In Re: Estate of Lewis, M. Appeal of: Lewis, R. ( 2018 )


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  • J-A13009-18
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    IN RE: ESTATE OF MARY AGNES              :    IN THE SUPERIOR COURT OF
    LEWIS A/K/A MARY A. LEWIS,               :         PENNSYLVANIA
    DECEASED                                 :
    :
    :
    APPEAL OF: RICHARD T. LEWIS              :
    :
    :
    :    No. 1192 WDA 2017
    Appeal from the Order July 24, 2017
    In the Court of Common Pleas of Allegheny County
    Orphans' Court at No(s): No. 02-15-00342
    BEFORE: OLSON, J., DUBOW, J., and MUSMANNO, J.
    JUDGMENT ORDER BY OLSON, J.:                             FILED MAY 16, 2018
    Appellant, Richard T. Lewis, appeals pro se from the order entered on
    July 24, 2017. We quash in part and affirm in part.
    As our disposition is based solely on the procedural posture of this case,
    we decline to set forth the factual background. On January 16, 2015, letters
    testamentary were granted to Lyndarnell Lewis (“Executrix”) after the death
    of her mother Mary A. Lewis (“Decedent”).           Appellant, Decedent’s son,
    objected to the probate of Decedent’s will. On January 7, 2016, the trial court
    dismissed Appellant’s petition challenging the probate of the will, granted
    Executrix possession of Decedent’s former residence, and ordered Appellant
    to vacate the residence within 30 days.       Appellant filed a timely notice of
    appeal.   This Court quashed the appeal for failure to comply with briefing
    J-A13009-18
    requirements. In re Estate of Lewis, 
    159 A.3d 40
    , 
    2016 WL 5922638
    (Pa.
    Super. 2016) (unpublished judgment order).
    Appellant failed to comply with the January 7, 2016 order to vacate the
    residence.   Thus, Executrix petitioned to evict Appellant from Decedent’s
    former residence. On July 24, 2017, the trial court authorized the Allegheny
    County Sheriff to evict Appellant if he did not vacate Decedent’s former
    residence within 20 days. Appellant filed the instant appeal. The trial court
    ordered Appellant to file a concise statement of errors complained of on appeal
    (“concise statement”).   See Pa.R.A.P. 1925(b). Appellant filed his concise
    statement on September 8, 2017.
    Appellant presents two issues for our review:
    1. Whether Appellant was denied a full and fair hearing and
    disposition of the case on the merits based upon well-
    established legal principles and precedents, in violation of the
    due process clause[s] of the Pennsylvania and United States
    constitutions – through procedural manipulation and
    shenanigans of counsel?
    2. Whether the [trial] court violated Appellant’s right to due
    process of law by arbitrarily issuing an order and by refusing
    to allow Appellant to present a petition to the court?
    Appellant’s Brief at vii (complete capitalization removed).
    In his first issue, Appellant challenges the trial court’s January 7, 2016
    order.   That order was a final order under Pennsylvania Rule of Appellate
    Procedure 341(a). Therefore, any appeal from that order had to be filed within
    30 days. See Pa.R.A.P. 903(a). Appellant filed the instant notice of appeal
    over 17 months after that 30-day time period expired. Accordingly, we lack
    -2-
    J-A13009-18
    jurisdiction to consider the merits of Appellant’s first issue and quash that
    portion of this appeal. See Commonwealth v. Duffy, 
    143 A.3d 940
    , 944
    (Pa. Super. 2016).
    In his second issue, Appellant argues that the trial court violated his
    right to due process of law. This argument is waived as Appellant failed to
    include it in his concise statement.      See Pa.R.A.P. 1925(b)(4)(vii).     As
    Appellant waived the only issue over which we have jurisdiction, we affirm the
    trial court’s July 24, 2017 order.
    Appeal quashed in part. Order affirmed. Jurisdiction relinquished.
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 5/16/2018
    -3-
    

Document Info

Docket Number: 1192 WDA 2017

Filed Date: 5/16/2018

Precedential Status: Precedential

Modified Date: 5/16/2018