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RODRIQUEZ EX REL. RODRIQUEZ v. SCG MORTGAGE CORP.

865 A.2d 987 (2005)

Emalcom RODRIQUEZ, a minor by and through his mother and natural guardian, Madeline RODRIQUEZ, Appellant, v. SCG MORTGAGE CORPORATION, Suncoast Savings and Loan, Bankunited FSB and Barnett Bank, Safeguard Properties, Inc. and Joseph & Kim Majka. Emalcom Rodriquez, a minor by and through his mother and natural guardian, Madeline Rodriquez, Appellant, v. Safeguard Properties, Inc., Joseph & Kim Majka, City of Philadelphia and the Department of Transportation of the Commonwealth of Pennsylvania.

Commonwealth Court of Pennsylvania.

Decided January 7, 2005.

Attorney(s) appearing for the Case

Martin Stanshine, Philadelphia, for appellant.

Alan C. Ostrow, Philadelphia, for appellee, City of Philadelphia.

BEFORE: COLINS, President Judge, and SMITH-RIBNER, J., and FLAHERTY, Senior Judge.

OPINION BY Senior Judge FLAHERTY.

This appeal comes to us on remand from the Supreme Court of Pennsylvania which granted the petition for allowance of appeal of Emalcom Rodriquez (Rodriquez), a minor by and through his mother and natural guardian, Madeline Rodriquez and vacated the March 6, 2001 order of our Court and remanded to us for consideration of the City of Philadelphia's (City) alternative claimed basis for summary judgment.

Rodriquez appealed from...

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