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). 

Pennsylvania Superior Court Issues Cautions For Preserving Record and Issues for Appeal

In the case of Hassel v. Franzi, No. 2019 Pa. Super. 109 (Pa. Super. April 8, 2019 Stevens, P.J.E., Olson, J., Dubow, J.) (Op. by Stevens, P.J.E.), the Pennsylvania Superior Court noted that a failure to include record citations in party’s statement of issues in appellate filings, so that the appellate court could establish that the objections asserted were made and what was objected to, amounts to a waiver of the issues on appeal.  

The Superior Court noted that “[i]t is axiomatic that when a court has to guess what issues a Defendant is appealing, that is not enough for meaningful review.”  See Op. at 12.  

In this regard, the court noted that this matter involved an eight (8) day trial and that the appellate only initially provided the court with notes of testimony from portions of the trial.   The Superior Court noted that the Superior Court’s Prothonotary completed an extensive effort to ascertain the remaining notes of testimony.   In its Opinion, the court reminded the appellant of its duty to ensure that the Superior Court receives all of the documents necessary to review the issues raised on appeal.   See fn. 1 at p. 13.    

The court additionally noted in this Opinion that any objections concerning an expert exceeding the scope of an expert report and/or the scope of direct examination must be specifically stated or will be considered to be waived on appeal.  

This case arose out of a medical malpractice action.  

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

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.