Murphy, P. v. International Druidic Society
152 A.3d 286
| Pa. Super. Ct. | 2016Background
- Decedent Edward F. Turner lived in New Jersey and appointed his daughter Judy Taylor as attorney-in-fact; he died in New Jersey in 2010. Appellant Patricia Murphy is administrator of his estate (appointed in NJ) and holder of a judgment against the estate.
- Murphy sued the International Druidic Society (IDS) and Decedent’s family in Pennsylvania in 2012, alleging conversion, fraud, racketeering, civil conspiracy, and unjust enrichment for dissipation of assets beginning in 2007.
- A non-jury trial began June 1, 2015. Appellant called Judy Taylor as her first witness, elicited testimony, and introduced exhibits; the court repeatedly asked for additional, focused proof of liability.
- After about 90 minutes and an oral summary / offer of proof from Appellant about further evidence she intended to present, defendants moved for a compulsory nonsuit. The trial court granted the nonsuit, concluding Appellant had not established entitlement to relief and lacked authority to assert claims on behalf of IDS.
- Appellant filed no post-trial motion to remove the nonsuit and instead filed a notice of appeal. The Superior Court concluded it lacked jurisdiction and quashed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether granting nonsuit during plaintiff’s case was premature/abuse of discretion | Murphy: nonsuit was entered before she finished examining first liability witness; trial terminated too early, preventing presentation of documentary evidence and other witnesses | Defendants: court properly granted nonsuit after plaintiff’s testimony, exhibits, and oral offer of proof were insufficient to establish liability or authority to pursue IDS assets | Court: nonsuit was properly entered during trial after plaintiff presented evidence and an offer of proof; compulsory nonsuit was appropriate under Pa.R.C.P. 230.1 |
| Whether appeal from nonsuit was timely/appealable without post-trial motion | Murphy: appealed immediately from nonsuit order | Defendants: appeal premature because plaintiff failed to file required post-trial motion to remove nonsuit before appealing | Court: appeal quashed for lack of jurisdiction because Appellant did not file a motion to remove the nonsuit (and the nonsuit was not a pretrial dispositive order requiring different treatment) |
Key Cases Cited
- Lewis v. United Hospitals, 547 Pa. 626, 692 A.2d 1055 (1997) (pretrial nonsuit treated as summary judgment; different post-appeal requirements)
- Rachlin v. Edmison, 813 A.2d 862 (Pa.Super. 2002) (nonsuit appropriate after plaintiff presents evidence and offer of proof)
- Vucelich v. Trustees of University of Pennsylvania, 481 A.2d 1193 (Pa.Super. 1984) (appeal quashed where plaintiff failed to move to remove compulsory nonsuit)
- Rivera v. Home Depot, 832 A.2d 487 (Pa.Super. 2003) (pretrial nonsuit that functions as summary judgment may excuse failure to file post-trial motion when misled)
- DiGregorio v. Keystone Health Plan East, 840 A.2d 361 (Pa.Super. 2003) (order entered before trial commenced treated as summary judgment/judgment on pleadings)
- Phillips v. Lock, 86 A.3d 906 (Pa.Super. 2014) (pretrial nonsuit equated with summary judgment)
- Kukich v. Serbian Eastern Orthodox Church of Pittsburgh, 415 Pa. 28, 202 A.2d 77 (1964) (historical rule: appeal lies from denial of motion to remove nonsuit)