Paden v. Baker Concrete Constr., Inc., 658 A.2d 341 (Pa. 1995). · Go Syfert
Paden v. Baker Concrete Constr., Inc., 658 A.2d 341 (Pa. 1995). Cases Citing This Book View Copy Cite
352 citation events (276 in the last 25 years) across 9 distinct courts.
Treatment trajectory · 1995 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) P. McDuffie v. PHRC
Pa. Commw. Ct. · 2026 · confidence medium
Additionally, the Supreme Court has noted that a party challenging a trial court’s discretion regarding an award of attorney’s fees under the Act bears a heavy burden, noting expressly that “an abuse of discretion may not be found merely because the appellate court might have reached a different conclusion, but requires a showing of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support as to be clearly erroneous.” Hoy, 720 A.2d at 752 (quoting Paden v. Baker Concrete Constr., Inc., 658 A.2d 341, 343 (Pa. 1995)) (internal quotation marks omitted…
discussed Cited as authority (rule) City of Philadelphia Dept. of Licenses & Inspection v. G. Bochetto
Pa. Commw. Ct. · 2026 · confidence medium
Township of Lower Merion v. QED, Inc., 762 A.2d 779, 781 (Pa. Cmwlth. 2000). “[A]n abuse of discretion may not be found merely because the appellate court might have reached a different conclusion, but requires a showing of manifest unreasonableness, or partiality, prejudice, bias, or ill- will, or such lack of support as to be clearly erroneous.” Wagner v. Pennsylvania Capitol Police Department, 132 A.3d 1051, 1057 (Pa. Cmwlth. 2016) (quoting Paden v. Baker Concrete Construction, Inc., 658 A.2d 341, 343 (Pa. 1995)).
discussed Cited as authority (rule) J. Dana v. Lofts at 1234 Condo Assoc. ~ Appeal of: T. Marrone
Pa. Commw. Ct. · 2024 · confidence medium
Township of Lower Merion v. QED, Inc., 762 A.2d 779, 781 (Pa. Cmwlth. 2000). “[A]n abuse of discretion may not be found merely because the appellate court might have reached a different conclusion, but requires a showing of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support as to be clearly erroneous.” Wagner v. Pennsylvania Capitol Police Department, 132 A.3d 1051, 1057 (Pa. Cmwlth. 2016) (quoting Paden v. Baker Concrete Construction, Inc., 658 A.2d 341, 343 (Pa. 1995)).
discussed Cited as authority (rule) R.P. Cooley v. Lofts at 1234 Condo Assoc. ~ Appeal of: T. Marrone
Pa. Commw. Ct. · 2024 · confidence medium
Township of Lower Merion v. QED, Inc., 762 A.2d 779, 781 (Pa. Cmwlth. 2000). “[A]n abuse of discretion may not be found merely because the appellate court might have reached a different conclusion, but requires a showing of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support as to be clearly erroneous.” Wagner v. Pennsylvania Capitol Police Department, 132 A.3d 1051, 1057 (Pa. Cmwlth. 2016) (quoting Paden v. Baker Concrete Construction, Inc., 658 A.2d 341, 343 (Pa. 1995)).
discussed Cited as authority (rule) K. Bartelli v. PA DOC
Pa. Commw. Ct. · 2024 · confidence medium
“We emphasize that an abuse of discretion may not be found merely because the appellate court might have reached a different conclusion, but requires a showing of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support as to be clearly erroneous.” Paden v. Baker Concrete Constr., Inc., 658 A.2d 341, 343 (Pa. 1995). 13 understand the nature of a court’s grant of motion for judgment on the pleadings.
discussed Cited as authority (rule) K.D. Morgan v. The Stotesbury Community Assoc., Inc.
Pa. Commw. Ct. · 2024 · confidence medium
An abuse of discretion requires a “showing of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or 6 such lack of support as to be clearly erroneous.” Wagner v. Pa. Capitol Police Dep’t, 132 A.3d 1051, 1057-59 (Pa. Cmwlth. 2016) (quoting Paden v. Baker Concrete Constr., Inc., 658 A.2d 341, 343 (Pa. 1995)).
discussed Cited as authority (rule) Com. v. Martin, M. Jr.
