Liberty Integrated Solutions v. Core States (judgment order)
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J-A08006-13 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 LIBERTY INTEGRATED SOLUTIONS, INC. IN THE SUPERIOR COURT OF PENNSYLVANIA v. CORE STATES CONSTRUCTION SERVICES, INC., AND JACK WILLS, INC. APPEAL OF: JACK WILLS, INC. No. 908 EDA 2012 Appeal from the Order Entered March 5, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): October Term, 2011 No. 3685 BEFORE: GANTMAN, J., ALLEN, J., and OTT, J. JUDGMENT ORDER BY GANTMAN, J.: Filed: March 12, 2013 Appellant, Jack Wills, Inc., appeals from the order entered in the Philadelphia County Court of Common Pleas, which overruled Appellant s preliminary objections in the nature of a motion to compel arbitration on the cross-claims of Core States Construction Services, Inc. ( Core States ) and denied Appellant s request for a stay of the underlying breach of contract case pending arbitration. We vacate and remand. Liberty Integrated Solutions, Inc. ( Liberty ) was the subcontractor for electrical work on a construction project on Appellant s property, and Core States is the general contractor for the project. Liberty sued both Core States and Appellant for nonpayment on work performed on the project. Core States filed cross-claims against Appellant; Appellant filed preliminary objections in the nature of a motion to compel arbitration on the cross- J-A08006-13 claims, pursuant to the dispute-resolution provision in the Core States Wills contract. Appellant also asked for a stay of the underlying breach of contract case pending arbitration. Core States opposed Appellant s requests because Liberty was not a party to the Core States Wills contract. The court overruled Appellant s preliminary objections and denied the request for a stay. Appellant filed a notice of interlocutory appeal as of right, per Pa.R.A.P. 311(a)(8); 42 Pa.C.S.A. ยง 7320(a)(1)). On March 6, 2013, Liberty filed a motion with this Court to withdraw its appellate brief, stating it has settled its claims against both Appellant and Core States. Liberty believes Core States cross-claims against Appellant in the underlying action have not settled, and Appellant intends to pursue the appeal. Given Liberty s settlement, we grant Liberty s motion to withdraw its brief. Because the cross-claims between Core States and Appellant are likely subject to the arbitration provision in their contract, we further vacate the court s order refusing to compel arbitration and remand the matter for resolution of the cross-claims between Core States and Appellant. Order vacated; case remanded. Jurisdiction is relinquished. -2-
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