Monday, July 15, 2019

Trial Court Rules that Appellate Issues Waived


In the case of U-Save Auto Rental of Lansdale, Inc. v. Highline Auto. Group, No. 2016-CV-06620  (C.P. Montg. Co. April 23, 2019 Rogers, J.), the trial court wrote a Rule 1925 Opinion for the appellate court asserting that the trial court’s decision that the Defendant had waived all issues on appeal should be upheld.  

This matter arose out of a breach of contract case involving a business consultation contract.   

In this matter, the Defendant failed to file a post-trial motion after a bench trial.   The court noted that the failure to file a post-trial motion under Pa.R.C.P. 227.1 generally resulted in a waiver of all issues on appeal.  

The trial court additionally noted that the Defendant failed to file a Concise Statement of Errors Complained of on Appeal in a timely fashion.   The court noted that, absent any applicable exception to the general rule, the failure to comply with the requirements of Pa.R.A.P. 1925(b), pertaining to the requirement to file Concise Statement of Errors on Appeal when ordered to do so by the court also resulted in an automatic waiver of all issues on appeal.  

In its Rule 1925 Opinion, the trial court urged the appellate court to quash the Defendants’ appeal.  

Anyone wishing to review a copy of this decision may click this LINK.

Source:  “Digest of Recent Opinions.” Pennsylvania Law Weekly (May 21, 2019). 




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