BARREN v. COMMONWEALTH

No. 10 WDA 2013.

74 A.3d 250 (2013)

2013 PA Super 224

David Morris BARREN, Appellant v. COMMONWEALTH of Pennsylvania, Appellee.

Superior Court of Pennsylvania.

Filed August 2, 2013.


Attorney(s) appearing for the Case

David M. Barren, appellant, pro se.

Michael W. Streily , Deputy District Attorney and Rebecca G. McBride , Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

BEFORE: GANTMAN, OTT, and FITZGERALD, JJ.


OPINION BY FITZGERALD, J.:

Pro se Appellant, David Morris Barren, appeals from the order entered in the Allegheny Court of Common Pleas dismissing his action in replevin. The trial court reasoned that his action requested the same relief he sought in a pending criminal matter. Appellant contends that the court erred because the relief requested was not the same, Pa.R.Civ.P. 1079.1 permits him to pursue the instant case, and dismissal would violate the Pennsylvania...

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