Hill v. Divecchio

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that when “a statute creating a cause of action [designates] who may sue, then standing becomes a jurisdictional prerequisite to an action”
• finding that unambiguous words of section 5312 which state “upon application of parent or grandparent of party” granted grandmother standing to assert cause of action for visitation and/or partial custody of grandchild
• finding that step-grandfather must be dismissed from suit because “the unambiguous words of the statute which state ‘upon application of the parent or grandparent of a party’ preclude the mother’s step-father, the child’s step-grandfather, from asserting a cause of action.”
• addressing whether grandparents had standing to sue for partial physical custody in their own right under section 5312 of the former 3 Pa.C.S.A. § 5312 (i.e., the predecessor statute to the standing provisions set forth at sections 5324 and 5325)
• mother waived review of constitutional challenges to Grandparent Visitation Act by failing to comply with requirements for challenging constitutionality of statutes in civil case
• when words of statute are unambiguous, they are not to be disregarded under pretext of pursuing spirit of statute

Source: CourtListener parenthetical corpus (CC0).