A Philadelphia judge should not have decertified a class where the defense did not challenge the original class certification order immediately after summary judgment proceedings in the case caused that order’s status to shift from interlocutory to appealable, an en banc panel of the Pennsylvania Superior Court has ruled in a 6-3 holding.

But the minority in Basile v. H&R Block Inc. reasoned that since H&R Block had been granted summary judgment as to all issues at the trial level, it was not an “aggrieved party” and thus had no right to appeal.