Pa. Super. Ct. · 2023 · confidence medium
“When the court has come to a conclusion by the exercise of its discretion, the party complaining of it on appeal has a heavy burden; it is not sufficient to persuade the appellate court that it might have reached a different conclusion if, in the first place, charged with the duty imposed on the court below….” Paden v. Baker Concrete Const., Inc., 658 A.2d 341, 343 (Pa. 1995) (citation omitted).
examined Cited as authority (rule) In Re: Vacation of a Portion of Paper Mill Rd. ~ Appeal of: Newtown Twp. (3×) also: Cited "see"
Pa. Commw. Ct. · 2023 · confidence medium
An abuse of discretion occurs when the board’s decision shows “manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support as to be clearly erroneous.” Paden v. Baker Concrete Construction, Inc., 658 A.2d 341, 343 (Pa. 1995). 8 evidence supports the Board’s finding and ultimate determination that the Contested Road should not be vacated because it is not useless, inconvenient, or burdensome.
discussed Cited as authority (rule) In Re: Private Comp. Filed by L. Ajaj Apl of Com.
Pa. · 2023 · confidence medium
See also Metal Green Inc. v. City of Phila., 266 A.3d 495 , 513 (Pa. 2021) (quoting Harman); Mader v. Duquesne Light Co., 241 A.3d 600 , 607 (Pa. 2020) (same); Commonwealth v. Banks, 29 A.3d 1129, 1135 (Pa. 2011) (citing Commonwealth v. Frey, 904 A.2d 866 , 872 n.9 (Pa. 2006) (same)). 31 See Paden v. Baker Concrete Construction, Inc., 658 A.2d 341, 343 (Pa. 1995). 32 See Mielcuszny v. Rosol, 176 A. 236, 237 (Pa. 1934) (holding that “if in reaching a conclusion the law is overridden or misapplied . . . discretion is abused”). [J-9-2022] [MO: Brobson, J.] - 9 relief from decisions based in l…
discussed Cited as authority (rule) G. Hudock & G. Hudock, h/w v. Saltlick Twp., PA
Pa. Commw. Ct. · 2022 · confidence medium
An abuse of discretion occurs when the board’s decision shows “manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support as to be clearly erroneous.” Paden v. Baker Concrete Constr., Inc., 658 A.2d 341, 343 (Pa. 1995). 11 Commonwealth,[11] shall find and report that there is no necessity for such public road, but shall recommend in their report that the route thereof, or of any portion thereof, be and remain a private road, upon the approval of their said report and the confirmation thereof by the court and the vacation of said public road, the court…
discussed Cited as authority (rule) D'Happart, S. v. First Commonwealth Bank
Pa. Super. Ct. · 2022 · confidence medium
A court abuses its discretion if it misapplies the law or exercises its judgment in a way that is “manifestly unreasonable, - 56 - J-A08008-22 or the result of partiality, prejudice, bias or ill-will.” Pader v. Baker Concrete Constr., Inc., 658 A.2d 341, 343 (Pa. 1995).
discussed Cited as authority (rule) D'Happart, S. v. First Commonwealth Bank
Pa. Super. Ct. · 2022 · confidence medium
A court abuses its discretion if it misapplies the law or exercises its judgment in a way that is “manifestly unreasonable, - 56 - J-A08008-22 or the result of partiality, prejudice, bias or ill-will.” Pader v. Baker Concrete Constr., Inc., 658 A.2d 341, 343 (Pa. 1995).
discussed Cited as authority (rule) Wilmington Twp. v. C. Hahn v. T. Mutchler, Esq.
Pa. Commw. Ct. · 2022 · confidence medium
“An abuse of discretion is not merely an error of judgment, but if in reaching a conclusion the law is overridden or misapplied, or the judgment exercised is manifestly unreasonable, or the result of partiality, prejudice, bias or ill-will, as shown by the evidence or the record, discretion is abused.” Paden v. Baker Concrete Constr., . . . 658 A.2d 341, 343 ([Pa.] 1995) (quoting Mielcuszny . . . v. Rosol, . . . 176 A. 236 [, 237] ([Pa.] 1934)).
cited Cited as authority (rule) Calisto, M. v. Rodgers, M.
Pa. Super. Ct. · 2022 · confidence medium
