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PA Bulletin, Doc. No. 19-446

THE COURTS

Title 210—APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDURE

[ 210 PA. CODE CH. 5 ]

Order Amending Rule 511 of the Pennsylvania Rules of Appellate Procedure; No. 280 Appellate Procedural Rules Doc.

[49 Pa.B. 1510]
[Saturday, March 30, 2019]

Order

Per Curiam

 And Now, this 15th day of March, 2019, upon the recommendation of the Appellate Court Procedural Rules Committee; the proposal having been published for public comment at 47 Pa.B. 4810 (August 19, 2017):

 It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 511 of the Pennsylvania Rules of Appellate Procedure is amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective July 1, 2019.

Annex A

TITLE 210. APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDURE

ARTICLE I. PRELIMINARY PROVISIONS

CHAPTER 5. PERSONS WHO MAY
TAKE OR PARTICIPATE IN APPEALS

MULTIPLE APPEALS

Rule 511. [Cross Appeals] Cross-Appeals.

 The timely filing of an appeal shall extend the time for any other party to [cross appeal as set forth in Rules 903(b) (cross appeals) 1113(b) (cross petitions for allowance of appeal) and 1512(a)(2) (cross petitions for review)] cross-appeal as set forth in Pa.R.A.P. 903(b) (cross-appeals), 1113(b) (cross-petitions for allowance of appeal), and 1512(a)(2) (cross-petitions for review). The discontinuance of an appeal by a party shall not affect the right of appeal or cross-appeal of any other party regardless of whether the parties are adverse.

 Official Note: [The 2002 amendment clarifies the intent of the former rule that the filing of an appeal extends the time within which any party may cross appeal as set forth in Rules 903(b), 1113(b) and 1512(a)(2) and that a discontinuance of an appeal by a party will not affect the right of any other party to file a timely cross appeal under Rules 903(b), 1113(b) or 1512(a)(2) or to otherwise pursue an appeal or cross appeal already filed at the time of the discontinuance. The discontinuance of the appeal at any time before or after a cross appeal is filed will not affect the right of any party to file or discontinue a cross appeal.

 The 2002 amendment eliminates the requirement that a party be adverse in order to file a cross appeal and supersedes In Re Petition of the Board of School Directors of the Hampton Township School District, 688 A.2d 279 (Pa. Cmwlth. 1997), to the extent that decision requires that a party be adverse to the initial appellant in order to file a cross appeal. See Rule 903(b).]

 See also [Rules] Pa.R.A.P. 2113, 2136, and 2185 regarding briefs in [cross appeals] cross-appeals and [Rule] Pa.R.A.P. 2322 regarding oral argument in multiple appeals.

 An appellee should not be required to file a [cross appeal] cross-appeal because the [Court] court below ruled against it on an issue, as long as the judgment granted appellee the relief it sought. [See Ratti v. Wheeling Pittsburgh Steel Corp., 758 A.2d 695 (Pa. Super. 2000) and Hashagen v. Worker's Compensation Appeal Board, 758 A.2d 276 (Pa. Cmwlth. 2000). To the extent that Saint Thomas Township Board of Supervisors v. Wycko, 758 A.2d 755 (Pa. Cmwlth. 2000) is in conflict, it is disapproved.] See Lebanon Valley Farmers Bank v. Commonwealth, 83 A.3d 107, 112 (Pa. 2013); Basile v. H & R Block, Inc., 973 A.2d 417, 421 (Pa. 2009).

 If, however, an intermediate appellate court awards different relief than the trial court or other government unit, a party may wish to file a cross-petition for allowance of appeal under Pa.R.A.P. 1112. See, e.g., Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C. v. Law Firm of Malone Middleman, P.C., 179 A.3d 1093, 1098 & n.5 (Pa. 2018); Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C. v. Law Firm of Malone Middleman, P.C., 137 A.3d 1247 (Pa. 2016).

 In deciding whether to cross-appeal, parties may also consider that appellate courts have discretion, but are not required, to affirm for any reason appearing in the record. See Commonwealth v. Fant, 146 A.3d 1254, 1265 n.13 (Pa. 2016); Pa. Dept. of Banking v. NCAS of Del., LLC, 948 A.2d 752, 762 (Pa. 2008); Am. Future Sys., Inc. v. Better Bus. Bureau of E. Pa., 923 A.2d 389, 401 (Pa. 2007).

[Pa.B. Doc. No. 19-446. Filed for public inspection March 29, 2019, 9:00 a.m.]


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