Com. v. Brady, E. ( 2019 )

J-S03012-19
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT
OF
PENNSYLVANIA
Appellee
v.
EDWARD BRADY,
Appellant No. 1718 EDA 2018
Appeal from the Order Entered June 6, 2018
In the Court of Common Pleas of Chester County
Criminal Division at No(s): CP-15-CR-0004148-2012
BEFORE: BENDER, P.J.E., OLSON, J., and MUSMANNO, J.
JUDGMENT ORDER BY BENDER, P.J.E.: FILED APRIL 08, 2019
Appellant, Edward Brady, appeals pro se from the trial court’s June 6,
2018 order. After careful review, we are compelled to deem that order non-
final and quash Appellant’s appeal.
We need not set forth the facts or procedural history of Appellant’s case
for purposes of disposing of his present appeal. We need only note that on
February 7, 2018, Appellant filed his third pro se petition under the Post
Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546. On April 30, 2018,
the PCRA court issued a Pa.R.Crim.P. 907 notice of its intent to dismiss
Appellant’s petition as being untimely filed. Appellant did not file a timely
response, and on May 25, 2018, the court issued an order that stated as
follows:
J-S03012-19
AND NOW, this 25th day of May, 2018, after consideration
of [Appellant’s] Third Post Conviction Relief Act Petition
(hereinafter “PCRA Petition”), it is hereby ORDERED as follows:1
1 A 20[-]day notice, pursuant to Pa.R.Crim.P. 907, was
forwarded to [Appellant] on April 30, 2018.
Pursuant to Pa. Rule of Criminal Procedure 907(4),
[Appellant] is advised that he has thirty (30) days from the date
of this Order to file an appeal to the Pennsylvania Superior Court.
To do so, you must file a Notice of Appeal with the Clerk of Courts
of Chester County, Pennsylvania. If you are indigent, you may
request to file your appeal without the payment of costs (in forma
pauperis). (Pa.R.Crim.P. 904)
Pursuant to Pa. Rule of Criminal Procedure 907(4), the Clerk
of Courts of Chester County is directed to send a copy of this Order
to [Appellant], certified mail, return receipt requested.
PCRA Court Order, 5/25/18, at 1 (single page).
Noticeably absent from this order is any ruling on Appellant’s petition.
We presume that this omission was an oversight, and that the court intended
to dismiss Appellant’s petition. Indeed, the docket entry for the May 25, 2018
order states “Order Dismissing PCRA Filed.” However, the fact that the order
does not actually rule on Appellant’s petition renders it non-final, as the order
did not “dispose[] of all claims and of all parties[.]” Pa.R.A.P. 341 (defining a
final order). Thus, the May 25, 2018 order is not appealable, and we lack
jurisdiction to consider Appellant’s appeal. See Commonwealth v. Mitchell,
72 A.3d 715, 717 (Pa. Super. 2013) (“In order for this Court to have
jurisdiction, an appeal must be from an appealable order.”) (citing
Commonwealth v. Brister, 16 A.3d 530, 533 (Pa. Super. 2011) (“[T]he
appealability of an order directly implicates the jurisdiction of the court asked
to review the order.”)). Consequently, we are constrained to quash
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J-S03012-19
Appellant’s appeal, without prejudice to his right to file a new appeal once the
PCRA court enters a final order ruling on his petition.
Appeal quashed. Jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 4/8/19
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