J-S11043-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
HOTEL FURNITURE LIQUIDATORS OF IN THE SUPERIOR COURT OF
PHILADELPHIA, INC. PENNSYLVANIA
v.
CASTOR AVENUE PROPERTIES, LLC
Appellant No. 2075 EDA 2015
Appeal from the Order Entered May 27, 2015
In the Court of Common Pleas of Philadelphia County
Civil Division at No(s): December Term, 2014, No. 00855
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HOTEL FURNITURE LIQUIDATORS OF IN THE SUPERIOR COURT OF
PHILADELPHIA, INC. PENNSYLVANIA
v.
CASTOR AVENUE PROPERTIES, LLC
Appellant No. 2377 EDA 2015
Appeal from the Judgment Entered June 26, 2015
In the Court of Common Pleas of Philadelphia County
Civil Division at No(s): December Term, 2014, No. 00855
BEFORE: FORD ELLIOTT, P.J.E., OTT, J., and MUSMANNO, J.
CONCURRING AND DISSENTING STATEMENT BY OTT, J.:FILED APRIL 29, 2016
While I join in the decision of the Majority that rejected the argument
of Castor Avenue Properties, LLC (“Castor”) that the trial court erred in
denying its Petition to Open Default Judgment, I write separately to express
J-S11043-16
my view that Castor waived its argument that the trial court erred as a
matter of law in assessing damages against Castor. In my view, because
Castor failed to file a motion for post-trial relief as required by Pennsylvania
Rule of Civil Procedure 227.1 following the assessment of damages hearing,
this Court should not address the damages issue on the merits. Therefore, I
would adopt the trial court’s discussion regarding waiver as dispositive of
this issue. See Trial Court Opinion, 8/28/2015, at 7–8.
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