Despite timely service to the trial judge, the untimely filing of a Rule 1925(b) statement of matters complained of on appeal results in a waiver of all issues.
The appellant timely filed a notice of appeal from the relevant trial court order. Per Pennsylvania Rule of Appellate Procedure 1925, the trial court ordered the appellant to “file and serve” a statement of matters complained of on appeal within 21 days. The appellant signed and served on the trial judge such a statement within the 21-day period, but did not file it with the trial court’s prothonotary until almost 30 days had run. The Superior Court concluded that all issues on appeal were waived for failure to timely serve and file the statement. Following the issuance of the Superior Court’s non-precedential memorandum, the panel granted the trial court’s request that the opinion be published as a precedential opinion. This opinion, even though it discusses something of a trend of late toward loosening the strictures of appellate waiver, nevertheless, is a harsh reminder that the best practice is to be a stickler for the rules.
Case Law Alert, 1st Quarter 2014