Davison v. John W. Harper, Inc.

WIEAND, Judge:

The Court of Common Pleas of Delaware County, relying upon a local rule of court, dismissed post-trial motions without considering the substantive merit thereof because the motions had not been accompanied by an order directing that the trial record be transcribed. On appeal, it is argued that the trial court placed an improper construction on the local rule and, if proper, the rule is in conflict with the Rules of Civil Procedure and invalid. We agree and reverse.

Walter R. Davison successfully prosecuted a civil claim for the recovery of real estate commissions in the amount of…