Paden v. Baker Concrete Constr., Inc., 658 A.2d 341, 343 (Pa. 1995).
discussed Cited as authority (rule) Commonwealth v. Distefano, B., Aplt.
Pa. · 2021 · confidence medium
In particular, the complaining party has a heavy burden to prove that a trial court’s evidentiary decision was made in error; “it is not sufficient to persuade the appellate court that it might have reached a different conclusion if, in the first instance, charged with the duty imposed below[.]” Appellant’s Brief at 18 (quoting Paden v. Baker Concrete Construction, 658 A.2d 341, 343 (Pa. 1995)).
cited Cited as authority (rule) Steltz, C. v. Meyers M.D., W., Aplts.
Pa. · 2021 · confidence medium
“An abuse of discretion is not merely an error of judgment[.]” Paden v. Baker Concrete Const., Inc., 658 A.2d 341, 343 (Pa. 1995) (quoting In re Milton Hershey Med.
discussed Cited as authority (rule) R. Miller & M.L. Miller v. The Borough of Indian Lake
Pa. Commw. Ct. · 2021 · confidence medium
“An abuse of discretion is not merely an error of judgment, but if in reaching a conclusion the law is overridden or misapplied, or the judgment exercised is manifestly unreasonable, or the result of partiality, prejudice, bias or ill- will, as shown by the evidence or the record, discretion is abused.” Sutherland v. Monongahela Valley Hospital, 856 A.2d 55, 59 (Pa. Super. 2004) (quoting Paden v. Baker Concrete Construction, Inc., 658 A.2d 341, 343 (Pa. 1995)).
cited Cited as authority (rule) Penn Business Credit v. Pontiac Prop.
Pa. Super. Ct. · 2021 · confidence medium
Paden v. Baker Concrete Construction, Inc., … 658 A.2d 341, 343 ([Pa.] 1995).
discussed Cited as authority (rule) Soisson, D. v. Green, R.
Pa. Super. Ct. · 2020 · confidence medium
“It is not an abuse of the trial court’s discretion to enforce the rules of civil procedure, even when the result has a serious adverse effect -5- J-A14039-20 on the party violating the rules[.]” Paden v. Baker Concrete Const., 658 A.2d 341, 344 (Pa. 1995).
cited Cited as authority (rule) Calisto, M. v. Rodgers, M.
Pa. Super. Ct. · 2020 · confidence medium
Paden v. Baker Concrete Constr., Inc., 658 A.2d 341, 343 (Pa. 1995).
discussed Cited as authority (rule) Shiflett, B. v. Lehigh Valley Health Network, Inc.
Pa. Super. Ct. · 2020 · confidence medium
Paden v. Baker Concrete Const., Inc., 540 Pa. 409, 412 , 658 A.2d 341, 343 (1995) (internal citations and quotation marks omitted). “[A] trial court has broad discretion with regard to the admissibility of evidence, and is not required to exclude all evidence that may be detrimental to a party’s case.” Schuenemann v. Dreemz, LLC, 34 A.3d 94, 102 (Pa.Super. 2011).
discussed Cited as authority (rule) D. Mohn v. Bucks County Republican Committee ~ Appeal of: D. Mohn
Pa. Commw. Ct. · 2020 · confidence medium
And as is true of all expressions of First Amendment freedoms, the courts (continued…) of discretion is not merely an error of judgment, but if in reaching a conclusion the law is overridden or misapplied, or the judgment exercised is manifestly unreasonable, or the result of partiality, prejudice, bias or ill-will, as shown by the evidence or the record, discretion is abused.” Paden v. Baker Concrete Construction, Inc., 658 A.2d 341, 343 (Pa. 1995) (citations omitted). 12 It is beyond cavil that we may affirm the trial court’s order on any basis appearing in the record.
discussed Cited as authority (rule) Schwartz, I. v. Speyer, D.
Pa. Super. Ct. · 2020 · confidence medium
"An abuse of discretion is not merely an error ofjudgment, but if in reaching a conclusion the law is overridden or misapplied, or the judgment exercised is manifestly unreasonable, or the result of partiality, prejudice, bias[,] or ill-will, as shown by the evidence or the record, discretion is abused." Paden v. Baker Concrete Constr., Inc., 540 Pa. 409, 412 , 658 A.2d 341, 343 (1995) (quoting Mielcuszny v. Rosol, 317 Pa. 91, 93-94 , 176 A. 236, 237 (1934) (unanimous opinion)).
