APPELLATE LAW – CIVIL
Appellate Procedure • Trial Transcripts
Pham Vu v. Durnell, PICS Case No. 14-0275 (C.P. Philadelphia Jan. 23, 2014) Overton, J. (3 pages).
Where an appellant failed to pay for trial transcripts or provide notice of an issue in payment for trial transcripts, dismissal of appeal was warranted.
Plaintiff Ly Pham Vu appealed from the denial of his motion for new trial. However, although plaintiff submitted an order for the transcription of the notes of testimony, the certified court reporter notified the court that no payment had been received. The court ordered plaintiff to inform the court within 10 days as to whether the transcripts had been paid for. Although the plaintiff responded a week later that payment would be made by the end of the week, the court reporter confirmed that no payment had been made.
The court noted that, pursuant to Pa.R.A.P. 1911, it is the obligation of the appellant — in this case, plaintiff — to obtain trial transcripts for the purpose of appellate review. Although the court also noted that Rule 1911 does not provide for automatic dismissal of appeal, it found that, in this case, the plaintiff made seven allegations of error in their 1925(b) statement, all of which required review of the trial transcripts to determine whether they had been properly preserved and whether they had merit. Accordingly, because plaintiff failed to pay for the notes of testimony when ordered to by the court, or to give notice of any issue with payment, appellate review was impossible and warranted dismissal of plaintiff’s appeal.