827 Proposed amendment to rule 341

Title 210--APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDURE

[210 PA. CODE CH. 3]

Proposed Amendment to Rule 341

[35 Pa.B. 2602]

   The Appellate Court Procedural Rules Committee proposes to amend Pennsylvania Rule of Appellate Procedure 341. The amendment is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court.

   Proposed new material is bold.

   All communications in reference to the proposed amendment should be sent no later than June 29, 2005 to:

Dean R. Phillips, Chief Counsel
Rebecca M. Darr, Deputy Counsel
Appellate Court Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, PA 17055
 
or Fax to
717-795-2116
 
or E-Mail to
[e-mail]

   An Explanatory Comment precedes the proposed amendment and has been inserted by this Committee for the convenience of the bench and bar. It will not constitute part of the rule nor will it be officially adopted or promulgated.

By the Appellate Court Procedural Rules Committee

HONORABLE JOSEPH A. HUDOCK,   
Chair

Annex A

TITLE 210. APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDURE

ARTICLE I. PRELIMINARY PROVISIONS

CHAPTER 3. ORDERS FROM WHICH
APPEALS MAY BE TAKEN

FINAL ORDERS

Rule 341. Final Orders; Generally.

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   (c)  Determination of Finality. When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim or when multiple parties are involved, the trial court or other governmental unit may enter a final order as to one or more but fewer than all of the claims and parties only upon an express determination that an immediate appeal would facilitate resolution of the entire case. Such an order becomes appealable when entered. In the absence of such a determination and entry of a final order, any order or other form of decision that adjudicates fewer than all the claims and parties shall not constitute a final order. In addition, the following conditions shall apply:

   (1)  The trial court or other governmental unit is required to act on an application for a determination of finality under subdivision (c) within 30 days of entry of the order. During the time an application for a determination of finality is pending, the action is stayed.

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Explanatory Comment--2005

   In a declaratory judgment action, an order based on a pre-trial motion or petition affirmatively or negatively declaring the rights and duties of the parties is considered a ''final order,'' as defined by statute, under subdivision (b)(2) of Rule 342. Nationwide Mut. Ins. Co. v. Wickett, 563 Pa. 595, 763 A.2d 813 (2000); 42 Pa.C.S. § 7532. An order in a declaratory judgment action sustaining a demurrer, and dismissing some, but not all, defendants is an example of such an order. This type of order does not meet subdivision (b)(1)'s requirement of ''finality'' that an order must dismiss all claims and all parties. It is nevertheless considered to be a ''final order,'' because the legislature has defined it as such, by statute, in the Declaratory Judgment Act. It is important to note, however, that following a trial in a declaratory judgment action, an aggrieved party must file post-trial motions as required by Pa.R.C.P. No. 227.1, in order to preserve issues for appeal. Motorists Mutual v. Pinkerton, 574 Pa. 333, 830 A.2d 958 (2003); Chalkey v. Roush, 569 Pa. 462, 805 A.2d 491 (2002).

[Pa.B. Doc. No. 05-827. Filed for public inspection April 29, 2005, 9:00 a.m.]