ENTRY OF APPEALABLE ORDER |
Practice Tip
What is the proper event or order that triggers your appeal period? See Pa.R.A.P. 301. This is not always easy to determine and may require some research. Common examples are:
In a civil case that went to trial, an order denying post-trial motions is interlocutory and not appealable. The appeal lies from the subsequent entry of judgment. Sovereign Bank v. Valentino, 914 A.2d 415 (Pa. Super. 2006).
In a divorce case, an equitable distribution order is not appealable until entry of the divorce decree. Wilson v. Wilson, 828 A.2d 376 (Pa. Super. 2003).
In a criminal case, the final appealable order generally is the judgment of sentence. When the defendant does not file a timely post-sentence motion, the notice of appeal must be filed within 30 days of the imposition (pronouncement) of sentence. Pa.R.Crim.P. 720(A)(3); Commonwealth v. Green, 862 A.2d 613 (Pa. Super. 2004) (en banc), appeal denied, 882 A.2d 477 (Pa. 2005); see also Pa.R.A.P. 108(d)(2) and 903(c)(3). When the defendant files a timely post-sentence motion, the notice of appeal must be filed within 30 days of entry of the order deciding the post-sentence motion or denying the motion by operation of law if the judge fails to decide the motion. Pa.R.Crim.P. 720(A)(2)(a) and (b).
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