K.S.R., Jr. v. A.M.F., K.M.F., & D.A.F. ( 2019 )

J-S65039-19
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
K.S.R., JR. : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
:
:
v. :
:
:
A.M.F., K.M.F., D.A.F. :
:
:
Appellee : No. 1169 MDA 2019
Appeal from the Order Entered June 20, 2019
In the Court of Common Pleas of Lackawanna County Civil Division at
No(s): 2018-FC-40561,
2018-FC-40707
BEFORE: PANELLA, P.J., KUNSELMAN, J., and COLINS, J.*
JUDGMENT ORDER BY COLINS, J.: FILED: DECEMBER 31, 2019
Appellant, K.S.R., Jr. (“Father”), appeals from the custody order dated
June 20, 2019. We quash this appeal.
On April 25, 2018, Father filed a petition for custody of his child, K.R.R.
(“Child”), at Docket Number 2018-FC-40561. On May 22, 2018, Child’s
mother and maternal grandparents -- Appellees A.M.F., K.M.F., and D.A.F. --
filed a petition for custody of Child at Docket Number 2018-FC-40707. On
February 15, 2019, the trial court consolidated both dockets. On June 20,
2019, the trial court entered a custody order listing both docket numbers in
the caption. On July 16, 2019, Father timely filed one notice of appeal listing
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* Retired Senior Judge assigned to the Superior Court.
J-S65039-19
both docket numbers. On August 19, 2019, this Court issued a rule to show
cause why this appeal should not be quashed. On August 27, 2019, Appellant
filed a response, acknowledging that he “filed one (1) Notice of Appeal to a
final Order reflecting two (2) docket numbers which were completely
consolidated without objection by the parties.” Memorandum In Opposition
To Quashal Of Appeal, 8/27/2019, at 3 (not paginated).
The Official Note to Rule 341 of the Pennsylvania Rules of
Appellate Procedure provides in relevant part:
Where . . . one or more orders resolves issues arising on
more than one docket or relating to more than one
judgment, separate notices of appeals must be filed.
Commonwealth v. C.M.K., 932 A.2d 111, 113 & n.3 (Pa.
Super. 2007) (quashing appeal taken by single notice of
appeal from order on remand for consideration under
Pa.R.Crim.P. 607 of two persons’ judgments of sentence).
Pa.R.A.P. 341, Official Note.
Until recently, it was common practice for courts of this
Commonwealth to allow appeals to proceed, even if they failed to
comply with Pa.R.A.P. 341.
While our Supreme Court recognized that the practice of
appealing multiple orders in a single appeal is discouraged
under Pa.R.A.P. 512 (joint appeals), it previously
determined that “appellate courts have not generally
quashed [such] appeals, provided that the issues involved
are nearly identical, no objection to the appeal has been
raised, and the period for appeal has expired.” K.H. v. J.R.,
826 A.2d 863, 870 (Pa. 2003) (citation omitted).
In the Interest of: P.S., 158 A.3d 643, 648 (Pa. Super. 2017)
(footnote omitted).
However, on June 1, 2018, our Supreme Court in
[Commonwealth v.] Walker[, 185 A.3d 969 (Pa. 2018),] held
that the practice violated Pennsylvania Rule of Appellate
Procedure 341, and the failure to file separate notices of appeal
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for separate dockets must result in quashal of the appeal. See
Walker, 185 A.3d at 977. The Court stated unequivocally: “The
Official Note to Rule 341 provides a bright-line mandatory
instruction to practitioners to file separate notices of appeal. . . .
The failure to do so requires the appellate court to quash the
appeal.” Id. at 976-77.
Because the mandate in the Official Note was contrary to “decades
of case law from this Court and the intermediate appellate courts,”
the Walker Court announced that its holding would apply
prospectively only. Id. at 977. Accordingly, Walker applies to
appeals filed after June 1, 2018, the date Walker was filed. Id.
* * *
2 We recognize the harsh - perhaps draconian - consequence
of quashing any appeal . . . However, our role as an
intermediate appellate court is clear. “It is not the
prerogative of an intermediate appellate court to enunciate
new precepts of law or to expand existing legal doctrines.
Such is a province reserved to the Supreme Court.” Moses
v. T.N.T. Red Star Exp., 725 A.2d 792, 801 (Pa. Super.
1999). It is well-settled that “the Superior Court is an error
correcting court and we are obliged to apply the decisional
law as determined by the Supreme Court of Pennsylvania.”
Commonwealth v. Montini, 712 A.2d 761, 769 (Pa.
Super. 1998).
In re M.P., 204 A.3d 976, 980-81 & n.2 (Pa. Super. 2019).
Instantly, Appellant filed a single notice of appeal from the order listing
two separate docket numbers. Appellant’s notice of appeal was filed on
July 16, 2019, which postdates the Walker decision. Consequently, Walker
compels quashal of the current appeal.
Appeal quashed.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/31/2019
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