Superior Court of Pennsylvania· 2/5/2014

Hill v. Ofalt

Citations

85 A.3d 540
2014 Pa. Super. 17
2014 WL 464212
2014 Pa. Super. LEXIS 26

How courts have described this case

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

holding that “[n]o testimony or other evidence - 11 - J-A05031-24 outside of the complaint may be considered to dispose of the legal issues presented by the demurrer”
finding that the “gravamen” of a complaint was injury to the corporation where a fifty/fifty shareholder plaintiff primarily alleged the other shareholder mismanaged the corporation
stating that no evidence outside of the complaint may be considered to dispose of the legal issues presented by the demurrer
stating that “as a general rule, an order sustaining preliminary objections and dismissing a complaint is a final and appealable order” and discussing the requirement that the order in question dispose of all claims and all parties
explaining that, the right to amend should be liberally granted and not be withheld where there is “some reasonable possibility that amendment can be accomplished successfully” but there may come a time where “to extend leave to amend would be futile”
vacating dismissal without leave to file amended complaint although request that the court grant leave to amend was first made in motion for reconsideration

Source: CourtListener parenthetical corpus (CC0).

Judges: Mundy, Olson, Strassburger

Read full opinion on CourtListener

Cited by

25 cases in this archive cite this case; the 20 most cited are listed.

Cites

26 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.