Newman Development Group of Pottstown v. Genuardi's Family Markets (majority)
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This appeal presented a discrete issue of post-trial procedure governed by Rule 227.1 of the Pennsylvania Rules of Civil Procedure, which requires a party to file posttrial motions with the trial judge within ten days of certain enumerated events, with the failure to so file resulting in the significant consequence of a waiver of issues on appeal. The specific question presented was whether a party must file post-trial motions in a remand scenario -- here, a circumstance where, on remand from the Superior Court, the trial court recalculated a damage award without receiving any additional evidence from the parties. The Superior Court quashed appellants' appeal from the trial court's recalculated damages order, holding that appellants had waived all claims by failing to
file a second round of post-trial motions. This implicated the question of whether a trial occurred on remand, thereby triggering the post-trial motion procedure contemplated by Rule 227.1. Upon review, the Supreme Court concluded that the panel erred in deeming appellants' claims to be waived for non-compliance with Rule 227.1. Accordingly, the Court vacated the quashal order below and remanded the case for consideration of the merits.
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