Williston Township v. Main Line
Gardens, Inc., et al. – Supreme Court of Pa. – February 22, 2017
Held:
Pa.
R.C.P. 227.1(b)(2) concerning preservation of issues for appeal in a motion
for post-trial relief does not require the moving party to file a
supporting brief.
“Post-trial
motions serve an important function in the adjudicatory process because they
provide the trial court with an opportunity to correct errors in its ruling and
avert the need for appellate review. . . .In 1984, this Court adopted Rules
227.1 through 227.4 to establish uniform procedures for post-trial relief in
actions at law and equity, and actions tried with or without a jury. . . .
Rule 227.1 addresses waiver at the
trial court level, “as a matter of the trial court’s post-trial power.” . . .Rule 227.1(b)5 establishes that issues
not preserved either before or at trial, see Pa.R.C.P. 227.1(b)(1), or in
post-trial motions, see Pa.R.C.P. 227.1(b)(2), are waived. As this Court ruled
in Lane Enterprises, Inc. v. L.B. Foster Co., 710 A.2d 54 (Pa. 1998), Rule
227.1 “requires parties to file post-trial motions in order to preserve issues
for appeal,” and “[i]f an issue has not been raised in a post-trial motion, it
is waived for appeal purposes.” Id. at 54.
The Commonwealth Court erred in
ruling that Main Line waived the issues set forth in its post-trial motions for
failing to file briefs in support thereof. Main Line conformed with the
dictates of Rule 227.1 to preserve its issues for appeal by filing post-trial trial
motions that complied with Rule 227.1(b)(2). Main Line’s post-trial motions set
forth the requested grounds for relief and the theories in support thereof.
Importantly, Rule 227.1(b)(2) contains no
requirement that parties file briefs or present argument with respect to the
issues specified in the motion in order to preserve them for appeal.” [emphasis
in original].
