unequivocal rule (Pennsylvania) · Go Syfert
← Pennsylvania issues

unequivocal rule in Pennsylvania

10 Pennsylvania opinions name it 4 courts 1990–2021 1 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Chalkey v. Roushgreen
pa · 2002 · cited in 6 Pennsylvania opinions naming this issue, 2003–2021
2 sentences

2017See Pa.R.C.P. 227.1(a). [[Image here]] With this unequivocal rule, there is no danger that parties will be confused as to whether they should file post-trial motions or proceed directly to an appeal from an order entered by a trial court in an action in equity. 805 A.2d at 494-96 (emphasis in original). 3 Under Rule 227.1, a party that has received a trial court’s decision after a non-jury trial may move to have the trial court “direct the entry of judgment in favor of any party.” Pa.R.Civ.P. 227.1(a)(2).

2012The court stated, “With this unequivocal rule, there is no danger that parties will be confused as to whether they should file post-trial motions or proceed directly to an appeal from an order entered by a trial court in an action in equity.” Id. at 470 , 569 Pa. at 462 , 805 A.2d at 496 (footnote omitted).

56
Commonwealth v. Gleasongreen
pa · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014See Commonwealth v. Gleason, 785 A.2d 983, 986 (Pa. 2001) (in deciding whether police officer has probable cause to conduct traffic stop for violation of Vehicle Code, court need only rely on specific facts articulated by officer to establish that vehicle or driver was in violation of some provision of Vehicle Code); Commonwealth v. Enick, 70 A.3d 843 (Pa. Super. 2013) (holding officer had probable cause to stop vehicle after observing vehicle briefly cross double yellow line into oncoming traffic).

11
Pottetti v. Cliffordgreen
conn · 1959 · cited in 1 Pennsylvania opinions naming this issue, 2006–2006
2 sentences

2006See Pottetti, 150 A.2d at 210 ("A pure bill of discovery is favored in equity and will be granted unless there is some well-founded objection against the exercise of the court's jurisdiction."). [21] We do not find, in Connecticut's law, an unequivocal requirement that such discovery will be granted only where a litigant has averred that absent such discovery his suit will not be able to proceed.

2006See Pottetti, 150 A.2d at 210 (“A pure bill of discovery is favored in equity and will be granted unless there is some well-founded objection against the exercise of the court’s jurisdiction.”). 21 We do not find, in Connecticut’s law, an unequivocal requirement that such discovery will be granted only where a litigant has averred that absent such discovery his suit will not be able to proceed.

11
Christopher M's Hand Poured Fudge, Inc. v. Hennongreen
pasuperct · 1997 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002
2 sentences

2002See In re J.J.F., J.R.F., 729 A.2d 79, 82 (Pa.Super.1999) (remanding case for trial court to enter a decree nisi where trial court entered an order without decree nisi and appellant filed exceptions as well as notice of appeal); Christopher M’s Hand Poured Fudge, Inc. v. Hennon, 699 A.2d 1272, 1274 (Pa.Super.1997) (appellant’s failure to file post-trial motions is excused because trial court entered opinion and order instead of decree nisi); Altomare v. Altomare, 355 Pa.Super. 391 , 513 A.2d 486 , 487 n. 1 (1986) (appellant did not waive claims by failing to file post-trial motions because tri

2002See In re J.J.F., J.R.F., 729 A.2d 79, 82 (Pa.Super.1999) (remanding case for trial court to enter a decree nisi where trial court entered an order without decree nisi and appellant filed exceptions as well as notice of appeal); Christopher M's Hand Poured Fudge, Inc. v. Hennon, 699 A.2d 1272, 1274 (Pa.Super.1997) (appellant's failure to file post-trial motions is excused because trial court entered opinion and order instead of decree nisi); Altomare v. Altomare, 355 Pa.Super. 391 , 513 A.2d 486 , 487 n. 1 (1986) (appellant did not waive claims by failing to file post-trial motions because tri

11
In Re JJFgreen
pasuperct · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002
2 sentences

2002See In re J.J.F., J.R.F., 729 A.2d 79, 82 (Pa.Super.1999) (remanding case for trial court to enter a decree nisi where trial court entered an order without decree nisi and appellant filed exceptions as well as notice of appeal); Christopher M’s Hand Poured Fudge, Inc. v. Hennon, 699 A.2d 1272, 1274 (Pa.Super.1997) (appellant’s failure to file post-trial motions is excused because trial court entered opinion and order instead of decree nisi); Altomare v. Altomare, 355 Pa.Super. 391 , 513 A.2d 486 , 487 n. 1 (1986) (appellant did not waive claims by failing to file post-trial motions because tri

