Commonwealth v. Douglas

DISSENTING OPINION BY

KLEIN, J.:

¶ 1 I respectfully dissent from the majority’s opinion deeming all issues waived for Appellant’s failure to file a 1925(b) statement with the lower court.

¶ 2 In this case, it is clear that the trial judge received Douglas’ 1925(b) statement and discussed the issues in his opinion. Moreover, I do not believe that Common*746wealth v. Butler, 571 Pa. 441, 812 A.2d 631 (2002), Bryant v. Glazier Supermarkets Inc., 823 A.2d 154 (Pa.Super.2003), and Everett Cash Mutual Ins. Co. v. T.H.E. Ins. Co., 804 A.2d 31 (Pa.Super.2002), are dispositive of this case. The cases are not…