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Holmes v. LBA Associates, Inc.

The application for an appeal nunc pro tunc was unnecessary and moot where neither party had entered judgment on the verdict of the lower court.

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J. A34021/00

� 1 This is an appeal from the order denying Appellants’ petition for an appeal nunc pro tunc. For the reasons that follow, we quash the appeal.

� 2 A non-jury trial was held from January 21, 1998, through January 27, 1998. There followed proceedings to augment the record, and on December 29, 1998, the trial court entered a verdict in favor of Appellee, who was the plaintiff below. Appellants, the defendants below, filed timely motions for post-trial relief pursuant to Pa.R.C.P. 227.1. By an order dated June 23, 1999, the trial court denied Appellants’ motions. The docket entry for that order reads, “ORDER OF COURT FILED. [APPELLANTS'] MOTION FOR POST-TRIAL RELIEF IS DENIED. HOGAN, J. 6/24/99 EXIT NOTICES AND COPIES.” Notwithstanding the notation that notices were sent, Appellants claim that neither they nor their counsel received notice of the order. They assert that counsel learned of the order on or about September 1, 1999, by reading about it in the Northampton County Reporter. On September 7, 1999, they filed a petition requesting permission to appeal nunc pro tunc. The trial court denied the request on December 27, 1999, on the ground that it was without jurisdiction to grant the request. This appeal followed.

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