Cellutron Prods. Corp. v. Stewart, 300 A.2d 900 (Pa. Super. Ct. 1972). · Go Syfert
Cellutron Prods. Corp. v. Stewart, 300 A.2d 900 (Pa. Super. Ct. 1972). Cases Citing This Book View Copy Cite
38 citation events (10 in the last 25 years) across 9 distinct courts.
Treatment trajectory · 1973 → 2026 · click a year to view as-of
1973 1999 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Reliance Security Service, Inc. v. 2601 Realty Corp.
Pa. Super. Ct. · 1989 · quote attribution · 1 verbatim quote · confidence high
the arbitrator's award, unless appealed from, will remain in full force and effect and binding upon the parties. where, however, there is a timely and proper appeal by one of the parties, such as in this case, the arbitrator's award loses its finality and the case is heard anew.
examined Cited as authority (quoted) Board of Supervisors of Willistown Twp. v. Main Line Gardens, Inc. and Coffman Associates, LLC (2×)
Pa. Commw. Ct. · 2018 · quote attribution · 2 verbatim quotes · confidence low
where ... there is a timely and proper appeal by one of the parties, ... the arbitrator's award loses its finality and the case is heard anew.
discussed Cited as authority (rule) Kosek v. Yetter
pactcompladams · 2005 · confidence medium
The test, therefore, is whether the prejudice would go beyond ‘that which would normally flow from the allowance of an amendment.’ ” Sands v. Forrest, 290 Pa. Super. 48, 53 , 434 A.2d 122, 125 (1981) (quoting Cellutron Products Corp. v. Stewart, 223 Pa. Super. 391, 394 , 300 A.2d 900, 901-902 (1972)).
cited Cited as authority (rule) J.A. v. St. Joseph's Children's & Maternity Hospital
pactcompllackaw · 2001 · confidence medium
Cellutron Products Corp. v. Stewart, 223 Pa. Super. 391, 394 , 300 A.2d 900, 901-902 (1972); Lynady v. Community Medical Center, 101 Lacka.
discussed Cited as authority (rule) Pastore v. Anjo Construction Co.
Pa. · 1990 · confidence medium
Suffice it to say, “Prejudice that would prevent the grant of an amendment must be ... something more than a detriment to the other party ‘since any amendment almost certainly will be designed to strengthen the legal position of the amending party and correspondingly to weaken the position of the adverse party____ To make the advantage sought by an amendment operate as a bar to amendment would be to destroy the right to amend except in cases when the moving party would have no reason to amend.’ ” Sands v. Forrest, 290 Pa.Super. 48, 53 , 434 A.2d 122, 125 (1981); Cellutron Products Corp…
cited Cited as authority (rule) W.I. Snyder Corp. v. Caracciolo
Pa. · 1988 · confidence medium
Id., 290 Pa.Superior Ct. at 53, 434 A.2d at 125 , quoting, Cellutron Products Corp. v. Stewart, 223 Pa.Super. 391, 394 , 300 A.2d 900, 901-902 (1972).
discussed Cited as authority (rule) Carpitella v. Consolidated Rail Corp.
Pa. · 1987 · confidence medium
The prejudice experienced by the other party must go beyond that which would normally flow from allowing the first party to amend: Prejudice that would prevent the grant of an amendment must be ... something more than a detriment to the other party ‘since any amendment almost certainly will be designed to strengthen the legal position of the amending party and correspondingly to weaken the position of the adverse party---- To make the advantage sought by an amendment operate as a bar to amendment would be to destroy the right to amend except in cases when the moving party would have no reaso…
discussed Cited as authority (rule) Standard Pipeline Coating Co. v. Solomon & Teslovich, Inc.
Pa. · 1985 · confidence medium
Prejudice must be “... something more than a detriment to the other party, ‘since any amendment almost certainly will be designed to strengthen the legal position of the amending party and correspondingly to weaken the position of the adverse party’.” Sands v. Forrest, 290 Pa.Super. 48, 53 , 434 A.2d 122, 125 (1981), quoting Cellutron Products Corp. v. Stewart, 223 Pa.Super. 391, 394 , 300 A.2d 900, 901-02 (1972).
discussed Cited as authority (rule) Tanner v. Allstate Insurance
Pa. · 1983 · confidence medium
In Sands v. Forrest, supra, our Court explained that prejudice must be something more than a detriment to the other party, for to make an advantage operate as a bar to amendment would be “to destroy the right to amend except in cases when the moving party would have no reason to amend” ( 290 Pa.Super. at 53 , 434 A.2d at 125 , quoting Cellutron Products Corp. v. Stewart, 223 Pa.Super. 391, 394 , 300 A.2d 900, 901-902 [1972]).
discussed Cited as authority (rule) Sands v. Forrest
Pa. Super. Ct. · 1981 · confidence medium
To make the advantage sought by an amendment operate as a bar to amendment would be to destroy the right to amend except in cases when the moving party would have no reason to amend.’ ” Cellutron Products Corp. v. Stewart, 223 Pa.Super. 391, 394 , 300 A.2d 900, 901-902 (1972).
discussed Cited "see" Swartz v. Capital Refrigeration, Inc.
pactcomplcumber · 1973 · signal: see · confidence high
See Cellutron Products Corp. v. Stewart, 223 Pa. Superior Ct. 391 (1972); Bell v. Shetrom, 214 Pa. Superior Ct. 309, 313, 314 (1969); Universal Match Corp. v. LeKape, 49 D. & C. 2d 454, 20 Bucks 56 (1970).
discussed Cited "see, e.g." Gregg v. Gacon Construction Co. (2×)
Pa. Super. Ct. · 1977 · signal: see also · confidence low
See also Cellutron Products Corp. v. Stewart, 223 Pa.Super. 391, 392-93 , 300 A.2d 900 (1972) (amending counterclaim after appeal from arbitration).
Retrieving the full opinion text from the archive…
Cellutron Products Corp.
v.
Stewart, Appellant
Appeal, 631.
Superior Court of Pennsylvania.
Dec 11, 1972.
300 A.2d 900
Michael J. Pepe, Jr., for appellants., Harry Fischer, Maurice Freedman, Herbert H. Hadra, and Fisher & Fisher, submitted a brief, for appellee.
Wright, Watkins, Jacobs, Hoffman, Spaulding, Cercone, Packel.
Cited by 16 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 83%
Citer courts: Commonwealth Court of Pennsylv… (2)

