Commonwealth v. Zeitlen

I respectfully dissent from the majority’s decision to order appellant to supplement his brief. I would hold that the requirements of P.R.App.P. 2119(f) are procedural, not jurisdictional. Because the rule is procedural, a failure to include in appellant’s brief a separate section, stating why an appeal should be allowed, can be waived. In the instant *88case, the Commonwealth has not objected to or preserved for consideration the failure of the appellant to comply with Pa.R.App.P. 2119(f). Therefore, appellee has waived the procedural defect in appellant’s brief. It is this failure to preserve…