Coleman, A. v. Lackner, K.
Coleman, A. v. Lackner, K. No. 1117 WDA 2016
| Pa. Super. Ct. | Feb 14, 2017Background
- Landlord (Lackner) and tenant (Coleman) signed a one-year residential lease on December 15, 2013.
- Coleman sued in magistrate court on March 30, 2015 for return of an $800 security deposit and notice of damages; magistrate entered judgment for Coleman for $1,600 on August 4, 2015.
- Lackner appealed to the Court of Common Pleas; arbitration award again favored Coleman for $1,600 (January 19, 2016). Lackner timely appealed the arbitration award.
- Bench trial occurred June 30, 2016; trial court entered verdict for Coleman for $1,400 on July 1, 2016; judgment entered July 22, 2016 after no timely post-trial motions were filed.
- Lackner filed untimely post-trial motions and a notice of appeal; failed to obtain and include the trial transcript as ordered. The trial court denied the late motions and ordered the transcript, which was not provided.
- The Superior Court found that Lackner waived all appellate issues due to (1) failure to file timely post-trial motions, (2) omission of several issues from her Rule 1925(b) statement, and (3) failure to include the trial transcript in the certified record; the court affirmed judgment.
Issues
| Issue | Plaintiff's Argument (Coleman) | Defendant's Argument (Lackner) | Held |
|---|---|---|---|
| Timeliness of post-trial motions | N/A (Coleman did not object to timeliness) | Lackner argued the court should consider her post-trial motions despite lateness | Waived — motions were filed after 10-day rule; judgment properly entered on praecipe |
| Court jurisdiction after appeal | Court: appeal limits further merits action | Lackner: court improperly vacated dismissal and proceeded | Held for trial court — once appeal filed, trial court generally lacks authority to act on merits; Lackner’s actions caused waiver |
| Sufficiency of appellate record (missing transcript) | Coleman: record was complete for affirmance | Lackner: failed to procure trial transcript as ordered | Waived — missing transcript prevents meaningful review; issues dependent on transcript are waived |
| Omitted/overly vague Rule 1925(b) statement | Coleman: issues preserved where raised | Lackner: raised numerous substantive claims in brief | Waived — many claims not included or were too vague in 1925(b) and thus not preserved |
Key Cases Cited
- Tucker v. R.M. Tours, 939 A.2d 343 (Pa. Super. 2007) (appellate court may sua sponte assess preservation)
- Wholaver, 903 A.2d 1178 (Pa. 2006) (preservation principles discussed)
- Hall v. Owens Corning Fiberglass Corp., 779 A.2d 1167 (Pa. Super. 2001) (post-trial relief requires specification in post-trial motion)
- Agostinelli v. Edwards, 98 A.3d 695 (Pa. Super. 2014) (issues not raised in post-trial motions are waived)
- D.L. Forrey & Associates, Inc. v. Fuel City Truck Stop, Inc., 71 A.3d 915 (Pa. Super. 2013) (trial court lacks authority to consider untimely post-trial motions after appeal)
- Ostrowski v. Pethick, 590 A.2d 1290 (Pa. Super. 1991) (denial of post-trial motion after appeal is a nullity)
- Linde v. Linde Enterprises, Inc., 118 A.3d 422 (Pa. Super. 2015) (issues omitted from Rule 1925(b) statement are waived)
- Commonwealth v. Hill, 16 A.3d 484 (Pa. 2011) (appellate court may enforce Rule 1925(b) waivers sua sponte)
- Conner v. DaimlerChrysler Corp., 820 A.2d 1266 (Pa. Super. 2003) (appellant must provide complete record for review)
- Commonwealth v. Preston, 904 A.2d 1 (Pa. Super. 2006) (appellant must order/pay for transcripts necessary on appeal)
- In re K.L.S., 934 A.2d 1244 (Pa. 2007) (when issues are waived, appellate court should affirm)
- Everett Cash Mut. Ins. Co. v. T.H.E. Ins. Co., 804 A.2d 31 (Pa. Super. 2002) (materials not in official record are considered non-existent)
- Stewart v. Owens-Corning Fiberglas, 806 A.2d 34 (Pa. Super. 2002) (failure to include transcripts can waive appellate claims)