Judges of Coordinate Jurisdiction Sitting In the Same Case
It is well recognized that "'judges of coordinate jurisdiction sitting in the same court and in the same case should not overrule the decisions of each other".'
Boyle v. Steiman, 429 Pa. Super. 1, 631 A.2d 1025, 1031 (Pa.Super. 1993), appeal denied, 538 Pa. 663, 649 A.2d 666 (1994), quoting Golden v. Dion & Rosenau, 410 Pa. Super. 506, 600 A.2d 568, 570 (Pa.Super. 1991).
As the Boyle court noted, however, "An exception exists where new evidence is placed on the record in the interim between the first trial court judge's ruling and the second trial court judge's reassessment." Boyle, 631 A.2d at 1031.
As the court in Boyle continued, "Where the record is materially different from the record that was before the preceding judge, it is not improper for the succeeding judge to reach a different result." Id.