National Collegiate Student Loantrust 2006-1 v. D. Becirovic
1340 C.D. 2016
| Pa. Commw. Ct. | Sep 19, 2017Background
- Becirovic co-signed a private student loan in July 2005; the borrower died in October 2009 and last payment was February 2010. The loan was later assigned to National Collegiate Student Loan Trust 2006-1.
- National Collegiate sued Becirovic in magisterial district court in May 2013; judgment entered in Becirovic’s favor on March 4, 2014, and National Collegiate appealed to the Court of Common Pleas.
- In the trial court proceeding, National Collegiate filed an amended complaint then later filed a praecipe to withdraw that amended complaint on April 25, 2016.
- Becirovic filed a petition for judgment on May 27, 2016; the trial court denied the petition and closed the case by order dated June 7, 2016; a motion for reconsideration was denied June 28, 2016.
- Becirovic filed a notice of appeal 45 days after the June 7 order (but within 30 days of the denial of reconsideration). He also failed to file the required Pa. R.A.P. 1925(b) concise statement despite two court orders.
- The Commonwealth Court assumed jurisdiction for purposes of decision but held Becirovic waived all issues on appeal for failure to comply with Rule 1925(b), and therefore quashed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of appeal | Becirovic treated his appeal as timely because it was filed within 30 days of denial of reconsideration | National Collegiate likely argued the appeal period ran from the June 7 order | Appeal period not tolled by an unsuccessful motion for reconsideration; appeal from June 7 order was untimely (court noted but proceeded on assumption of jurisdiction) |
| Compliance with Pa. R.A.P. 1925(b) | Becirovic did not file a concise statement despite court orders; argued merits in filings | National Collegiate relied on waiver for failure to file 1925(b) statement | Failure to file 1925(b) statement after court orders resulted in automatic waiver of all issues; appeal quashed |
| Reviewability of denial of reconsideration | Becirovic relied on denial date to support timeliness | National Collegiate cited precedent that denial of reconsideration is not independently appealable | Denial of reconsideration is not a separately appealable order; appeal must be from underlying final order |
| Appellate jurisdiction | Becirovic implicitly asserted appealability | National Collegiate did not contest jurisdiction on appeal | Court invoked Section 704 and precedent to assume/perfect jurisdiction for decision, but nevertheless quashed on waiver grounds |
Key Cases Cited
- In re Merrick's Estate, 247 A.2d 786 (Pa. 1968) (denial of reconsideration not independently reviewable; motion for reconsideration does not toll appeal period)
- Commonwealth v. Lord, 719 A.2d 306 (Pa. 1998) (mandatory compliance with Pa. R.A.P. 1925(b) to preserve appellate issues)
- Commonwealth v. Butler, 812 A.2d 631 (Pa. 2002) (waiver under Rule 1925 is automatic)
- Oak Tree Condominium Ass'n v. Greene, 133 A.3d 113 (Pa. Cmwlth. 2016) (motion for reconsideration does not toll the appeal period unless court expressly grants tolling)