Lawton v. Komar

31 Pa. D. & C.5th 52
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedJune 6, 2013
DocketNo. 01330
StatusPublished

This text of 31 Pa. D. & C.5th 52 (Lawton v. Komar) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lawton v. Komar, 31 Pa. D. & C.5th 52 (Pa. Super. Ct. 2013).

Opinion

TUCKER, /.,

I. Procedural History

This matter comes before the court on the denial of an “emergency” motion for equitable relief. On January 9, 2013, Christopher Lawton (hereinafter referred to as “appellant”) filed an emergency motion for equitable relief. Miscellaneous mot. (01/09/2013). NPG Venture Six Limited Partnership, NPG Land Management, LLC, National Properties Group, Inc. and Yevgeny Komar [54]*54(hereinafter referred to collectively as “appellees”) filed an answer to appellant’s emergency motion on January 31, 2013. Ans. filed (01/31/2013). The court denied appellant’s emergency motion for equitable relief on April 10, 2013, order entered by J. Tucker (04/10/2013). Appellant filed an appeal of the court’s denial of his petition for equitable relief the next day on April 11,2013. Appeal to Superior Court (04/11/2013). The docket reflects that appellant sought to appeal other orders of this court and other courts of coordinate jurisdiction in the same April 11, 2013 appeal. Id. On April 16, 2013, the court ordered appellant to file a concise statement of matters complained of on appeal pursuant to Pa.R.A.P. 1925(b). order entered by J. Tucker (04/10/2013). Appellant filed his 1925(b) statement; however, due to the lengthiness of the statement, the court will not reproduce the statement as per its usual custom. 1925(b) statement (05/06/2013).

II. Facts

On September 12, 2012, appellant filed a complaint against appellees and James Patton alleging fraud, misrepresentation, conversion, breach of fiduciary duty, breach of contract, unjust enrichment, negligence and gross negligence, rescission of contract, unconscionability, a request to pierce the corporate veil, partition, and various equitable remedies related to a partnership formed for the purpose of developing real estate in the city of Philadelphia. Compl. filed (09/12/2012).

The underlying issues in this matter are as follows: appellees are individuals and/or corporations residing/ [55]*55incorporated in New York, Pennsylvania and Florida. Compl. filed (09/12/2012). Appellant is an individual residing in Connecticut. Id. In May 2006, appellant entered into a partnership agreement for the purpose of investing in real estate with appellee National Properties Group, Inc. (hereinafter referred to separately as “Appellee NPG” or “NPG”). Id. The resultant partnership is known as NPG Venture Six Limited Partnership (hereinafter referred to separately as “Appellee NPG V6” or “NPG V6”). Appellee Yevgeny Komar (hereinafter referred to separately as “Appellee Komar”) is the president of both Appellee NPG and NPG Land Management LLC (hereinafter referred to separately as “Appellee Land Management” or “Land Management”). Id. Appellant is a limited partner in the NPG V6 partnership. Id. NPG is a limited partner in the NPG V6 partnership. Id. Appellant Patton served in a sales capacity for the partnership. Id.

Appellant claims that, due to appellees’ mismanagement and fraudulent behavior, he has lost his investment in the NPG V6 partnership. Compl. filed (09/12/2012). Therefore, appellant seeks special, general and punitive damages, as well as attorney’s fees, cost and interest. Id. Appellant also seeks various forms of equitable relief. Id. On January 9, 2013, appellant filed the instant miscellaneous motion for emergency equitable relief. Miscellaneous Motion (09/01/2013). On January 28, 2013, appellees filed preliminary objections to appellant’s complaint. Prelim, obj. (01/28/2013).

On March 12, 2013, another court entered an order [56]*56sustaining appellees’ preliminary objections without prejudice “to be pursued in arbitration before the American Arbitration Association pursuant to the contract between the parties.” order entered by J. Ceisler (03/12/2013). On April 10,2013, this court denied appellant’s miscellaneous motion for equitable relief, wherein appellant requested that the court “intervene and balance the equities, by restoring the status quo and returning plaintiff to his pre-investment position by: rescinding the partnership agreement; declaring title to the remaining property in plaintiff’s name; and by awarding attorneys fees,” among other relief. Miscellaneous motion (09/01/2013).

On April 11, 2013, appellant filed an appeal of two orders entered by other courts in this matter docketed February 2,2012 and March 12,2013 respectively. Appeal to Superior Court (04/11/2013). Although this court will not address the merits of orders entered by courts of coordinate jurisdiction, this court will note that appeals of these orders are untimely pursuant to the Pennsylvania Rules of Appellate Procedure. Nevertheless, appellant filed a timely appeal of this court’s April 10, 2013 denial of his miscellaneous motion for emergency equitable Relief. Id. A discussion ensues:

III. Legal Analysis of Appellant’s Claims

1. Appellant failed to comply with Pa.R.A.P. 1925(b); therefore all claims on appeal are waived.

It is well settled that when the trial court orders an appellant to submit a 1925(b) statement, it is a crucial [57]*57component of the appellate process. Commonwealth v. Lord, 553 Pa. 415, 417 (1998). Pa.R.A.P. 1925(b) requires that the statement of issues complained of shall be concise and set forth only those rulings or errors that appellant intends to challenge. Pa.R.A.P. 1925(b)(4)(i). Issues not raised in accordance with the provisions of Pa.R.A.P. 1925(b) are waived. Pa.R.A.P. 1925(b)(4)(vii). The issues raised in the 1925(b) statement must be “non-redundant” and “non-frivolous.” Pa.R.A.P. 1925(b)(4) (iv). Here, appellants submitted a nine (9) page 1925(b) Statement essentially restating the claims brought in his original complaint and emergency motion for equitable relief. 1925(b) statement (05/06/2013). Of the issues that even remotely relate to dispositions made by this court, appellant claims that appellee Lawton is a convicted felon and that the arbitration process is not adequate relief because it’s “shrouded in fraud.” Id. Appellants’ claims are redundant and frivolous. The balance of appellant’s 1925(b) statement focuses on rulings of the previous courts, which, as discussed below, are either waived or are non-appealable interlocutory orders. Therefore, appellant’s claims on appeal are waived.

2. Appellant did not timely file his appeals pursuant to the Pennsylvania Rules of Appellate Procedure.

It is well settled that an “appeal shall be taken by filing a notice of appeal with the clerk of the lower court within the time allowed by Rule 903.” Pa.R.A.P. 902. An appeal must be filed within thirty (30) days after the entry of the order from which the appeal is taken. Pa.R.A.P. 903.

[58]*58Here, the docket reflects that appellant seeks appellate review of orders entered in this matter on February 8,2013 and March 8,2013. Appeal to Superior Court (04/11/2013). Notwithstanding that these orders were entered by other courts, they are untimely filed. Pa.R.A.P. 903. Therefore, appellant’s issues on appeal are waived.

3. The court did not err in denying appellants’ emergency motions for Equitable Relief

The court did not err in denying appellant’s motion for emergency equitable relief. Pursuant to Pa.R. CP.

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Related

Commonwealth v. Lord
719 A.2d 306 (Supreme Court of Pennsylvania, 1998)
Commonwealth v. Starr
664 A.2d 1326 (Supreme Court of Pennsylvania, 1995)
Maritrans GP Inc. v. Pepper, Hamilton & Scheetz
602 A.2d 1277 (Supreme Court of Pennsylvania, 1992)

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Bluebook (online)
31 Pa. D. & C.5th 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawton-v-komar-pactcomplphilad-2013.