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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 723 (2026)

  Appeals from Commonwealth Court.

✓ current as of May 2026
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§ 723.  Appeals from Commonwealth Court.

(a)  General rule.--The Supreme Court shall have exclusive jurisdiction of appeals from final orders of the Commonwealth Court entered in any matter which was originally commenced in the Commonwealth Court except an order entered in a matter which constitutes an appeal to the Commonwealth Court from another court, a magisterial district judge or another government unit.

(b)  Board of Finance and Revenue matters.--Any final order of the Commonwealth Court entered in any appeal from a decision of the Board of Finance and Revenue shall be appealable to the Supreme Court, as of right, under this section.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

 

2004 Amendment.  Act 207 amended subsec. (a). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

Cross References.  Section 723 is referred to in sections 724, 763, 5105 of this title.

Notes of Decisions
Cited in 153 cases (22 in the last 5 years), 1978–2026 · leading case: Com., Dep v. Cromwell Tp., Huntingdon Cty., 32 A.3d 639 (Pa. 2011).
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Com., Dep v. Cromwell Tp., Huntingdon Cty., 32 A.3d 639 (Pa. 2011). · cites it 11× “We concluded that matters that are pendant to actions in the Commonwealth Court's appellate jurisdiction, or ancillary to it, are not originally commenced in the Commonwealth Court within the meaning of 42 Pa.C.S. § 723. School District of Philadelphia, supra , also addressed,…”
Commonwealth, Dep't of Env't Prot. v. Cromwell Twp., 32 A.3d 639 (Pa. 2011). · cites it 11× “We concluded that matters that are pendant to actions in the Commonwealth Court’s appellate jurisdiction, or ancillary to it, are not originally commenced in the Commonwealth Court within the meaning of 42 Pa.C.S. § 723. School District of Philadelphia, supra, also addressed,…”
Mercury Trucking, Inc. v. Pennsylvania Pub. Util. Comm'n, 55 A.3d 1056 (Pa. 2012). · cites it 6× “to an appellate court, the selection of such court to be as provided by law”); 42 Pa.C.S. § 723. The Commission disagrees and argues that judicial review by this Court is discretionary in assessment matters.”
Nixon v. Commonwealth, 839 A.2d 277 (Pa. 2003). · cites it 4× “The Commonwealth Parties appealed to this Court as of right pursuant to 42 Pa. C.S. § 723. [14] They now argue that the Commonwealth Court erred in finding the criminal records chapter unconstitutional because the chapter's employment restrictions are rationally related to the…”
Pennsylvania Dep't of Aging v. Lindberg, 469 A.2d 1012 (Pa. 1983). · cites it 8× “" 42 Pa.C.S. § 723. [4] In this connection we note especially that Section 702 of our Administrative Code, 2 Pa.”
Capinski v. Upper Pottsgrove Twp., 164 A.3d 601 (Pa. Commw. Ct. 2017). · cites it 4× “This Court has mandatory appellate jurisdiction with respect to this determination under 42 Pa. C.S. § 723(a) relating to appeals from final orders of Commonwealth Court in matters commenced under that Court’s original jurisdiction.”
William Penn Sch. Dist. v. Pennsylvania Dep't of Educ., 170 A.3d 414 (Pa. 2017). · cites it 2× “See 42 Pa.C.S. § 723(a) (“The Supreme Court shall have exclusive jurisdiction of appeals from final orders of the Commonwealth Court entered in any matter which was originally commenced in the Commonwealth Court.”
Com v. UPMC, Appeal of Com. by A.G., 208 A.3d 898 (Pa. 2019). · cites it 2× “We exercise jurisdiction over this appeal pursuant to 42 Pa.C.S. § 723(a). The order appealed is narrow, inasmuch as OAG is aggrieved by the disposition of only one of its eighteen prayers for relief in Count I.”
Pennsylvania Human Relations Comm'n v. Sch. Dist., 732 A.2d 578 (Pa. 1999). · cites it 10× “Thus, the PHRC distinguishes between proceedings "originally commenced" in the court for purposes of appealability under 42 Pa.”
Gossman v. Lower Chanceford Twp. Bd. of Supervisors, 469 A.2d 996 (Pa. 1983). · cites it 4× “Appellant herein filed an application for counsel fees in the Commonwealth Court, seeking to recover the costs involved in litigating the underlying action in both the court of common pleas and the Commonwealth Court.”
In Re Nomination of Flaherty, 770 A.2d 327 (Pa. 2001). · cites it 2× “NOTES [1] This Court has exclusive jurisdiction over this matter pursuant to 42 Pa.C.S. § 723(a), which provides for a direct appeal from a final order of the Commonwealth Court concerning any matter commenced in that court.”
Koken v. Reliance Ins., 893 A.2d 70 (Pa. 2006). · cites it 2× “16 Mawson then filed this direct appeal pursuant to 42 Pa.C.S. § 723(a). This Court’s jurisdiction is secure.”
Show all 153 citing cases →
— 42 Pa. Cons. Stat. § 723(a) — 102 cases
Com., Dep v. Cromwell Tp., Huntingdon Cty., 32 A.3d 639 (Pa. 2011). “We concluded that matters that are pendant to actions in the Commonwealth Court's appellate jurisdiction, or ancillary to it, are not originally commenced in the Commonwealth Court within the meaning of 42 Pa.C.S. § 723. School District of Philadelphia, supra , also addressed,…”
Commonwealth, Dep't of Env't Prot. v. Cromwell Twp., 32 A.3d 639 (Pa. 2011). “We concluded that matters that are pendant to actions in the Commonwealth Court’s appellate jurisdiction, or ancillary to it, are not originally commenced in the Commonwealth Court within the meaning of 42 Pa.C.S. § 723. School District of Philadelphia, supra, also addressed,…”
Capinski v. Upper Pottsgrove Twp., 164 A.3d 601 (Pa. Commw. Ct. 2017). “This Court has mandatory appellate jurisdiction with respect to this determination under 42 Pa. C.S. § 723(a) relating to appeals from final orders of Commonwealth Court in matters commenced under that Court’s original jurisdiction.”
William Penn Sch. Dist. v. Pennsylvania Dep't of Educ., 170 A.3d 414 (Pa. 2017). “See 42 Pa.C.S. § 723(a) (“The Supreme Court shall have exclusive jurisdiction of appeals from final orders of the Commonwealth Court entered in any matter which was originally commenced in the Commonwealth Court.”
Mercury Trucking, Inc. v. Pennsylvania Pub. Util. Comm'n, 55 A.3d 1056 (Pa. 2012). “to an appellate court, the selection of such court to be as provided by law”); 42 Pa.C.S. § 723. The Commission disagrees and argues that judicial review by this Court is discretionary in assessment matters.”
— 42 Pa. Cons. Stat. § 723(b) — 24 cases
Wirth v. Commonwealth, 95 A.3d 822 (Pa. 2014).
Greenwood Gaming & Ent., Inc. v. Commonwealth, 90 A.3d 699 (Pa. 2014).
Crawford Cent. Sch. Dist. v. Commonwealth, 888 A.2d 616 (Pa. 2005).
Ppg Indus. v. Bd. of Fin. & Revenue, 790 A.2d 261 (Pa. 2001).
Hosp. Utilization Proj. v. Commonwealth, 487 A.2d 1306 (Pa. 1985).
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