Sagamore Hills Homeowners Association v. Michelle Whitney and Kevin Ferrara

Summary

The Commonwealth Court of Pennsylvania dismissed an appeal by Michelle Whitney and Kevin Ferrara from a judgment in favor of Sagamore Hills Homeowners Association for unpaid fees. The court held that the homeowners waived all appellate issues by failing to timely file a Pa.R.A.P. 1925(b) statement and that counsel’s calendaring error did not establish extraordinary circumstances or good cause for nunc pro tunc relief.

Holdings

1. Issues not raised in a timely filed Rule 1925(b) statement are waived on appeal under Pennsylvania's strict-compliance rule.
2. A trial court's supplemental Rule 1925(a) opinion addressing the merits does not cure waiver resulting from an untimely Rule 1925(b) statement unless the court expressly accepts the statement nunc pro tunc or as timely.
3. Counsel's failure to properly calendar the Rule 1925(b) deadline is attributable to counsel and does not constitute extraordinary circumstances or good cause warranting nunc pro tunc filing or appellate remand.

Questions Presented

1. Whether the homeowners waived all issues on appeal by failing to file a timely Rule 1925(b) statement.
2. Whether the trial court's supplemental Rule 1925(a) opinion accepted the untimely Rule 1925(b) statement or otherwise cured the waiver.
3. Whether counsel's incorrect calendaring of the Rule 1925(b) order constituted extraordinary circumstances or good cause for nunc pro tunc relief or an appellate remand.

Disposition

dismissed