J. A03036/17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
MVR, LLC : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
EMEKA K. OGUEJIOFOR, :
:
Appellant : No. 430 MDA 2016
Appeal from the Order Entered February 19, 2016
In the Court of Common Pleas of Cumberland County
Civil Division at No(s): 2014-2075
BEFORE: LAZARUS, J., STABILE, J., and DUBOW, J.
JUDGMENT ORDER BY DUBOW, J.: FILED JANUARY 04, 2017
Appellant, Emeka K. Oguejiofor, appeals pro se from the Judgment
entered in the Cumberland County Court of Common Pleas in favor of
Appellee, MVR, LLC, following a non-jury trial. We dismiss this appeal.
The facts are not relevant to our disposition. Instantly, we recognize:
[A]ppellate briefs and reproduced records must materially
conform to the requirements of the Pennsylvania Rules of
Appellate Procedure. This Court may quash or dismiss an
appeal if the appellant fails to conform to the requirements
set forth in the Pennsylvania Rules of Appellate Procedure.
Commonwealth v. Adams, 882 A.2d 496, 497 (Pa. Super. 2005) (citations
omitted).
Our Pennsylvania Rules of Appellate Procedure and our case law lay
out the well-established requirements for preserving a claim for appellate
review. This Court will address only those issues properly presented and
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developed in an appellant’s brief as required by our rules of appellate
procedure, Pa.R.A.P. 2101-2119. “Appellate arguments which fail to adhere
to these rules may be considered waived, and arguments which are not
appropriately developed are waived.” Karn v. Quick & Reilly Inc, 912
A.2d 329, 336 (Pa. Super. 2006). See also Pa.R.A.P. 2111-2119
(discussing required content of appellate briefs and addressing specific
requirements of each subsection of brief on appeal). Thus, issues which are
not developed in the brief’s argument section will be deemed waived.
Harkins v. Calumet Realty Co., 614 A.2d 699, 703 (Pa. Super. 1992).
To properly develop an issue for our review, Appellant bears the
burden of ensuring that his argument section includes citations of pertinent
authorities as well as discussion and analysis of the authorities. See
Pa.R.A.P. 2119(a); Commonwealth v. Hardy, 918 A.2d 766, 771 (Pa.
Super. 2007) (“[I]t is an appellant’s duty to present arguments that are
sufficiently developed for our review. The brief must support the claims with
pertinent discussion, with references to the record and with citations to legal
authorities.” (citations omitted)). Where an Appellant’s argument rests on
evidence in the record, he must make appropriate references to the record
in his argument. Commonwealth v. Franklin, 823 A.2d 906, 910 (Pa.
Super. 2003). An appellant’s pro se status does not relieve him of the
obligation to follow the Rules of Appellate Procedure. Jiricko v. Geico Ins.
Co., 947 A.2d 206, 213 n.11 (Pa. Super. 2008). As this Court has made
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clear, we “will not act as counsel and will not develop arguments on behalf of
an appellant.” Hardy, 918 A.2d at 771. Where defects in a brief “impede
our ability to conduct meaningful appellate review, we may dismiss the
appeal entirely or find certain issues to be waived.” Id.
Appellant’s Brief is woefully inadequate. It does not contain a
statement of jurisdiction; a statement of the scope and standard of review;
a statement of questions involved meeting the requirements of Pa.R.A.P.
2116; a summary of the argument; a copy of Appellant’s Pa.R.A.P. 1925(b)
Statement; the trial court’s Order; or the trial court’s Pa.R.A.P. 1925(a)
Opinion. See Pa.R.A.P. 2111(a)(1), (3), (4), (6), (10), (11), and (b).
Most significantly, although Appellant’s Brief contains a section titled
“Argument,” there is no substantive argument therein. See Appellant’s Brief
at 2-4. Instead, Appellant merely repeats the same bald allegations of error
contained in his Pa.R.A.P. 1925(b) Statement, expanded to include
additional allegations not raised in his 1925(b) Statement. In its five-page
entirety, Appellant’s Brief is devoid of a single reference to the record or
citation of legal authority.
These substantial omissions preclude meaningful review. Accordingly,
we suppress Appellant’s Brief and dismiss his appeal. See Adams, supra;
Pa.R.A.P. 2101.
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Appeal dismissed. Case is stricken from the argument list.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 1/4/2017
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