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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 706 (2026)

 Disposition of appeals.

✓ current as of May 2026
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§ 706.  Disposition of appeals.

An appellate court may affirm, modify, vacate, set aside or reverse any order brought before it for review, and may remand the matter and direct the entry of such appropriate order, or require such further proceedings to be had as may be just under the circumstances.

 

Cross References.  Section 706 is referred to in sections 704, 754 of Title 2 (Administrative Law and Procedure); section 1711.1 of Title 62 (Procurement).

Notes of Decisions
Cited in 169 cases (36 in the last 5 years), 1979–2026 · leading case: Johnson, G. v. Lansdale Boro, Aplts., 146 A.3d 696 (Pa. 2016).
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Johnson, G. v. Lansdale Boro, Aplts., 146 A.3d 696 (Pa. 2016). · cites it 5× “It determined that because the Commission found insufficient evidence to support the second charge 5 Citing the general tenet of appellate court jurisprudence set forth in 42 Pa.C.S. § 706 (providing that “[a]n appellate court may affirm, modify, vacate, set aside or reverse any…”
Leon E. Wintermyer, Inc. v. Workers' Comp. Appeal Bd., 812 A.2d 478 (Pa. 2002). · cites it 2× “If the adjudication is not affirmed, the court may enter any order authorized by 42 Pa.C.S. § 706 (relating to disposition of appeals).”
Armbruster v. Horowitz, 813 A.2d 698 (Pa. 2002). · cites it 2× “See 42 Pa.C.S. § 706 ("An appellate court may affirm, modify, vacate, set aside or reverse an order brought before it for review, and may remand the matter and direct the entry of such appropriate order, or require such further proceedings to be had as may be just under the…”
Commonwealth v. Mullins, 918 A.2d 82 (Pa. 2007). · cites it 2× “42 Pa. C.S. § 706. Accordingly, I cannot endorse the articulation of a bright-line rule that restricts those options.”
Bowling v. Off. of Open Records, 75 A.3d 453 (Pa. 2013). “If the adjudication is not affirmed, the court may enter any order authorized by 42 Pa.C.S. § 706 (relating to disposition of appeals).”
Metro. Edison Co. v. Pennsylvania Pub. Util. Comm'n, 767 F.3d 335 (3rd Cir. 2014). · cites it 2× “If the adjudication is not affirmed, the court may enter any order authorized by 42 Pa. C.S. § 706 (relating to disposition of appeals).”
Bowling v. Off. of Open Records, 990 A.2d 813 (Pa. Commw. Ct. 2010). “If the adjudication is not affirmed, the court may enter any order authorized by 42 Pa.C.S. § 706 (relating to disposition of appeals).”
Commonwealth v. Fisher, 80 A.3d 1186 (Pa. 2013). “, at 18-19 (citing 42 Pa. C.S. § 706; collecting cases). Appellees’ arguments mirror the rationale of the Weimer dissent: 3 because conspiracy is a specific intent crime, and a key element of third degree murder is the absence of specific intent, it is a logical impossibility to…”
In Re Appeal of Thompson, 896 A.2d 659 (Pa. Commw. Ct. 2006). “After hearing the court shall affirm the adjudication unless it shall find that the adjudication is in violation of the constitutional rights of the appellant, or is not in accordance with law, or that the provisions of Subchapter B of Chapter 5 (relating to practice and…”
Hinkle v. City of Philadelphia, 881 A.2d 22 (Pa. Commw. Ct. 2005). · cites it 2× “If the adjudication is not affirmed, the court may enter any order authorized by 42 Pa.C.S. § 706 (relating to disposition of appeals).”
Commonwealth v. Bennett, 57 A.3d 1185 (Pa. 2012). “The Commonwealth avers that an appellate court has the authority to modify any appealable order, including a judgment of sentence, pursuant to 42 Pa.C.S. § 706. According *1194 to the Commonwealth, this Court has made clear that when an error affects only a discrete element of…”
Vine v. Commonwealth, State Employees' Ret. Bd., 9 A.3d 1150 (Pa. 2010). · cites it 2× “See 42 Pa.C.S. § 706 (relating to the disposition of appeals, and providing that "[a]n appellate court may affirm, modify, vacate, set aside or reverse any order brought before it for review, and may remand the matter and direct the entry of such appropriate order, or require…”
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— 42 Pa. Cons. Stat. § 706(a)(5) — 1 case
Sommers Ex Rel. Situated v. UPMC, 185 A.3d 1065 (Pa. Super. Ct. 2018).
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