discussed Cited as authority (rule) Frick, S. v. Li, F
Pa. Super. Ct. · 2019 · confidence medium
“It is not an abuse of the trial court's discretion to enforce the rules of civil procedure, even when the result has a serious adverse effect on the party violating the rules[.]” Paden v. Baker Concrete Construction, 540 Pa. 409, 414 , 658 A.2d 341, 344 (1995).
discussed Cited as authority (rule) Frick, S. v. Li, F
Pa. Super. Ct. · 2019 · confidence medium
“It is not an abuse of the trial court's discretion to enforce the rules of civil procedure, even when the result has a serious adverse effect on the party violating the rules[.]” Paden v. Baker Concrete Construction, 540 Pa. 409, 414 , 658 A.2d 341, 344 (1995).
discussed Cited as authority (rule) Com. v. Ross, P.
Pa. Super. Ct. · 2019 · confidence medium
“An abuse of discretion may not be found merely because an appellate court might have reached a different conclusion, but requires a result of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support so as to be clearly erroneous.” Grady, 839 A.2d at 1046 (citing Paden v. Baker Concrete Constr., Inc., 658 A.2d 341, 343 (Pa. 1995)).
cited Cited as authority (rule) The Bank of New York Mellon v. Washington, G.
Pa. Super. Ct. · 2019 · confidence medium
Paden v. Baker Concrete Constr., Inc., 658 A.2d 341, 343 (Pa.Super. 1995), citing Mielcuszny v. Rosol, 176 A. 236, 237 (Pa. 1934).
discussed Cited as authority (rule) Jarrett, J. v. Newtown Athletic Center
Pa. Super. Ct. · 2019 · confidence medium
“It is not an abuse of the trial court’s discretion to enforce the rules of civil procedure, even when the result has a serious adverse effect on the party violating the rules[.]” Paden v. Baker Concrete Construction, 658 A.2d 341, 344 (Pa. 1995).
cited Cited as authority (rule) Boomerang Recoveries v. Guy Carpenter & Co.
Pa. Super. Ct. · 2019 · confidence medium
Paden v. Baker Concrete Constr., Inc., 658 A.2d 341, 343 (Pa.Super. 1995), citing Mielcuszny v. Rosol, 176 A. 236, 237 (Pa. 1934).
cited Cited as authority (rule) Engleman, M. v. Ethicon, Inc.
Pa. Super. Ct. · 2019 · confidence medium
Paden v. Baker Concrete Construction, Inc., 658 A.2d 341, 343 (Pa. 1995).
discussed Cited as authority (rule) J. McGraw, LLC v. Warren County Board of Assessment Appeals ~ Appeal of: Warren County Board of Assessment Appeals
Pa. Commw. Ct. · 2019 · confidence medium
In this regard, “Where the discretion exercised by the trial court is challenged on appeal, the party bringing the challenge bears a heavy burden.” Commonwealth v. Safka, 141 A.3d 1239, 1248 (Pa. 2016) (quoting Paden v. Baker Concrete Construction, Inc., 658 A.2d 341, 343 (Pa. 1995)).
discussed Cited as authority (rule) Beauford, T. v. Definitive Properties
Pa. Super. Ct. · 2019 · confidence medium
“Where the discretion exercised by the trial court is challenged on appeal, the party bringing the challenge bears a heavy burden.” Paden v. Baker Concrete Constr., Inc., 540 Pa. 409 , [412,] 658 A.2d 341, 343 (1995) (citation omitted). [I]t is not sufficient to persuade the appellate court that it might have reached a different conclusion if…charged with the duty imposed on the court below; it is necessary to go further and show an abuse of the discretionary power.
discussed Cited as authority (rule) Deleon, M. v. Destefano, A.
Pa. Super. Ct. · 2019 · confidence medium
However, “[w]here the discretion exercised by the trial court is challenged on appeal, the party bringing the challenge bears a heavy burden.” Paden v. Baker Concrete Constr., Inc., 658 A.2d 341, 343 (Pa. 1995)(citation omitted).
discussed Cited as authority (rule) M. Serota v. London-Towne Homeowners Assoc.
Pa. Commw. Ct. · 2018 · confidence medium
