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Howard BOOFER, Appellee, v. Lisa W. LOTZ, Butler County Clerk of Courts; and William L. Patterson, Court Administrator, Appellants

Supreme Court of Pennsylvania2004-02-17No. Appeal No. 5 WAP 2003
577 Pa. 12842 A.2d 333

Authorities cited

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Opinion

majority opinion

ORDER

PER CURIAM.

AND NOW, this 17th day of February 2004, the order of the Commonwealth Court is REVERSED and the matter is REMANDED. The Commonwealth Court erred in granting appellee relief upon a claim neither preserved below nor raised on appeal. See Pa.R.C.P. 227.1(b); Pa.R.A.P. 302(a); see also Danville Area School District v. Danville Area Education Association, 562 Pa. 238, 754 A.2d 1255, 1259 (2000). The matter is remanded for review of the issues appellee properly raised and preserved for appeal.