A. Fullman v. Bureau of Admin. Adjudication
765 C.D. 2021
Pa. Commw. Ct.Oct 18, 2022Background
- In Sept. 2020 the City of Philadelphia Bureau of Administrative Adjudication upheld a parking ticket issued to Andrew Fullman.
- Fullman appealed to the Court of Common Pleas of Philadelphia in Oct. 2020.
- In June 2021 the trial court dismissed Fullman’s appeal for failure to prosecute after he failed to file a brief or comply with a scheduling order.
- Fullman filed a motion for reconsideration of the dismissal; the trial court denied that motion.
- Fullman appealed to the Commonwealth Court from the trial court’s denial of reconsideration (not from the original dismissal) and sought a stay; the Commonwealth Court denied a preliminary injunction because he had not first sought relief in the trial court as required by Pa.R.A.P. 1732(a).
- The Commonwealth Court concluded that an order denying reconsideration of a final trial-court order is not reviewable on appeal and quashed Fullman’s appeal for being taken from a nonreviewable order.
Issues
| Issue | Fullman’s Argument | Bureau/Trial Court’s Argument | Held |
|---|---|---|---|
| Whether an appeal from a trial court’s denial of reconsideration of a final order is reviewable | Fullman proceeded to appeal the denial and sought a stay in this Court | Denial of reconsideration of a final order is not appealable; appeal should be from the underlying final order | Denial of reconsideration is not reviewable; appeal quashed |
| Whether Fullman satisfied Pa.R.A.P. 1732(a) by seeking a stay | Fullman later sought a stay in the trial court (claimed compliance) | He did not first seek relief in the trial court as required, and the requested stay in the trial court did not relate to the order on appeal | Pa.R.A.P. 1732(a) was not satisfied; preliminary injunction denied |
Key Cases Cited
- Thorn v. Newman, 538 A.2d 105 (Pa. Cmwlth. 1988) (refusal to reconsider a final decree is not reviewable on appeal)
- Kohr v. Lower Windsor Twp. Bd. of Supervisors, 910 A.2d 152 (Pa. Cmwlth. 2006) (denial of reconsideration of a final order is not appealable)
- Provident Nat’l Bank v. Rooklin, 378 A.2d 893 (Pa. Super. 1977) (trial court’s refusal to reconsider a final decree not subject to appellate review)
- Boden v. Thompkins, 452 A.2d 833 (Pa. Super. 1982) (same rule reiterated)
- City of Phila. v. Frempong, 865 A.2d 314 (Pa. Cmwlth. 2005) (affirming nonreviewability of reconsideration denials)
- Commonwealth v. Rachau, 670 A.2d 731 (Pa. Cmwlth. 1996) (recognizing limits on appealability of reconsideration denials)