Norris Van Tops, Inc. v. Kopitsky

This is an appeal from an order of the lower court quashing appellant’s motion for a new trial after a non-jury trial in appellee’s action in assumpsit.

In quashing the motion for a new trial, the lower court noted that in the body of the motion appellant had styled his objections as “exceptions,” but that he had improperly captioned the motion as one for a new trial and not as exceptions. Based upon this error in the caption and the specific language of Pa.R.Civ.P. No. 1038(d) that “exceptions may be filed . . . [but] [n]o motion for a new trial . may be filed,” the lower court quashed the…