Section 2591. Proceedings on Remand

(a) General rule.—On remand of the record the court or other government unit below shall proceed in accordance with the judgment or other order of the appellate court and, except as otherwise provided in such order, Rule 1701(a) (effect of appeals generally) shall no longer be applicable to the matter.

(b) Enforcement of appellate court orders.—At any time, upon its own motion or upon application, an appellate court may issue any appropriate order requiring obedience to or otherwise enforcing its judgment or other order.

Official Note

42 Pa.C.S. § 707 (lien of judgments for money) provides that any judgment or other order of the Supreme Court, the Superior Court or the Commonwealth Court for the payment of money shall not be a lien upon real property in any county until it is entered of record in the office of the clerk of the court of common pleas of the county where the property is situated, or in the office of the clerk of the branch of the court of common pleas embracing such county, in the same manner as a judgment transferred from the court of common pleas of another county.

42 Pa.C.S. § 5105(f) (effect of reversal or modification) provides that the reversal or modification of any order of a court in a matter in which the court has jurisdiction of the sale, mortgage, exchange or conveyance of real or personal property shall not divest any estate or interest acquired thereunder by a person not a party to the appeal. See also 20 Pa.C.S. § 793 (effect of appeal), which is expressly saved from repeal by Section 2(i) of the Judiciary Act Repealer Act (42 P. S. § 20002(i)).

The provisions of this Rule 2591 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802. Immediately preceding text appears at serial page (27978).