Rodriquez, a Minor by Guardian M. Rodriquez v. SCG Mortgage Corp., et al. (Summary Disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT EMALCOM RODRIQUEZ, A MINOR BY AND THROUGH HIS MOTHER AND NATURAL GUARDIAN, MADELINE RODRIQUEZ, Petitioner v. SCG MORTGAGE CORPORATION, SUNCOAST SAVINGS AND LOAN, BANKUNITED FSB AND BARNETT BANK, SAFEGUARD PROPERTIES, INC. AND JOSEPH AND KIM MAJKA, Respondents EMALCOM RODRIQUEZ, A MINOR BY AND THROUGH HIS MOTHER AND NATURAL GUARDIAN, MADELINE RODRIQUEZ, Petitioner v. SAFEGUARD PROPERTIES, INC., JOSEPH AND KIM MAJKA, CITY OF PHILADELPHIA AND THE DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH OF PENNSYLVANIA, Respondents : No. 467 EAL 2001 : : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court : : : : : : : : : : : : : : : : : : : : : : : : : : : : : ORDER PER CURIAM: AND NOW, this 22nd day of June, 2004, the Petition for Allowance of Appeal is hereby GRANTED, and the order of the Commonwealth Court is VACATED. See Walker v. Eleby, ___ Pa. ____, 842 A.2d 389 (2004). The matter is REMANDED for consideration of the City of Philadelphia s alternative claimed basis for summary judgment.

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