RCKA Investments v. Johnson – Pa. Su[er. 8-22-22 – precedential, reported
Philadelphia trial court improperly dismissed entire tenant appeal of judgment for money and possession based on tenant’s alleged violation of case management order, which only specified what tenant had to do to get supersedeas of judgment tor possession. The court agreed with tenant/appellant that “the only consequence of failing to deposit money into an escrow account is the risk of being evicted while the appeal is pending. Appellant concludes the court erroneously dismissed his appeal, and this Court should vacate the court’s order and remand for further proceedings in accordance with the Pennsylvania Rules of Civil Procedure.”
The court cited a similar case under a similar prior rule. See Morris v. Smith, 584 A. 2d 331, 332 (Pa. Super. 1990).