Opinion by

Cercone, J.,

The issue presented in this appeal is whether or not a defendant, after an appeal by him to the Common Pleas Court from an arbitrator’s award in plaintiff’s favor, can amend his counterclaim so as to change its basis.

The lower court did not permit the amendment, and we hold this to be error. Amendments are liberally allowed under Buie 1033 of the Pennsylvania Eules of Civil Procedure [1] and we see no reason to apply a more restrictive rule merely because the cause of action before the court has come to it upon appeal from a arbitrator’s award. Though it is true that plaintiff will be required to face a counterclaim different than that presented before the Board of Arbitration, this presents no difficulties different than those which would attend such amendment had the action originated in the Common Pleas Court. The allowance of such amendment requiring different evidence to be presented by both parties presents no problems different than those which[*393] normally attend the trial of a case on appeal from the arbitration award. On an appeal from such award, the trial is de novo before the court and the jury and the parties “are free to present such evidence as they may have whether it was presented before the arbitrators or not: Act of June 16, 1836, P. L. 715, Section 27, as amended, 5 P.S. Section 71; Lanigan v. Lewis, 210 Pa. Superior Ct. 273, 232 A. 2d 50 (1967)”: Bell v. Shetrom, 214 Pa. Superior Ct. 309 (1969) at 313.

Allowance of the amendment after appeal from the arbitrator’s award would not, as contended by plaintiff, “wreak havoc upon the compulsory arbitration rules”. The arbitrator’s award, unless appealed from, will remain in full force and effect and binding upon the parties. Where, however, there is a timely and proper appeal by one of the parties, such as in this case, the arbitrator’s award loses its finality and the case is heard anew. As stated in Lanigan v. Lewis, 210 Pa. Superior Ct. 273 (1967) at 277: “The award of arbitrators is not a judgment but merely has the effect of a judgment so as to become a lien on real estate ‘if the appeal shall not be entered within the time limit’. Compulsory Arbitration Act of June 16, 1836, P. L. 715, as amended, 5 P.S. Section 21 et seq.

“The purpose of an appeal is to prevent judgment. When an appeal is taken the award becomes an undetermined cause which must be tried de novo and prosecuted to judgment, discontinuance or non pros....”

This court very clearly indicated in Bell v. Shetrom, 214 Pa. Superior Ct. 309 (1969), that amendments in the Common Pleas Court after appeal from the award of arbitrators are within the authority of the court. In that case this court reversed the lower court’s refusal of an allowance to plaintiff to amend after appeal by defendant. We there stated: “. . . the court below refused the amendment and reversed the arbitrators’ award on the ground that there was no authority to[*394] permit the amendment since it ‘injected into the case a claim distinct from that upon which trial was had.’ . . . We cannot understand the court’s unwillingness to permit the requested amendment. Even if a new cause of action was introduced, and we do not think one was, the six-year statute of limitations had not run and such amendments are freely authorized by Pa. R.C. P. No. 1033. See Goodrich-Amram Civil Proc. Rules Service, §1033-4.1, Commentary (1967). No prejudice to the appellee was evident. He could answer or otherwise attack the amended complaint. Certainly the court could grant him a continuance if he were not prepared to go to trial.”

The amendment in this case was therefore properly within the authority of the court below to allow in the same manner as though the action had been originally instituted in the Common Pleas Court. The court, however, abused its discretion in disallowing the amended counterclaim. Prejudice that would prevent the grant of an amendment must be, as stated in 2B Anderson Pa. Civil Practice §1033.41 (!b), at page 246, something more than a detriment to the other party “since any amendment almost certainly will be designed to strengthen the legal position of the amending party and correspondingly to weaken the position of the adverse party.

“The fact that the adverse party would be placed at a disadvantage does not in itself bar the making of an amendment since the very purpose of amending is to improve one’s position in order to place the adverse party at a disadvantage. To make the advantage sought by an amendment operate as a bar to amendment would be to destroy the right to amend except in cases when the moving party would have no reason to amend.”

The plaintiff in the instant case would suffer no detriment or disadvantage other than that which would normally flow from the allowance of an amendment[*395] changing the basis of the counterclaim made against him, and therefore there is no prejudice which would be sufficient cause to prevent the amendment.

Accordingly, the disallowance of the amendment by the court below is hereby reversed.

Jacobs, J., dissents.
1

Rule 1033. Amendment

“A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to. conform the pleading to the evidence offered or admitted. Adopted June 25, 1946. Eff. Jan. 1, 1947.”