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James Beck of Reed Smith. James Beck of Reed Smith.

Pennsylvania appellate practitioners recite like a mantra the necessity of filing post-trial motions prior to an appeal—and not without reason. Pa R. Civ. P. 227.1 requires that post-trial motions be filed within 10 days of the final decision to preserve issues for appeal. If an issue has not been raised in a post-trial motion, it is waived for appeal purposes, e.g., Lane Enterprises v. L.B. Foster, 710 A.2d 54, 54 (Pa. 1998). “Where the trial court has no post-trial motion to consider … the parties have not presented the trial court with issues to deal with in an opinion and waiver occurs,” as in Behar v. Frazier, 724 A.2d 943, 945 (Pa. Super. 1999).

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