2002See In re J.J.F., J.R.F., 729 A.2d 79, 82 (Pa.Super.1999) (remanding case for trial court to enter a decree nisi where trial court entered an order without decree nisi and appellant filed exceptions as well as notice of appeal); Christopher M's Hand Poured Fudge, Inc. v. Hennon, 699 A.2d 1272, 1274 (Pa.Super.1997) (appellant's failure to file post-trial motions is excused because trial court entered opinion and order instead of decree nisi); Altomare v. Altomare, 355 Pa.Super. 391 , 513 A.2d 486 , 487 n. 1 (1986) (appellant did not waive claims by failing to file post-trial motions because tri

11
Commonwealth v. Thekgreen
pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 1990–1990
2 sentences

1990The existence of evidence of a continuing course of similar sexual abuse throughout a period which extends into the applicable limitations period, coupled with an unequivocal instruction as to the parameters of the limitations period, distinguishes this case in factually material respects from the scenario presented in Commonwealth v. Thek, 376 Pa.Super. 390, 402-03 , 546 A.2d 83, 90 (1988), wherein a superficially similar claim was found to be meritorious.

1990The existence of evidence of a continuing course of similar sexual abuse throughout a period which extends into the applicable limitations period, coupled with an unequivocal instruction as to the parameters of the limitations period, distinguishes this case in factually material respects from the scenario presented in Commonwealth v. Thek, 376 Pa.Super. 390, 402-03 , 546 A.2d 83, 90 (1988), wherein a superficially similar claim was found to be meritorious.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Commonwealth v. Enick green
pasuperct · 2013
1 sentence

2014See Commonwealth v. Gleason, 785 A.2d 983, 986 (Pa. 2001) (in deciding whether police officer has probable cause to conduct traffic stop for violation of Vehicle Code, court need only rely on specific facts articulated by officer to establish that vehicle or driver was in violation of some provision of Vehicle Code); Commonwealth v. Enick, 70 A.3d 843 (Pa. Super. 2013) (holding officer had probable cause to stop vehicle after observing vehicle briefly cross double yellow line into oncoming traffic).

12014–2014
Nationwide Mutual Insurance v. Wickett green
pa · 2000
2 sentences

2003In a concurring opinion, Justice Saylor contended that our decision in Chalkey was inconsistent with our prior decision in Nationwide Mutual Insurance Co. v. Wickett, 563 Pa. 595 , 763 A.2d 813 (2000), the very case on which the en banc Superior Court relied in Craley.

2003In a concurring opinion, Justice Saylor contended that our decision in Chalkey was inconsistent with our prior decision in Nationwide Mutual Insurance Co. v. Wickett, 563 Pa. 595 , 763 A.2d 813 (2000), the very case on which the en banc Superior Court relied in Craley.

12003–2003
Altomare v. Altomare green
pa · 1986
2 sentences

2002See In re J.J.F., J.R.F., 729 A.2d 79, 82 (Pa.Super.1999) (remanding case for trial court to enter a decree nisi where trial court entered an order without decree nisi and appellant filed exceptions as well as notice of appeal); Christopher M's Hand Poured Fudge, Inc. v. Hennon, 699 A.2d 1272, 1274 (Pa.Super.1997) (appellant's failure to file post-trial motions is excused because trial court entered opinion and order instead of decree nisi); Altomare v. Altomare, 355 Pa.Super. 391 , 513 A.2d 486 , 487 n. 1 (1986) (appellant did not waive claims by failing to file post-trial motions because tri

2002See In re J.J.F., J.R.F., 729 A.2d 79, 82 (Pa.Super.1999) (remanding case for trial court to enter a decree nisi where trial court entered an order without decree nisi and appellant filed exceptions as well as notice of appeal); Christopher M's Hand Poured Fudge, Inc. v. Hennon, 699 A.2d 1272, 1274 (Pa.Super.1997) (appellant's failure to file post-trial motions is excused because trial court entered opinion and order instead of decree nisi); Altomare v. Altomare, 355 Pa.Super. 391 , 513 A.2d 486 , 487 n. 1 (1986) (appellant did not waive claims by failing to file post-trial motions because tri

12002–2002

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 7532 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 43 (1920–2026) WY 21 (1981–2023) MO 17 (1916–2024) WA 15 (1920–2023) CA 14 (1966–2026) HI 11 (1992–2017) TN 10 (2009–2023) PA 10 (1990–2021) NJ 8 (1989–2022) MA 6 (1976–2024) MI 6 (1926–2017) TX 6 (1988–2024) IL 5 (2004–2011) MD 5 (1973–2012) FL 5 (1985–2018) OR 4 (1995–2014) GA 4 (1943–2021) CO 3 (2001–2020) OK 3 (1930–2009) WI 3 (1973–2016) DE 3 (2014–2025) IN 3 (1985–2015) ID 2 (1992–2016) LA 2 (1993–1996) MT 2 (1980–2023) IA 2 (1912–1948) AL 2 (1991–2013) NM 2 (2009–2010) VA 2 (2007–2016) CT 2 (2002–2017) UT 2 (1987–2006) AK 2 (2021–2024) AZ 2 (2012–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check