Ryan v. Johnson

LARSEN, Justice,

dissenting.

I dissent.

Superior Court and the trial court herein correctly recognized, as would any first year law student, that it is not for the court to speculate as to the issues a litigant desires to preserve for appellate review. If the litigant does not know upon what grounds the appeal is to be taken, that litigant is acting in bad faith, should not be taking an appeal, and is subject to disciplinary action. The judge is not taking the appeal, and judges are only required to write an opinion if there is an appeal.

By failing to file the clear and concise statement of matters complained of on appeal, as ordered by the trial court pursuant to Pa.R.A.P. Rule 1925(b), appellant, Susan L. Johnson, waived all objections to the order complained of. It is interesting to note that after the trial court recommended dismissal of the appeal because of appellant’s violation of Rule 1925(b), appellant was somehow mystically able to divine her grounds for appeal. To suggest that appellant did not know the basis for the trial court’s order before the *562trial court recommended the dismissal is to engage in the exercise of pure sophistry.

Accordingly, I would affirm the order of Superior Court which dismissed the appeal.

PAPADAKOS, J., joins in this dissenting opinion.