Lynch
v. Gittelmacher – Cmwlth. Court – Kjune 8, 2016 – unreported* memorandum
opinion
The
lower court erred when it denied an IFP petition without giving reasons. Pa. R.C.P. No. 240 (c)(3) requires that , “
If the petition is denied, in whole or in part, the court shall briefly state
its reasons.”
An
order denying in forma pauperis status in a civil case is a final and
appealable order because “[a] litigant who is denied the ability to bring a
cause of action due to his true inability to pay the costs is effectively put
out of court.” Grant v. Blaine, 868 A.2d 400, 402-03 (Pa. 2005).
“A
trial court’s belated 1925(a) opinion does not cure this problem, since the
brief statement of reasons enables the party to correct any defects in the
petition and the 1925(a) opinion does not.” Goldstein v. Haband Company, Inc.,
814 A.2d 1214, 1215 (Pa. Super. 2002).
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*An unreported
Commonwealth Court case may not be cited binding precedent but can be cited for
its persuasive value. See 210 Pa.
Code § 69.414(b) and Pa. R.A.P.
3716
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