531 A.2d 559 | Pa. Commw. Ct. | 1987
Opinion ry
Appellant Paul I. Leasure appeals from a September 26, 1986 order of the Court of Common Pleas of West
Appellant was a police officer with the Borough of Trafford. On May 6, 1983, while off-duty he sustained serious injuries in a motorcycle accident. Based upon the resulting disability, the Council of the Borough of Trafford Council (Borough Council) decided to honorably discharge him. Appellant appealed to the Borough of Trafford Civil Service Commission (Borough Commission) which upheld the discharge. He then appealed to the trial court, in accordance with the provisions of Section 1190 of the Borough Code.
Because appellant has asked that we consider the merits of his claim and briefed the substantive issues, appellee also submitted a brief on the merits. However,
The main issue raised is whether the Pennsylvania Rules of Civil Procedure relating to post-trial procedure apply in situations in which the trial court- held a heáring de novo, heard extensive testimony and, generally, served as a fact finder rather than an “appellate” body reviewing an administrative agency record and order.
We believe the answer is no. This Court has held that statutory appeals are not automatically subject to the same post-trial procedures as civil actions governed by the Rules of Civil Procedure because nothing in the statute
§754. Disposition of appeal
(a) Incomplete record.—In the event a full and complete record of the proceedings before the local agency was not made, the court may hear the appeal de novo, or may remand the proceedings to the agency for the purpose of making a full and complete record or for further disposition in accordance with the order of the court.
(b) Complete record.—In the event a full and complete record of the proceedings before the local agency was made, the court shall hear the appeal without a jury on the record certified by the agency. After hearing the court shall affirm the adjudication unless it shall find that the adjudication is in violation of the constitutional rights of the appellant, or is not in accordance with law, or that the provisions of Subchapter B of Chapter 5 (relating to practice and procedure of local agencies) have been violated in the proceedings before the agency, or that any finding of fact made by the agency and necessary to support its adjudication is not supported by substantial evidence. If the adjudication is not affirmed, the court may enter any order authorized by 42 Pa. C. S. §706 (relating to disposition of appeals).
2 Pa. C. S. §754.
We affirm the trial courts order which dismissed appellants post-trial motions.
Order
Now, September 21, 1987, the order of September 10, 1986 of the Court of Common Pleas of Westmoreland County, at No. 3971 of 1985, is affirmed.
Act of February 1, 1966, P.L. No. 581, as amended, 53 P.S. §46191.
Rule 227.1. Post-Trial Relief
(a) After trial and upon the written Motion for Post-Trial Relief filed by any party, the court may
(1) order a new trial as to all or any of the issues; or
(2) direct the entry of judgment in favor of any party; or
(3) remove a nonsuit; or
(4) affirm, modify or change the decision or decree nisi; or
(5) enter any other appropriate order.
*459 (b) Post-trial relief may not be granted unless the grounds therefor,
(1) if then available, were raised in pre-trial proceedings or by motion, objection, point for charge, request for findings of fact or conclusions of law, offer of proof or other appropriate method at trial; and ■
Note: If no objection is made, error which could have been corrected in pre-trial proceedings or during trial by timely objection may not constitute a ground for post-trial relief.
(2) are specified in the motion. The motion shall state how the grounds were asserted in pre-trial proceedings or at trial. Grounds not specified are deemed waived unless leave is granted upon cause shown to specify additional grounds.
(c) Post-trial motions shall be. filed within ten days after
(1) verdict, discharge of the jury because of inability to agree, or nonsuit in the case of a jury trial or
(2) notice of nonsuit or the filing of the decision or adjudication in the case of a trial without jury or equity trial.
If a party has filed a timely post-trial motion, any other party may file a post-trial motion within ten days after the filing of the first post-trial motion.
(d) A motion for post-trial relief shall specify the relief requested and may request relief in the alternative. Separate reasons shall be set forth for each type of relief sought.
(e) If a new trial and the entry of judgment are sought in the alternative, the court shall dispose of both requests. If the court directs the entry of judgment, it shall also rule on the request for-a new trial by determining whether it should be granted if the judgment is there*460 after vacated or reversed, and shall specify the grounds for granting or denying the request for a new trial.
(f) The party filing a post-trial motion shall serve a copy promptly upon every other party to the action and deliver a copy to the trial judge.
The record indicates that appellants counsel, by way of letter addressed to counsel for the Borough of Trafford, had initially planned to preserve appellants rights under both Pa. R.C.P. 227.1 and 42 Pa. C. S. §762 governing appeals from the court of common pleas to this Court. She apparently decided not to appeal to this Court.
A notice of appeal must be timely filed within thirty days of the entry of the order from which the appeal is taken. (Pa. R.C.P. No. 903(a)).
Section 5103 of the Judicial Code, 42 Pa. C. S. §5103.
2 Pa. C. S. §§751-54.
We did rule that tlie Rules of Civil Procedure authorize the filing of exceptions in equity actions under Pa. R.C.P. Nos. 1517 and 1518, since repealed by the Supreme Court, when the requisites to an adjudication under Pa. R.C.P. No. 1517 were fulfilled. Pa. R.C.P. No. 1501 specifically provides, however, that actions in ■ equity shall be brought in accordance with the rules relating to civil actions. In this case, no such provision concerning statutory appeals appears in the Borough Code, the Local Agency Law or the Rules of Civil Procedure.