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FREY v. SMITH

454 Pa.Super. 242 (1996)

685 A.2d 169

Nathan FREY, a minor, BY AND THROUGH his parents, Richard and Eleanor FREY, and Richard and Eleanor Frey, in their own right, Appellants, v. John SMITH, a minor, BY AND THROUGH his mother, Valerie SMITH, and Valerie Smith and Charles Struts and Michael Praul, a minor, by and through his parents, Michael and Cindy PRAUL, and Michael and Cindy Praul, Appellees.

Superior Court of Pennsylvania.

Filed November 8, 1996.

Attorney(s) appearing for the Case

Mel D. Kardos, Newtown, for appellants.

John J. Barr, Willow Grove, for Praul, appellees.

Before DEL SOLE, BECK and POPOVICH, JJ.

POPOVICH, Judge:

This is an appeal from an order granting appellees' preliminary objections in the nature of a demurrer and dismissing three counts of appellants' complaint, with prejudice. On appeal, appellants contend the following: (1) The lower court improperly granted appellees' preliminary objections, with prejudice; and, (2) Pursuant to Pennsylvania Rule of Civil Procedure 1033, the lower court should have permitted appellants to amend their complaint in order...

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