Valent v. KNBT (memorandum)
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J-S18043-13 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 LORI A. VALENT, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant v. KNBT, Appellee No. 3094 EDA 2012 Appeal from the Order of October 8, 2012, in the Court of Common Pleas of Lehigh County, Civil Division at No. 2012-C-1074 BEFORE: STEVENS, P.J., WECHT and COLVILLE*, JJ. MEMORANDUM BY COLVILLE, J.: FILED MAY 30, 2013 This is an appeal from an order sustaining Appellee s preliminary objections and dismissing Appellant s amended complaint with prejudice. We affirm. Given the manner in which we dispose of this appeal, we only will briefly summarize the background underlying the matter. bank. Appellee is a Appellee employed Appellant but terminated her in November of 2010. Appellant filed a complaint, and later an amended complaint, against Appellee. The complaint contained one count entitled WRONGFUL DISCHARGE IN VIOLATION OF PUBLIC POLICY. ________________ *Retired Senior Judge assigned to the Superior Court. J-S18043-13 Appellee filed preliminary objections to the amended complaint. In its preliminary objections, Appellee contended that a demurrer was appropriate because Appellant failed to state a cause of action for wrongful discharge. After Appellant filed a response to the preliminary objections, the trial court sustained the objections and dismissed Appellant s amended complaint with prejudice. Appellant timely filed a notice of appeal. In her brief to this Court, Appellant asks us to consider one question, namely, Whether or not the Appellant s Amended Complaint sets forth a cause of action pursuant to the public policy exception to the at will employment rule? Appellant s Brief at 4. When reviewing a trial court's order sustaining preliminary objections in the nature of a demurrer and dismissing a suit, our scope of review is plenary. When reviewing an order granting preliminary objections in the nature of a demurrer, an appellate court applies the same standard employed by the trial court: all material facts set forth in the complaint as well as all inferences reasonably deducible therefrom are admitted as true for the purposes of review. The question presented by the demurrer is whether, on the facts averred, the law says with certainty that no recovery is possible. Where affirmance of the trial court's order sustaining preliminary objections would result in the dismissal of an action, we may do so only when the case is clear and free from doubt. To be clear and free from doubt that dismissal is appropriate, it must appear with certainty that the law would not permit recovery by the plaintiff upon the facts averred. Any doubt should be resolved by a refusal to sustain the objections. We review the trial court's decision for an abuse of discretion or an error of law. -2- J-S18043-13 DeMary v. Latrobe Printing and Pub. Co., 762 A.2d 758, 761 (Pa. Super. 2000) (citations and quotation marks omitted) (emphasis in original). The trial court issued a thorough opinion in support of its decision to sustain Appellee s preliminary objections and dismiss Appellant s amended complaint. Trial Court Opinion, 10/08/12. In her brief to this Court, Appellant does not address the court s opinion or directly cite any error in the court s analysis. See Commonwealth v. Wrecks, 931 A.2d 717, 722 (Pa. Super. 2007) ( An appellant also has the burden to convince us that there were errors and that relief is due because of those errors. ). Moreover, after a review of the parties briefs and the certified record, we can discern no error in the court s opinion. We, therefore, rely on that opinion in affirming the order sustaining Appellee s preliminary objections and dismissing Appellant s complaint. Order affirmed. Judgment Entered. Prothonotary Date: 5/30/2013 -3-
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