Order of Operations
This type of order is appealable as a matter of right, because it disposes of all the parties' claims, effectively putting them out of Court.
What is a final order?
There is no post-trial motions procedure in domestic relations matters, but you can still file this when the judge screws up, so long as you do it within 30 days. Careful! It will not toll the time to file an appeal.
What is a Motion for Reconsideration?
Ariel, Times New Roman, or Verdana. Pick one.
What is the Superior Court's preferred font for all briefs and filings?
Why didn't you say anything before? Rule of Appellate Procedure 302 says issues must be raised here first, before you can raise them on appeal.
What is the trial court?
The Superior Court has to defer to the trier-of-fact when it comes to these types of findings, because they see the parties firsthand.
What are credibility findings?
The termination of parental rights decree, a goal change order, a dependency adjudication are all examples of this type of order. Permanency review orders are more complicated.
What is a final order?
An interim custody order is an example of this type of order. They are usually not subject to appellate review, because piecemeal appeals are not in a child's best interests.
What is an interlocutory order?
The Custody Act states that the trial judge needs to delineate the reasons for the custody award in open court or in a written opinion or order. But if the trial judge waits until she files this, the Superior Court will remand and give the parents time to amend their concise statement.
What is a Rule 1925(a) opinion (a/k/a trial court opinion)?
Don't worry if it's too matchy-matchy. The Rules of Appellate Procedure about Brief Requirements say these have to correspond.
What are the raised issues on appeal and their respective argument sections (ideally under distinct headings)?
If an appellee complains that the appeal should be quashed, the Superior Court might issue one of these to get to the bottom of it.
What is a Rule to Show Cause?
Grandparent standing, the statutory definition of a "sibling," and the application of the UCCJEA are examples of these, for which the standard of review is de novo (which means "from the beginning or anew").
What are questions of law?
Unlike a structural error, this type of error is no big deal - mainly because it was irrelevant to the ultimate outcome. Don't expect a reversal.
What is a harmless error?
You can still appeal an interlocutory order, but you have to ask for this first.
What is permission?
After an appeal is taken, the trial court still have jurisdiction to do this, even if the judge might not think so.
What is jurisdiction to enforce its order?
Alternatively: Preserve status quo, correct formal errors, or grant supersedeas.
Failure to cite to these will result in waiver of your appellate issue. And we're not talking about the ones Chat GPT hallucinates.
What are pertinent legal authorities, such as statutes and case law?
Important cases make bad law, which is why the Superior Court will not go out of its way to address this type of question.
What is a moot question or an abstract question (i.e., a question not directly at issue before the Court)?
Alternatively: What is an underdeveloped argument?
The Superior Court cannot "re-find facts, re-weigh evidence, or re-assess credibility." That is all in the purview of the trier-of-fact. However, the Superior Court is not bound by these. The Superior Court can make their own.
What are the trial court's inferences and deductions from the findings of fact?
When the child has been appointed a guardian ad litem, but not legal counsel, the Superior Court might remand to determine what kind of conflict exists?
What is a conflict between the child's best interests and the child's legal interests (i.e., the child's preferred outcome)?
The Superior Court likes to say it cannot unring a bell, usually when they are asked to enter this type of order - one in which no legal effect can be given.
What is a moot order?
Make it snappy! You have to file these pleadings contemporaneously when the appeal is designated as a Children's Fast Track.
What is a notice of appeal and a concise statement of errors complain of an appeal?
Thanks Captain Obvious! Superior Court will not scour the record looking for these. So make sure your Brief says where they are.
What are citations to record facts that support your case?
Actually, we will touch this. The appellate courts will decide moot questions when one or more of these exceptions to the mootness doctrine apply.
What is: (1) when the case involves a question of great public importance, or (2) the question presented is capable of repetition and apt to elude appellate review, or (3) a party to the controversy will suffer some detriment due to the decision of the trial court?
It's not the Superior Court's fault no one reads block quotes. THIS is an abuse of discretion.
What is bias, ill-will, prejudice, partiality, and when the trial court's decision is manifestly unreasonable in light of the sustainable findings?
(It can also be an error of law, in the same way that a square can be a rectangle, but a rectangle cannot be a square.)
The termination of parental rights is so serious, the Supreme Court has referred to it as "the civil death penalty," which is why this deadline can sometimes be excused by a day or two.
What is the 30-day deadline to file a notice of appeal?
If you satisfy these three prongs, you can appeal an order under the collateral order doctrine. Here's a clue: a parent's appeal of an order granting standing to grandparents did not satisfy the third prong.
What are: (1) the issue is separable from and collateral to the main cause of action; (2) the right involved is too important to be denied review; and (3) the question presented is such that if review is postponed until final judgement, the claim will be irreparably lost?
Contrary to popular opinion, Allegheny County is not the center of the universe. Generally speaking, noncompliance with these is not a basis to reject a pleading, and it could lead to reversible error.
What are The Local Rules?
Alternatively: SOPs
You are kind of being a lot. Filing one of these that is too vague or voluminous could lead to waiver.
What is a concise statement of errors complained of on appeal?
Along with mootness, the Superior Court can raise this issue sua sponte?
What is subject matter jurisdiction?
Bring one of these, and the Superior Court will sua sponte award counsel fees and damages for the delay, plus interest. But the Superior Court will remand for the trial court to do the math.
What is a frivolous appeal or an appeal take solely for delay?
(an award is appropriate when a participant's conduct is dilatory, obdurate, vexatious.)
When an attorney believes their client has no valid claim, they can still appeal and submit this kind of brief along with their motion to withdraw.
What is an Anders Brief?