(DOWNLOAD) "Mcneil v. Jordan" by Court of Appeals Thirteenth District of Texas Corpus Christi B Edinburg * eBook PDF Kindle ePub Free
eBook details
- Title: Mcneil v. Jordan
- Author : Court of Appeals Thirteenth District of Texas Corpus Christi B Edinburg
- Release Date : January 21, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
Henry S. McNeil, Jr. (Henry Jr.), appeals the order of the Superior Court affirming the order of the Court of Common Pleas of Montgomery County, which dismissed his action alleging intentional interference with testamentary expectancy. The trial court dismissed the action with prejudice when Henry Jr. declined the courts invitation to file an amended complaint after it denied his request for pre-complaint discovery. In refusing to amend his complaint, Henry Jr. made clear that, given the trial courts prior ruling dismissing his complaint without prejudice, and absent pre-complaint discovery, he would be unable to survive a demurrer. Thus, he sought to challenge the trial courts refusal to permit pre-complaint discovery through the appellate process. We granted allocatur to clarify the parameters of pre-complaint discovery in Pennsylvania. Based upon the reasoning stated in Parts I, II, III, and V, which command a majority of the justices participating in this case, we reverse the order of the Superior Court and remand the matter to the Montgomery County Court of Common Pleas for further proceedings as directed in Part V.