“The standard of review when the trial court refuses to grant counsel fees is that the reasonableness of the refusal is a matter which rests within the sound discretion of the trial court and will be reversed only when there is a clear abuse of discretion.” Twp. of Lower Merion v. QED, Inc., 762 A.2d 779, 781 (Pa. Cmwlth. 2000). “[A]n abuse of discretion may not be found merely because the appellate court might have reached a different conclusion, but requires a showing 9 Although the Motion references court costs, Serota’s arguments on appeal focus on his entitlement to attorneys’ f…
discussed Cited as authority (rule) H.L. Bierley v. J.L. Kowalski
Pa. Commw. Ct. · 2018 · confidence medium
Union Electric Corp. v. Board of Property Assessment, Appeals & Review of Allegheny County, 746 A.2d 581, 583 (Pa. 2000). “‘An abuse of discretion is not merely an error of judgment, but occurs only where the law is overridden or misapplied, or the judgment exercised is manifestly unreasonable, or the result of partiality, prejudice, bias or ill will, as shown by the evidence or the record.’” Commonwealth v. Safka, 141 A.3d 1239, 1248 (Pa. 2016) (quoting Paden v. Baker Concrete Construction, Inc., 658 A.2d 341, 343 (Pa. 1995)). 5 amended or supplemental Statement to be filed.” Pa. R.…
discussed Cited as authority (rule) C. Pedro v. Bureau of Administrative Adjudication
Pa. Commw. Ct. · 2018 · confidence medium
“Where the discretion exercised by the trial court is challenged on appeal, the party bringing the challenge bears a heavy burden.” Commonwealth v. Safka, 141 A.3d 1239, 1248 (Pa. 2016) (quoting Paden v. Baker Concrete Construction, Inc., 658 A.2d 341, 343 (Pa. 1995)).
discussed Cited as authority (rule) Com. v. Didyoung, J.
Pa. Super. Ct. · 2018 · confidence medium
“An abuse of discretion may not be found merely because an appellate court might have reached a different conclusion, but requires a result of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support so as to be clearly erroneous.” Grady v. Frito-Lay, Inc., 839 A.2d 1038, 1046 (citing Paden v. Baker Concrete Constr., Inc., 658 A.2d 341, 343 (Pa. 1995)).
cited Cited as authority (rule) D. Solomon v. J.D. Hulme, IV v. Haines & Kibblehouse, Inc. ~ Appeal of: J.D. Hulme, IV
Pa. Commw. Ct. · 2018 · confidence medium
MHW - 4 record, discretion is abused.’” Id. (quoting Paden v. Baker Concrete Construction, 658 A.2d 341, 343 (Pa. 1995)).
cited Cited as authority (rule) Com. v. Gooden, T.
Pa. Super. Ct. · 2018 · confidence medium
Paden v. Baker Concrete Constr., Inc., 658 A.2d 341, 343 (Pa. 1995).
cited Cited as authority (rule) White, R. v. White, R.
Pa. Super. Ct. · 2018 · confidence medium
Paden v. Baker Concrete Constr[.], Inc., [] 658 A.2d 341, 343 ([Pa.] 1995).
discussed Cited as authority (rule) Shore v. Pa. Dep't of Corr.
Pa. · 2018 · confidence medium
“An abuse of discretion is not merely an error of judgment, but if in reaching a conclusion the law is overridden or misapplied, or the judgment exercised is manifestly unreasonable, or the result of partiality, prejudice, bias or ill-will, as shown by the evidence or the record, discretion is abused.” Paden v. Baker Concrete Constr., Inc., 658 A.2d 341, 343 (Pa. 1995) (citing Mielcuszny v. Rosol, 176 A. 236 (Pa. 1934)).
discussed Cited as authority (rule) Com. v. Baker, T.
Pa. Super. Ct. · 2017 · confidence medium
"An abuse of discretion may not be found merely because an appellate court might have reached a different conclusion, but requires a result of manifest unreasonableness, or partiality, prejudice, bias, or ill -will, or such lack of support so as to be clearly erroneous." Grady, 839 A.2d at 1046 (citing Paden v. Baker Concrete Constr., Inc., 540 Pa. 409 , 658 A.2d 341, 343 (1995)).
discussed Cited as authority (rule) Huyett v. v. Doug's Family Pharmacy
Pa. Super. Ct. · 2017 · confidence medium
