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Taxin v. Shoemaker

Motion to quash appeal as untimely granted; order in which trial court both denied post-trial motions and entered judgment was immediately appealable and, since appellant instead filed a praecipe for entry of judgment approximately one month later and then filed an appeal from resulting entry of judgment, appeal was untimely.

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OPINION

� 1 On February 28, 2002, Appellant filed a praecipe for entry of judgment on the jury verdict in favor of Appellee, and judgment was entered on the same date. Appellant then filed a notice of appeal on March 1, 2002. Appellee has filed a motion to quash this appeal as untimely.

� 2 On November 26, 2001, a jury trial resulted in a verdict in Appellee’s favor. Appellant filed a timely motion for post-trial relief, see Pa.R.C.P. 227.1, and on January 15, 2002, the trial court entered the following order: “AND NOW, this 15 th day of January, 2002, upon consideration of [Appellant's] Post-Trial Motion, all responses thereto, and oral argument before this Court; it is hereby ORDERED AND DECREED that the Post-Trial Motion is DENIED. JUDGMENT is entered in favor of [Appellee] and against [Appellant].” Appellant, however, did not file a notice of appeal from this order and, instead, filed a praecipe for entry of judgment on February 28, 2002.

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