Monday, October 30, 2023

Superior Court Finds Trial Court Erred in Granting Dismissal For Service of Process Issues

In the case of Chappell v. Powell, No. 253 WDA 2023 (Pa. Super. Sept. 29, 2023 Bender, P.J.E., Lazarus, J., and Kunselman, J.) (Op. by Lazarus, J.), the court addressed a decision of a trial court sustaining a Defendant’s Preliminary Objections and dismissal of a Plaintiff’s Complaint in a motor vehicle accident case due to the Plaintiff’s failure to make good faith efforts to complete service.

After a review of the issues before it, the Superior Court reversed the decision of the trial court.

In its decision, the Superior Court found that the trial court erred in dismissing the Complaint due to a finding a lack of diligent efforts at service of process given that such a decision effectively contradicted the trial court’s prior implicit finding of good faith effort and due diligence when the trial court separately granted the Plaintiff’s Motion for Alternative Service.

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

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Oct. 17, 2023).

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