Hoy v. Angelone, supra at 752. “[A]n abuse of discretion may not be found merely because the appellate court might have reached a different conclusion, but requires a showing of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support as to be clearly erroneous.” Id. (quoting Paden v. Baker Concrete Construction, Inc., 540 Pa. 409 , 658 A.2d 341, 343 (1995)).
discussed Cited as authority (rule) Addison, C. v. Heckman, C.
Pa. Super. Ct. · 2017 · confidence medium
August 3, 2016) (unpublished memorandum). -9- J-A33037-16 deemed “to show manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support as to be clearly erroneous.” Paden v. Baker Concrete Const., Inc., 414, 658 A.2d 341, 344 (Pa. 1995).
discussed Cited as authority (rule) Commonwealth v. Safka
Pa. · 2016 · confidence medium
As we have explained, “[wjhere the discretion exercised by the trial court is challenged on appeal, the party bringing the challenge bears a heavy burden.” Paden v. Baker Concrete Const., Inc., 540 Pa. 409 , 658 A.2d 341, 343 (1995) (quoting Echon v. Pennsylvania Railroad Co., 365 Pa. 529 , 76 A.2d 175, 178 (1950)), In this respect, “it is not suffi cient to persuade the appellate court that it might have reached a different conclusion ...” Id.
discussed Cited as authority (rule) Gorton, L. v. Erie Insurance
Pa. Super. Ct. · 2016 · confidence medium
In reviewing the propriety of an evidentiary ruling, “It is well settled that the admission or exclusion of evidence is a matter within the sound discretion of the trial court, which may only be reversed upon a showing of a manifest abuse of discretion.” Eichman v. McKeon, 824 A.2d 305, 319 (Pa.Super. 2003). "[A]n abuse of discretion may not be found merely because an appellate court might have reached a different conclusion, but requires a result of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support so as to be clearly erroneous." Betz v. Pneum…
discussed Cited as authority (rule) Bohannon, J. v. Quans, J.
Pa. Super. Ct. · 2015 · confidence medium
Paden v. Baker Concrete Const., Inc., 540 Pa. 409, 412 , 658 A.2d 341, 343 (1995) (internal citations and quotation marks omitted). “[A] trial court has broad discretion with regard to the admissibility of evidence, and is not required to exclude all evidence that may be detrimental to a party’s case.” Schuenemann v. Dreemz, LLC 34 A.3d 94, 102 (Pa.Super. 2011).
cited Cited as authority (rule) Com. v. Pinkney, A.
Pa. Super. Ct. · 2015 · confidence medium
Commonwealth v. Garcia, 661 A.2d 1388, 1394-95 (Pa. Super. 1995) (quoting Paden v. Baker Concrete Constr., Inc., 658 A.2d 341, 343 (Pa. 1995) (citations and quotation marks omitted)).
discussed Cited as authority (rule) Keller, R. v. Miller, R.
Pa. Super. Ct. · 2015 · confidence medium
“It is well settled that the admission or exclusion of evidence is a matter within the sound discretion of the trial court, which may only be reversed upon a showing of a manifest abuse of discretion.” Eichman v. McKeon, 824 A.2d 305, 319 (Pa.Super. 2003). “[A]n abuse of discretion may not be found merely because an appellate court might have reached a different conclusion, but requires a result of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support so as to be clearly erroneous." Betz v. Pneumo Abex LLC, 44 A.3d 27 (Pa. 2012) (quoting Paden v.…
discussed Cited as authority (rule) Polett, M., Aplt. v. Public Communications Inc. (2×)
Pa. · 2015 · confidence medium
Ball v. Bayard Pump & Tank Co., Inc., 67 A.3d 759, 767 (Pa. 2013); Paden v. Baker Concrete Const., 658 A.2d 341, 343 (Pa. 1995).
Retrieving the full opinion text from the archive…
John C. PADEN, Appellee
v.
BAKER CONCRETE CONSTRUCTION, INC., Et Al. Appeal of BAKER CONCRETE CONSTRUCTION, INC.
Supreme Court of Pennsylvania.
May 16, 1995.
658 A.2d 341
Peter J. Speaker, Harrisburg, for Baker Concrete Const., Inc., Leah B. Graff, York, for John C. Paden.
Nix, Flaherty, Zappala, Cappy, Castille, Montemuro.
Cited by 153 opinions  |  Published

