Hotel Furniture Liq. v. Castor Avenue Prop.

• Court: Superior Court of Pennsylvania
• Decided: April 29, 2016
• Docket: 2075 EDA 2015
• Status: Unpublished

Opinion

J-S11043-16

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

HOTEL FURNITURE LIQUIDATORS OF IN THE SUPERIOR COURT OF PHILADELPHIA, INC. PENNSYLVANIA

v.

CASTOR AVENUE PROPERTIES, LLC

Appellant No. 2075 EDA 2015

Appeal from the Order Entered May 27, 2015 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): December Term, 2014, No. 00855 -------------------------------------------------------------------------------------

HOTEL FURNITURE LIQUIDATORS OF IN THE SUPERIOR COURT OF PHILADELPHIA, INC. PENNSYLVANIA

Appellant No. 2377 EDA 2015

Appeal from the Judgment Entered June 26, 2015 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): December Term, 2014, No. 00855

BEFORE: FORD ELLIOTT, P.J.E., OTT, J., and MUSMANNO, J.

CONCURRING AND DISSENTING STATEMENT BY OTT, J.:FILED APRIL 29, 2016

While I join in the decision of the Majority that rejected the argument

of Castor Avenue Properties, LLC (“Castor”) that the trial court erred in

denying its Petition to Open Default Judgment, I write separately to express J-S11043-16

my view that Castor waived its argument that the trial court erred as a

matter of law in assessing damages against Castor. In my view, because

Castor failed to file a motion for post-trial relief as required by Pennsylvania

Rule of Civil Procedure 227.1 following the assessment of damages hearing,

this Court should not address the damages issue on the merits. Therefore, I

would adopt the trial court’s discussion regarding waiver as dispositive of

this issue. See Trial Court Opinion, 8/28/2015, at 7–8.

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