The matter of DeLage Landen Financial Services v. Rovner Allen, 85 Bucks Co. L. Rep. 983 (2012), reminds practitioners to be vigilant in protecting their clients’ appeal rights at the conclusion of trials.
In DeLage, the defendant, Rovner Allen, lost at trial and immediately appealed directly to the Pennsylvania Superior Court without filing any post-trial motions. The court ruled that a party that wishes to appeal an adverse decision must file post-trial motions in order to preserve the issues the party wishes to raise on appeal, otherwise the issues are waived. Indeed, the court indicated that failing to file a post-trial motion is fatal to an appeal and a mandatory prerequisite to filing an appeal.
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