which clearly sought to join a defendant but was mis-titled a “motion to amend complaint,” and which was filed before the statute of limitations had run, where neither the named defendant nor proposed defendant would suffer prejudice. We further hold the court erred in sua sponte dismissing the case where, even if the motion to join a defendant were properly denied, there remained outstanding claims. We reverse and remand.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. EUGENE CLINTON JACKSON

COMMONWEALTH OF PENNSYLVANIA v. EUGENE CLINTON JACKSON No. 2001 MDA 2007 2009 PA Super 17 Atlantic: 965 A.2d 280 Filed: 1/30/2009
	Appeal from the PCRA Order entered November 15, 2007 In the Court of Common Pleas of Dauphin County Criminal No. CP-22-CR-0001248-2002
Before: LALLY-GREEN, FREEDBERG, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Eugene Clinton Jackson, appeals pro se from the order of the Dauphin County Court of Common Pleas, denying his second petition filed pursuant to the Post Conviction Relief Act (PCRA). Appellant has also filed a petition to supplement his brief. We hold that the PCRA court erred when it dismissed appointed counsel sua sponte after the evidentiary hearing. Accordingly, we deny Appellant’s petition as moot, but remand for appointment of counsel.

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