J-A29044-18
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
HILDA CID : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
:
:
v. :
:
:
ERIE INSURANCE GROUP A/K/A ERIE : No. 853 EDA 2018
INSURANCE EXCHANGE A/K/A ERIE :
INSURANCE COMPANY :
Appeal from the Order Entered February 6, 2018
In the Court of Common Pleas of Philadelphia County Civil Division at
No(s): 1874 June Term 2015
BEFORE: OTT, J., DUBOW, J., and STEVENS*, P.J.E.
JUDGMENT ORDER BY STEVENS, P.J.E.: FILED NOVEMBER 27, 2018
Appellant, Hilda Cid, appeals from the order entered in the Court of
Common Pleas of Philadelphia County granting Appellee’s Motion for Summary
Judgment and dismissing all of Appellant’s insurance-related claims arising
from two separate motor vehicle accidents in which she was involved. The
trial court, in its Pa.R.A.P. 1925(a) opinion, concludes Appellant has waived
appellate review of her claims because she failed to comply with the court’s
order to file a concise statement of errors complained of on appeal pursuant
to Pa.R.A.P. 1925(b). After careful review, we agree and, therefore, affirm.
We need not provide a detailed account of the underlying facts and
procedural history pertaining to Appellant’s claims against Appellee since our
disposition relies exclusively on matters of issue preservation as governed by
Rule 1925. See Commonwealth v. Lord, 719 A.2d 306, 309 (Pa. 1998)
____________________________________
* Former Justice specially assigned to the Superior Court.
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(“[F]rom this date forward ... [a]ppellants must comply whenever the trial
court orders them to file a Statement of [Errors] Complained of on Appeal
pursuant to Rule 1925. Any issues not raised in a 1925(b) statement will be
deemed waived.”); see also Pa.R.A.P. 1925(b)(4)(vii). Suffice it to note that,
on February 6, 2018, the trial court ordered and decreed Appellee’s motion
for summary judgment granted, such that any claims arising out of Appellant’s
underlying motor vehicle accident were dismissed with prejudice. On March
8, 2018, Appellant filed her timely notice of appeal to this Court.
On March 9, 2018, the trial court, pursuant to Rule 1925(b), ordered
Appellant to file of record and serve upon the judge a concise statement of
errors complained of on appeal within 21 days of the date of the order. Trial
Court Order, filed 3/9/18. C.R.#45; D.S.#45. The order warned, “[f]ailure to
comply with this directive may be deemed a waiver of all issues for appellate
review. See Lineberger v. Wyeth, 894 A.2d 141, 148-49 (Pa.Super. 2006)
(reiterating that ‘appellant’s failure to include an issue in his . . . 1925(b)
statement waives that issue for purposes of appellate review[.]’).” Trial Court
Order. A notation appears on the order and on the certified docket that the
Prothonotary provided notice of the court's order to the parties on March 9,
2018. Thus, the court's order complied with the technical requirements of
Rule 1925(b). See Pa.R.A.P. 1925(b).
It is undisputed that Appellant failed to file the court-ordered Rule
1925(b) statement. In a civil case, an appellate court may remand for the
filing nunc pro tunc of a Rule 1925(b) statement “[u]pon application of the
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appellant and for good cause shown[.]” Pa.R.A.P. 1925(c)(2); Greater Erie
Indus. Development Corp. v. Presque Isle Downs, Inc., 88 A.3d 222,
226 n.7 (Pa.Super. 2014) (en banc). Appellant, however, has neither filed an
application for remand to allow for a statement nunc pro tunc nor
demonstrated “good cause” for filing no statement. Under these
circumstances, therefore, automatic waiver of the issues raised on appeal is
the appropriate result. See Presque Isle, 88 A.3d at 224.
Because Appellant failed to file a court-ordered Rule 1925(b) statement,
she has waived merits review of all her claims. Ordinarily, when appellate
issues are waived for review, the court's order is affirmed. See In re K.L.S.,
934 A.2d 1244, 1246 n.3 (Pa. 2007) (noting when appellant has waived issues
on appeal, appellate court can affirm trial court's decision). Accordingly, we
affirm the order entered below.
Order affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 11/27/18
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