HART v. O'MALLEY


436 Pa.Super. 151 (1994)

647 A.2d 542

David L. HART and Ann B. Hart, Appellants, v. Elizabeth O'MALLEY and Charles J. Aliano, Appellees.

Superior Court of Pennsylvania.

Filed August 16, 1994.


Attorney(s) appearing for the Case

Charles M. Watkins, Reading, for appellants.

Frank T. Blasi, Scranton, for O'Malley, appellee.

Joseph E. Jane, Scranton, for Aliano, appellee.

Before ROWLEY, P.J., and McEWEN and KELLY, JJ.


KELLY, Judge:

In this appeal, we must determine if an individual, who should have been joined as an indispensable party in an equity action but was not joined as an indispensable party, now has standing to bring a cause of action for wrongful use of civil proceedings against the party who instituted the equity action. We conclude that an indispensable party has standing to bring a cause of action for wrongful use of civil proceedings. We are next asked to determine...

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