Failure to Appear • Continuance
Nasser v. Bureau of Admin. Adjudication, PICS Case No. 14-0162 (C.P. Philadelphia Jan. 27, 2014) Ceisler, J. (4 pages).
Court properly dismissed appeal where appellant failed to appear for scheduled hearing and did not request continuance. Appeal should be denied.
Appellant contested three parking tickets before bureau and was held liable on all three. Bureau affirmed at a second hearing.
Appellant appealed, but failed to appear in the court of common pleas on the scheduled hearing date. Accordingly, the court dismissed the appeal for failure to appear without advance notice or approval by the court.
In its Rule 1925 statement, the court requested that the Commonwealth Court deny the appeal. The court did not err in dismissing the appeal when appellant failed to appear. The court was never presented with a continuance request, formal or otherwise, nor did the case docket reflect that a continuance request was ever filed. In fact, until it received appellant’s statement of errors, the court was entirely unaware that appellant allegedly attempted to obtain a continuance. Appellant’s averment that he moved for continuance by motion one day before the hearing is not substantiated by any evidence. At no point did appellant state that his alleged motion was ever granted. Simply put, appellant chose not to appear at the scheduled hearing even though he never received any indication that his continuance request had been granted or, for that matter, that it had been received by the court.