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COMMONWEALTH PENNSYLVANIA v. WILLOW GROVE VETERANS HOME ASSOCIATION (05/21/86)

decided: May 21, 1986.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT
v.
WILLOW GROVE VETERANS HOME ASSOCIATION, INC., APPELLEE



Appeal from the order of the Court of Common Pleas of Montgomery County, in case of Commonwealth of Pennsylvania, Liquor Control Board v. Willow Grove Veterans Home Association, Inc., No. 353 July, 1984, Misc.

COUNSEL

Gary F. DiVito, Chief Counsel, with him, Bruce H. Bikin, Assistant Counsel, for appellant.

No appearance for appellee.

President Judge Crumlish, Jr., Judge Colins, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Colins.

Author: Colins

[ 97 Pa. Commw. Page 393]

The Pennsylvania Liquor Control Board (Board) here appeals from an order of the Court of Common Pleas of Montgomery County which modified the penalty imposed upon Willow Grove Veterans Home Association, Inc. by the Board. The order was announced in open court after a trial de novo, and the Board did not object to the terms of the order, nor did it file any post-trial motions for relief.

The issues before this Court are (1) whether the Pennsylvania Rules of Civil Procedure apply in this case such that post-trial motions for relief are a prerequisite to an appeal, and (2) if not, whether the Board's failure to object to the order in open court constitutes a waiver of the issue on appeal, and (3) if not, whether the trial court may modify the penalty imposed by the Board without significantly and materially altering the findings of fact of the Board. We will address these issues seriatim.

Pa. R.C.P. No. 227.1 concerning post-trial relief was adopted effective January 1, 1984, and amended effective July 1, 1985. As of September 20, 1984, when the instant case was appealed to this Court, the rule stated:

(a) After trial and upon the written Motion for Post-Trial Relief filed by any party, the court may

(1) order a new trial as to all or any of the issues; or

(2) direct the entry of judgment in favor of any party; or

(3) remove a non-suit; or

(4) affirm, modify or change the decision or ...


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