[*411] OPINION OF THE COURT

FLAHERTY, Justice.

The issue is whether a trial court may dismiss a plaintiffs amended complaint against a party defendant joined after the commencement of the action without leave of court in violation of Pa.R.Civ.P. 1033, even when the improper joinder works no prejudice against the improperly joined defendant or the other parties to the action. We hold that the court may penalize the violation by dismissing the complaint.

Appellee John C. Paden, a construction worker, was injured on the job when he fell through a hole in the second floor of a construction site on May 1, 1991. Paden sued the general contractor and its parent corporation. Pleadings proceeded until April 30, 1993, one day before the statute of limitations expired, when Paden filed an amended complaint adding as a defendant the alleged flooring sub-contractor, Baker Concrete Construction Company, appellant.

The amended complaint was filed without leave of court or the consent of the other parties. Baker filed preliminary objections challenging the joinder as improper, seeking to be stricken as a party defendant. The trial court sustained the preliminary objections and struck the joinder of Baker as a defendant. Paden appealed, and the Superior Court reversed, holding that it was an abuse of discretion for the trial court to penalize the improper procedure utilized to add Baker as a defendant because the court should have implemented Pa. R.Civ.P. 126, which permits a court to “disregard any error or defect of procedure which does not affect the substantial rights of the parties.” Baker sought allowance of appeal which we granted to review the sole question: May a trial court dismiss a plaintiffs complaint against a party defendant joined after commencement of the action without leave of court in violation of Pa.R.Civ.P. 1033, even where the improper joinder works no prejudice against the improperly joined defendant or the other parties to the suit?

The Superior Court correctly stated that its standard of review was for abuse of discretion. This court recently had[*412] occasion to expound on review of discretionary decisions of a trial court:

Where the discretion exercised by the trial court is challenged on appeal, the party bringing the challenge bears a heavy burden. As stated in Echon v. Pennsylvania Railroad Co., 365 Pa. 529, 534, 76 A.2d 175, 178 (1950) (quoting Garrett’s Estate, 335 Pa. 287, 292-93, 6 A.2d 858, 860 (1939)),
When the court has come to a conclusion by the exercise of its discretion, the party complaining of it on appeal has a heavy burden; it is not sufficient to persuade the appellate court that it might have reached a different conclusion if, in the first place, charged with the duty imposed on the court below; it is necessary to go further and show an abuse of the discretionary power. “An abuse of discretion is not merely an error of judgment, but if in reaching a conclusion the law is overridden or misapplied, or the judgment exercised is manifestly unreasonable, or the result of partiality, prejudice, bias or ill-will, as shown by the evidence or the record, discretion is abused.” Mielcuszny et ux. v. Rosol, 317 Pa. 91, 93, 94, 176 A. 236.
Accord Commonwealth v. Powell, 527 Pa. 288, 297 n. 8, 590 A.2d 1240, 1244 n. 8 (1991) (A conclusion or judgment constitutes an abuse of discretion if it is so lacking in support as to be clearly erroneous.).

