Rellick-Smith v. Rellick, et al. (opinion announcing the judgment of the court)
Annotate this CaseIn 2006, Rose Rellick (decedent) purchased two certificates of deposit ("CDs") listing as co-owners herself, her sister appellee Betty Rellick, and the daughters of her deceased brother George, appellee Kimberly Vasil and appellant Sharleen Rellick-Smith. Prior to purchasing the CDs, Decedent executed powers of attorney designating Betty and Kimberly as her attorneys-in-fact. It purportedly was Decedent’s intention that, upon her death, the proceeds of the CDs be divided equally among Appellant and Appellees. However, prior to Decedent’s death, Appellees removed Appellant’s name from the CDs. In March 2013, subsequent to Decedent’s death, Appellees cashed the CDs, which were worth approximately $370,000, and divided the money between the two of them. In 2014, Appellant filed an action against Appellees, claiming they breached their fiduciary duties to Decedent by removing Appellant’s name from the CDs and refusing to pay her any of the proceeds. Appellees filed a timely response to the complaint, but, relevant to this appeal, did not raise any affirmative defenses therein. Four months later, Appellees moved to dismiss the complaint, arguing that Appellant lacked standing and that her claim was barred by the statute of limitations. Appellees’ motion was ultimately granted on the basis that Appellant lacked standing. Notably, however, the trial judge determined that Appellees waived the statute of limitations defense by failing to raise it as a new matter in their answer, as required by Pa.R.C.P. 1030(a). The issue this case presented for the Pennsylvania Supreme Court's review was whether the Superior Court erred in affirming an order of the trial court that permitted the appellees to file an amended answer to include the affirmative defense of statute of limitations, which a different trial court judge previously ruled was waived. The Supreme Court concluded the second trial judge’s order violated the coordinate jurisdiction rule in this regard, thus the Superior Court erred in affirming the second court's order. The Superior Court decision was reversed, the trial judge's order vacated in part, and the matter remanded to the trial court for further proceedings.
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