Arangio, C. v. Newton, H.

• Court: Superior Court of Pennsylvania
• Decided: April 8, 2024
• Docket: 2009 EDA 2023
• Status: Unpublished

Opinion

J-S06042-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

CHARLES ARANGIO : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : : v. : : : HENRY NEWTON AND HERSTER, : No. 2009 EDA 2023 NEWTON AND MURPHY :

Appeal from the Order Entered May 17, 2023 In the Court of Common Pleas of Northampton County Orphans' Court at No(s): C-48-CV-2022-08689

BEFORE: DUBOW, J., McLAUGHLIN, J., and SULLIVAN, J.

JUDGMENT ORDER BY SULLIVAN, J.: FILED APRIL 8, 2024

Charles Arangio (“Arangio”) appeals pro se1 from the order striking his

merit certification and dismissing his legal malpractice action. We dismiss the

appeal.

In December 2022, Arangio filed a fifteen-count legal malpractice

complaint against Attorney Henry Newton and the law firm of Herster, Newton

and Murphy (“Appellees”). See Complaint, 12/2/22, at 1-19 (unnumbered).

The complaint appears to stem from the approximately one-year period

Attorney Newton served as guardian for Arangio’s late mother. See id.

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1 Arangio claims to be a retired attorney. See Trial Court Opinion, 9/22/23, at 2, 3 and at n. 1. J-S06042-24

In March 2023, Arangio sought leave for an extension of time to file a

certificate of merit, as required for a professional malpractice action.2 See

Pa.R.Civ.P. 1042.3. The trial court directed Arangio to file a new motion,

which demonstrated good cause for his request for an extension and granted

him thirty days to file a certificate of merit which conformed to Pa.R.Civ.P.

1042.3.3 Arangio did not file a new motion but filed a purported certificate of

merit. See Merit Certification, 4/18/23, at 1-2. Appellees moved to strike

the certificate of merit and to dismiss the complaint. See Motion to Strike

Merit Certification and to Dismiss the Complaint, 5/17/23, at 1-4

(unnumbered). The trial court granted the request and the instant, timely

appeal followed.4

Before we can address the merits of Arangio’s issues, we must consider

whether the defects in his brief require dismissal of the appeal. Appellate

2 This Court notes with disapproval that, after the filing of the notice of appeal

in this matter, the trial court entered and granted Arangio’s motion to transfer this matter to Orphans’ Court. See Order of Court, 6/5/23, at 1-2 (unnumbered). Leaving aside whether the trial court had jurisdiction to act during the pendency of the instant appeal, the trial court’s action resulted in the co-mingling of documents from an on-going Orphans’ Court action with those from the instant malpractice action, making it all but impossible to locate many of the civil documents, including Arangio’s request for an extension of time. However, the parties appear to agree on the procedural history of this matter, so we will accept their assertion the document exists.

3 We are unable to locate this document in the certified record.

4 Arangio and the trial court complied with Pa.R.A.P. 1925.

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briefs must conform materially to the requirements of the Pennsylvania Rules

of Appellate Procedure, and this Court may dismiss an appeal if the defects in

the brief are substantial. See Pa.R.A.P. 2101 (providing that “if the defects

... in the brief ... are substantial, the appeal ... may be ... dismissed”); see

also Jiricko v. Geico Ins. Co., 947 A.2d 206, 213 n. 11 (Pa. Super. 2008)

(asserting although the Court liberally construes a pro se litigant’s filings, he

enjoys no special benefit and must comply with the requisite procedural rules).

This Court will not act as counsel and will not develop arguments on behalf of

an appellant. See Bombar v. West American Ins. Co., 932 A.2d 78, 94

(Pa. Super. 2007).

Arangio’s brief is substantially defective. It lacks a statement of

jurisdiction (see Pa.R.A.P. 2114), a statement of the order in question (see

Pa.R.A.P. 2115), a statement of both the scope of review and the standard of

review (see Pa.R.A.P. 2111(a)(3)), a statement of the questions involved

(see Pa.R.A.P. 2111(4)), a statement of the case (see Pa.R.A.P. 2117), and

a summary of argument (see Pa.R.A.P. 2118). Of even greater importance,

it lacks any references to, or discussion of, applicable legal standards,

statutes, or case law. See Pa.R.A.P. 2119(a) (providing the argument shall

be followed by the discussion and citation of pertinent authorities). Nor does

the brief direct this Court to the places in the record where the matters Arangio

refers to can be found. See Pa.R.A.P. 2119(c) (providing that where the

argument references evidence or other matter, it must set forth a reference

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to the place in the record where that matter may be found); Pa.R.A.P. 2119(d)

(providing where a finding of fact is argued, the argument must contain a

synopsis of all evidence on the point, with a reference to the place in the

record where the evidence may be found). We will not act as an appellant’s

counsel and develop his arguments. See Coulter v. Ramsden, 94 A.3d

1080, 1088-89 (Pa. Super. 2014).

Arangio’s failure to conform with our appellate rules leaves this Court

unable to meaningfully review the substance of his issues compelling the

dismissal of the appeal. See Pa.R.A.P. 2101.

Appeal dismissed.

Date: 4/8/2024

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