Once Appeal is Filed Trial Court Loses Jurisdiction Over the Case

In its non-precedential decision in the case of Grady v. Nelson, No. 2115 EDA 2021 (Pa. Super. Nov. 20, 2023 Stabile, J., Dubow, J., Pellegrini, J.) (Op. by Stabile, J.), the Pennsylvania Superior Court reaffirmed the rule of appellate procedure that, once a case goes up on appeal, the trial court loses jurisdiction to take further action until the case is remanded.

The Superior Court more specifically noted that the effort by the defense counsel to place a case on a trial list before the pleadings were even closed and any opportunity was allowed to conduct pre-trial proceedings as allowed under the Rules of Civil Procedure was improper. The court noted that it was improper for counsel for seek a trial listing while the appeal was pending given that the lower court did not have any jurisdiction to proceed further in the matter, subject to certain exceptions which were not applicable in this case.

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


Source: Article – “Court Scolds Counsel for Pursuing Case in Both Common Pleas, Appellate Systems” By Riley Brennan of the Pennsylvania Law Weekly (Nov. 28, 2023).