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Finney v. Commonwealth6/19/1998
ourt, pursuant to Pa. R.A.P. 2744, for assessment of reasonable attorney's fees and costs against Finney and his counsel, jointly and severally.
CHARLES P. MIRARCHI, JR., Senior Judge
ORDER
AND NOW, this 19th day of June, 1998, the order of the Court of Common Pleas of Allegheny County in the above-captioned matter is affirmed. The request of the Department of Transportation, Bureau of Driver Licensing for attorney's fees and costs is granted. This matter is remanded to the said court for assessment of reasonable attorney's fees and costs against Scott Finney and his counsel, Martin W. Sheerer, Esquire, jointly and severally. Jurisdiction relinquished.
CHARLES P. MIRARCHI, JR., Senior Judge
DISSENTING OPINION BY JUDGE FLAHERTY
FILED: June 19, 1998
Mr. Finney's appeal is no more and no less frivolous than the numerous appeals to this court following an order of the Court of Common Pleas dismissing an appeal to that court for a refusal to submit to chemical testing for alcoholic content.
It is, therefore, a matter of great concern when a litigant and his counsel are suddenly singled out of such numerous cases by DOT which requests fees and costs to be assessed.
Or, is this an attempt by DOT to institute a new system of assessing attorney's fees and costs in every case?
Or, is it an attempt to assess fees and costs as the occasion suits DOT, depending on various indefinable, irregular factors, such as, who is the opposing counsel?
In any event, Mr. Finney and his counsel do not deserve this disparate treatment to which I vigorously Dissent.
JIM FLAHERTY, Judge
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