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Berg v. Nationwide Mut. Ins. Co., Inc.

Supreme Court of Pennsylvania
Aug 19, 2009
979 A.2d 844 (Pa. 2009)

Opinion

No. 126 MAL 2009.

August 19, 2009.

Petition for Allowance of Appeal No. 126 MAL 2009 from the Order of the Superior Court.

Prior Report: Pa.Super., 965 A.2d 285.


ORDER


AND NOW, this 19th day of August 2009, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are:

1. Whether the Superior Court erred in finding waiver of all appellate issues for failing to serve the trial judge with a Statement of Errors Complained Of, pursuant to Appellate Rule 1925(b), when the trial judge's order directing a Statement of Errors to be filed, failed to include language mandated by paragraphs (b)(3)(iii) and (iv) of Appellate Rule 1925(b)?

2. Whether the Superior Court erred finding a waiver of all appellate issues for failing to provide the trial judge with personal service of the timely-filed Statement of Errors, when [P]etitioners complied with the actual wording of the trial judge Rule 1925(b) Order, which directed [P]etitioners to file the Statement of Errors "with the Court, and a copy with the trial judge," and when the trial judge in fact received the Statement of Errors contemporaneously with its filing?


Summaries of

Berg v. Nationwide Mut. Ins. Co., Inc.

Supreme Court of Pennsylvania
Aug 19, 2009
979 A.2d 844 (Pa. 2009)
Case details for

Berg v. Nationwide Mut. Ins. Co., Inc.

Case Details

Full title:Daniel BERG and Sheryl Berg, H/W, Petitioners v. NATIONWIDE MUTUAL…

Court:Supreme Court of Pennsylvania

Date published: Aug 19, 2009

Citations

979 A.2d 844 (Pa. 2009)
979 A.2d 844

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