Warnick, J. v. All Saints Episcopal Church ( 2014 )

J-S65032-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
JEREMY WARNICK, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
ALL SAINTS EPISCOPAL CHURCH, REV.
CHARLES BENNISON, DIANE CAIRNS,
RICHARD CRAIG AND LINDA COLWELL,
Appellees No. 714 EDA 2014
Appeal from the Judgment Entered January 13, 2014
in the Court of Common Pleas of Philadelphia County
Civil Division at No.: 111201539
BEFORE: PANELLA, J., OLSON, J., and PLATT, J.*
MEMORANDUM BY PLATT, J.: FILED DECEMBER 11, 2014
Appellant, Jeremy Warnick, appeals from the judgment entered in
favor of Appellees, All Saints Episcopal Church, Rev. Charles Bennison, Diane
Cairns, Richard Craig, and Linda Colwell, and against Appellant on the basis
of the court’s grant of Appellees’ motion for summary judgment. We affirm.
In its April 15, 2014 opinion, the trial court fully and correctly sets
forth the relevant facts and procedural history of this case. (See Trial Court
Opinion, 4/15/14, at 1-11). Therefore, we have no reason to restate them
here.
____________________________________________
*
Retired Senior Judge assigned to the Superior Court.
J-S65032-14
Appellant raises one issue for our review: Whether the trial court
erred in granting Appellees’ motion for summary judgment, and dismissing
the case? (See Appellant’s Brief, at 5).1
Our standard and scope of review of a trial court’s grant of summary
judgment are well-settled:
Our standard of review on an appeal from the grant of a
motion for summary judgment is well-settled. A reviewing court
may disturb the order of the trial court only where it is
established that the court committed an error of law or abused
its discretion. As with all questions of law, our review is plenary.
In evaluating the trial court’s decision to enter
summary judgment, we focus on the legal standard
articulated in the summary judgment rule. Pa.R.C.P.
1035.2. The rule states that where there is no
genuine issue of material fact and the moving party
is entitled to relief as a matter of law, summary
judgment may be entered. Where the nonmoving
party bears the burden of proof on an issue, he may
not merely rely on his pleadings or answers in order
to survive summary judgment. Failure of a non-
moving party to adduce sufficient evidence on an
issue essential to his case and on which he bears the
burden of proof establishes the entitlement of the
moving party to judgment as a matter of law.
Lastly, we will review the record in the light most
favorable to the non-moving party, and all doubts as
to the existence of a genuine issue of material fact
must be resolved against the moving party.
____________________________________________
1
Appellant’s statement of questions involved contains five identical
challenges to the court’s grant of summary judgment as to count one of the
amended complaint, only. (See Appellant’s Brief, at 5-6). This appears to
have been a typographical error, and Appellant intended each of the five
questions to address a different count of the amended complaint. (See id.
at 15-25 (arguing court erred in entering summary judgment as to each of
the amended complaint’s five counts)).
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J-S65032-14
Krauss v. Trane U.S. Inc., 2014 WL 5359007, at *2 (Pa. Super. filed Oct.
22, 2014) (case citation omitted).
After a thorough review of the record, the briefs of the parties, the
applicable law, and the exhaustive and well-reasoned opinion of the trial
court, we conclude that there is no merit to Appellant’s issue. The trial court
properly disposes of the questions presented. (See Trial Ct. Op., at 11-35
(finding: (1) the First Amendment’s deference rule and ministerial exception
doctrine apply to bar Appellant’s causes of action; (2) even if the First
Amendment did not bar all claims, Appellant’s claims fail as a matter of law;
and (3) summary judgment was proper where Appellant failed to provide
evidence in support of his claims)). Accordingly, we affirm on the basis of
the trial court’s opinion.
Judgment affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/11/2014
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