Legal Opinion · Dissent

Armbruster v. Horowitz

Superior Court of Pennsylvania

Decided December 29, 1999Published

1Dissent

*288CIRILLO, President Judge Emeritus,

dissenting:

¶ 1 Because the majority’s decision improperly infringes on the trial court’s function in weight of the evidence matters while impermissibly expanding our appellate review powers, I respectfully dissent.

¶ 2 As the majority notes, the Armbrus-ters filed a post-trial motion, claiming that the verdict was against the weight of the evidence. The trial court failed to rule upon such motion on the merits. Judgment on the verdict was entered ultimately by the prothonotary. See Pa.R.C.P. 227.4(l)(b) (“the prothonotary shall, upon praecipe of a party: enter…

2Cases cited7 opinions

  1. Commonwealth v. BrownSupreme Court of Pennsylvania · 1994
  2. Commonwealth v. WoodSuperior Court of Pennsylvania · 1994
  3. Commonwealth v. HodgeSuperior Court of Pennsylvania · 1995
  4. Commonwealth v. WidmerSuperior Court of Pennsylvania · 1995
  5. Commonwealth v. TapperSuperior Court of Pennsylvania · 1996

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