Byard F. Brogan, Inc. v. Holmes Electric Protective Co.

460 A.2d 1093, 501 Pa. 234, 1983 Pa. LEXIS 559
CourtSupreme Court of Pennsylvania
DecidedMay 27, 1983
Docket1292, 1293, 1692
StatusPublished
Cited by63 cases

This text of 460 A.2d 1093 (Byard F. Brogan, Inc. v. Holmes Electric Protective Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Byard F. Brogan, Inc. v. Holmes Electric Protective Co., 460 A.2d 1093, 501 Pa. 234, 1983 Pa. LEXIS 559 (Pa. 1983).

Opinions

[236]*236OPINION

LARSEN, Justice.

On October 21, 1976, appellant, Byard F. Brogan, Inc. (Brogan) initiated a lawsuit in trespass and assumpsit against appellee, Holmes Electric Protection Company (Holmes). The action sought recovery of damages for a burglary loss at Brogan’s place of business in Glenside, Pennsylvania. The gravamen of appellant’s complaint is the malfunction of a burglary detection system installed by appellee which, it is alleged, caused Brogan to suffer losses in excess of $358,000.00.

On April 20, 1979, pursuant to Pennsylvania Rule of Civil Procedure No. 1035, appellee filed a motion for summary judgment on the grounds that, under the pleadings and applicable law, either Holmes was entitled to judgment on liability, or Brogan was entitled to judgment for the limited amount as set forth in a liability limitation provision of the admitted agreement between the parties. Contemporaneous with the filing of its motion for summary judgment, appellee filed a brief in support of its motion in the office of the local court administrator.

On May 22,1979, appellee’s motion for summary judgment was granted sua sponta solely because appellant Brogan failed to file a reply brief within 30 days from the date the appellee’s brief was filed with the court administrator as provided by Montgomery County Rule of Civil Procedure No. 302(d), as amended. On May 31, 1979, appellant filed a motion to vacate the May 22, 1979 order granting summary judgment in favor of appellee Holmes. Appellant’s motion was summarily denied on June 1, 1979. On June 21, 1979, Brogan filed a motion to open judgment. Again, this motion was refused by order dated June 22, 1979. The appellant then appealed to the Superior Court from the orders of May 22,1979 and June 1,1979 and the judgment entered on July 13, 1979. In a memorandum opinion, the Superior Court affirmed.1 We granted appellant’s petition for allowance of appeal.

[237]*237Appellant Brogan argues that Montgomery County Rule of Civil Procedure No. 302(d)2 is invalid in that it is inconsistent with the Pennsylvania Rules of Civil Procedure.3 At the time appellee filed its summary judgment motion, Rule 302(d) provided:

(d) Briefs required — In Interlocutory matters, 302(c)(1), briefs or memoranda of law may be submitted by counsel to the court administrator at any time prior to the day of argument or to the hearing judge at the time of argument. In Appealable matters, 302(c)(2), the moving party or parties shall file its brief within 30 days of the filing of the motion, petition or preliminary objection, and shall file the same by giving three copies of the brief to the court administrator’s office, who shall stamp the same received, and by serving concurrently therewith copies upon all other parties of record. The court administrator shall distribute to the judge or judges assigned to hear those matters, a copy of the said brief or briefs.
The responding party or parties, within 30 days of the filing and service of the moving party’s brief, shall likewise file three copies of its brief with the court administrator’s office, who shall stamp the same received, and shall serve concurrently therewith copies upon all other parties of record. The court administrator shall distribute to the judge or judges assigned to hear those matters, a copy of said brief or briefs.
If the briefs of either the moving party or responding party are not timely filed within the period above stated, unless the time shall be extended prior thereto by the court for good cause and reason shown, the court administrator shall notify the court, and the court shall, without further notice, mark the motion, petition or preliminary objection granted or dismissed, depending upon which party does not comply with the brief filing requirements [238]*238of this rule. If neither party complies, the court, at the time of argument and upon notification of joint noncompliance, shall impose whatever sanction it deems appropriate. In the case of multiple parties, the relief shall be granted or the action dismissed as appropriate to the position of the non-filing party or parties. The court administrator shall notify the judge or judges to whom the argument has been assigned. There can be no extension of the time for the filing of briefs by agreement of counsel.4 (Emphasis supplied).

[239]*239There is no doubt that the Montgomery County Court of Common Pleas has the right to make and promulgate local rules of procedure such as the one challenged here by the appellant.

Every court shall have power to issue, under its judicial seal, every lawful writ and process necessary or suitable for the exercise of its jurisdiction and for the enforcement of any order which it may make and all legal and equitable powers required for or incidental to the exercise of its jurisdiction, and, except as otherwise prescribed by general rules, every court shall have power to make such rules and orders of court as the interest of justice or the business of the court may require, (emphasis supplied). 1976, July 9, P.L. 586, No. 142, § 2, effective June 27, 1978, 42 Pa.C.S.A. § 323.

We deem the phrase, “except as otherwise prescribed by general rules” to mean that local court rules must be consistent with and shall not conflict with the Pennsylvania Rules of Civil Procedure.5 See: Gonzales v. Procaccio Bros. Trucking Co., 268 Pa.Super. 245, 407 A.2d 1338 (1979) (Allocatur denied).

Almost four decades ago this Court, speaking through Justice Horace Stern, said:

“Procedural Rules are not ends in themselves but means whereby justice, as expressed in legal principles, is administered. They are not to be exalted to the status of substantive objectives. It is for this reason that Pa.R.C.P. No. 126 . . . provides: ‘The rules shall be liberally con[240]*240strued to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable. The court at every state of any such action or proceeding may disregard any error or defect of procedure which does not affect the substantive rights of the parties.’ ”

McKay v. Beatty, 348 Pa. 286, 35 A.2d 264 (1944).

The language of the present-day Rule 126 is identical to that quoted in McKay v. Beatty, supra; and the vitality of the principle announced by Justice Stern remains undiminished.

The trial of a lawsuit is not a sporting event where the substantive legal issues which precipitated the action are subordinate to the “rules of the game.” A lawsuit is a judicial process calculated to resolve legal disputes in an orderly and fair.fashion. It is imperative that the fairness of the method by which the resolution is reached not be open to question.

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Bluebook (online)
460 A.2d 1093, 501 Pa. 234, 1983 Pa. LEXIS 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byard-f-brogan-inc-v-holmes-electric-protective-co-pa-1983.