Vickery, T. v. Langianese, J.
CourtSuperior Court of Pennsylvania
Date FiledOctober 29, 2026
Docket953 WDA 2025
JudgePanella
StatusUnpublished
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Full Opinion
J-A18002-26
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
TOM R. VICKERY, INDIVIDUALLY AND : IN THE SUPERIOR COURT OF
AS ADMINISTRATOR OF THE ESTATE : PENNSYLVANIA
OF TONI ANN VICKERY :
:
Appellant :
:
:
v. :
: No. 953 WDA 2025
:
JOSEPH L. LANGIANESE, MOLLY J. :
COLESTRO, TINA M. SLAVEN, KAREN :
LANGIANESE, CNB BANK AND WELLS :
FARGO ADVISORS AND BRADFORD :
CITY BEERS, INC., F/K/A BURNS :
BROS., INC. :
Appeal from the Order Entered June 30, 2025
In the Court of Common Pleas of McKean County
Civil Division at No(s): 286 CD 2023
BEFORE: PANELLA, P.J.E., KING, J., and LANE, J.
JUDGMENT ORDER BY PANELLA, P.J.E.: FILED: October 29, 2026
Tom R. Vickery appeals from the order entered by the McKean County
Court of Common Pleas on June 30, 2025 that denied Vickery’s motion to
modify a March 11, 2025 order, and deleted a portion of an order entered on
September 19, 2024. We remand for the court to clarify the procedural
posture of this matter.
This case involves a dispute over ownership and control of a
Pennsylvania business corporation known as Bradford City Beers, Inc.
However, the procedural posture of this case and our jurisdiction is not clear
from the record. Briefly, Vickery filed a petition for declaratory judgment
J-A18002-26
involving the ownership of the stock and assets of Bradford City Beers.
Bradford City Beers had been formerly owned by Michael J. Langianese, Jr.
Mr. Langianese died in 2012 and stock in the corporation passed by
inheritance in equal shares to his five children, including Vickery’s late wife.
The instant dispute involves discussions that occurred in August 2018,
regarding Vickery and his wife obtaining assets of the corporation to continue
running the beverage distribution portion of the corporation.
Preliminarily, we must determine whether this appeal is properly before
us, as “[t]he appealability of an order directly implicates the jurisdiction of the
court asked to review the order.” See Estate of Considine v. Wachovia
Bank, 966 A.2d 1148, 1151 (Pa. Super. 2009) (citation omitted). “[T]his
Court has the power to inquire at any time, sua sponte, whether an order is
appealable.” Id. (citation omitted). It is well-settled that “[a]n appeal may be
taken from: (1) a final order or an order certified as a final order; (2) an
interlocutory order as of right; (3) an interlocutory order by permission; or
(4) a collateral order.” In re Estate of Cella, 12 A.3d 374, 377 (Pa. Super.
2010) (citations and quotation marks omitted).
The record does not reflect an order either granting or denying the
declaratory judgment. The order from which Vickery appeals denies his motion
to modify one order and deletes a portion of a September 29, 2026, order
that, in pertinent part, permitted him to use and trade in the Bradford City
Beer name.
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J-A18002-26
It is not clear whether we have jurisdiction because it is uncertain if and
when there has been a final order, an injunctive order, or something else that
would provide jurisdiction in the Superior Court. Notably, Vickery cites to
Pa.R.A.P. 311(a)(4) to establish this Court’s jurisdiction over this appeal.
Under this rule, an interlocutory appeal may be taken as of right from an
“order that grants or denies, modifies or refuses to modify, continues or
refuses to continue, or dissolves or refuses to dissolve an injunction …” See
Pa.R.A.P. 311(a)(4). Upon review of the record, it is not clear that the order
appealed from had anything to do with an injunction.
We therefore remand for a period of 30 days and direct the trial court
to clarify the record as to the procedural posture of this case, and more
specifically, the status of the order from which the appeal was taken.
Case remanded. Jurisdiction retained.
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