In re Milton S. Hershey Medical Center, 535 Pa. 9, 13-14, 634 A.2d 159, 161 (1993). We emphasize that an abuse of discretion may not be found merely because the appellate court might have reached a different conclusion, but requires a showing of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support as to be clearly erroneous.

In concluding that the trial court abused its discretion, the Superior Court first analyzed the relevant rules of procedure, viz., Rules 126, 1033, 2229, 2232, 2251 et seq., reaching the inescapable conclusion that the procedure utilized by Paden was improper:

[*413] Paden’s lawyer elected to ignore the applicable procedural rules, run roughshod over the rules intended to guarantee orderly proceedings and play the game according to his or her own dictates. Where this has occurred, the law clearly permits a trial court to strike an amended complaint which attempts to join an additional person as a party defendant without leave of court.

Paden v. Baker Concrete Const., Inc., 437 Pa.Super. 59, 61-62, 648 A.2d 1227, 1228 (1994). The court then addressed the reason for the rule requiring leave of court or the consent of the other parties, stating that the “rule was not intended to benefit a party such as Baker____ Baker, or a party similarly situated, could always have been sued in a separate action without prior leave of court.” 437 Pa.Super. at 62, 648 A.2d at 1228. Cf. Hoare v. Bell Telephone Co. of Pennsylvania, 509 Pa. 57, 62, 500 A.2d 1112, 1115 (1985) (holding that a plaintiff may not join a party defendant after the statute of limitations has run; prior to expiration of the statute of limitations “[p]laintiffs could have commenced a new action against Milton Kotler and sought consolidation, or they could have proceeded under the Joinder of Parties Rules, Pa.R.C.P. 2226, et seq.” Papadakos, J., concurring). The Superior Court then noted that the trial court, in the exercise of its discretion, could have “approve[d] the joinder nunc pro tunc and den[ied] the motion to dismiss the action against Baker.” 437 Pa.Super. at 63, 648 A.2d at 1228.

The court then opined that not one iota of prejudice accrued to any of the original defendants due to Paden’s improper procedure, that the trial court dismissed the joinder only because the rule requiring prior court approval had been violated, and that the trial court “did so without considering the consequences its decision would have on the parties.” Id. at 63, 648 A.2d at 1229. In the view of the Superior Court, “the [trial] court caused serious prejudice to the plaintiff who, because of the erroneous procedure adopted by his lawyer, will never be able to assert a claim against Baker.” Id. It was therefore an abuse of discretion, in the estimation of the Superior Court, for the trial court not to apply the benevolent[*414] exculpatory provision of Rule 126 which allows a court to “disregard any error or defect of procedure which does not affect the substantial rights of the parties.”

There is little doubt that this is a situation in which Rule 126 might appropriately have been applied, had the trial court deemed it to be required in the interest of justice. Nevertheless, the trial court having rejected' the reprieve allowed by Rule 126, we do not deem the striking of the improper joinder to show manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support as to be clearly erroneous. Thus, even if we might have reached a different conclusion had the decision been ours in the first instance, it was not an abuse of discretion for the trial court to rule as it did.

Though Rule 126 would have permitted the trial court to overlook the procedural errors of trial counsel, it is not an abuse of the trial court's discretion to enforce the rules of civil procedure, even when the result has a serious adverse effect on the party violating the rules; the rules are essential in order to insure the orderly and equal administration of justice and it is within the discretion of a trial court to require compliance.

Accordingly, the order of the Superior Court is reversed.

Order reversed.

ZAPPALA, J., concurs in the result.

MONTEMURO, J., is sitting by designation.