2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 7 - Jurisdiction of Appellate Courts
708 - Improvident administrative appeals and other matters.

     § 708.  Improvident administrative appeals and other matters.
        (a)  General rule.--No objection to a governmental
     determination shall be defeated by reason of error in the form
     of the objection or the office of clerk of court in which the
     objection is filed.
        (b)  Appeals.--If an appeal is improvidently taken to a court
     under any provision of law from the determination of a
     government unit where the proper mode of relief is an action in
     the nature of equity, mandamus, prohibition, quo warranto or
     otherwise, this alone shall not be a ground for dismissal, but
     the papers whereon the appeal was taken shall be regarded and
     acted on as a complaint or other proper process commenced
     against the government unit or the persons for the time being
     conducting its affairs and as if filed at the time the appeal
     was taken.
        (c)  Other matters.--If a complaint in the nature of equity,
     mandamus, prohibition, quo warranto or other original process is
     commenced in any court against a government unit or one or more
     of the persons for the time being conducting its affairs, as
     such, objecting to a governmental determination by any of them,
     where the proper mode of relief is an appeal from the
     determination of the government unit, this alone shall not be a
     ground for dismissal, but the papers whereon the process against
     the government unit or any of such persons was commenced shall
     be regarded and acted on as an appeal from such determination of
     the government unit and as if filed at the time such process was
     commenced.
        (d)  Place of filing.--Section 5103 (relating to transfer of
     erroneously filed matters) shall also be applicable to an appeal
     or other matter which is deemed to be filed or commenced under
     any provision of this section.
        (e)  Single form of action.--Where pursuant to general rules
     review of a determination of a government unit may be had by a
     petition for review or another single form of action embracing
     the appeal and actions in the nature of equity, mandamus,
     prohibition, quo warranto or otherwise, the jurisdiction of the
     appellate court shall not be limited by the provisions of 1
     Pa.C.S. § 1504 (relating to statutory remedy preferred over
     common law), but such provisions to the extent applicable shall
     limit the relief available.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

        1978 Amendment.  Act 53 added subsec. (e).
        Cross References.  Section 708 is referred to in section 1722
     of this title.