Carr v. Michuk

More than one month after a defense verdict in non-jury trial, plaintiff filed a motion for leave to file a post-trial motion nunc pro tunc. The trial court denied that, claiming that plaintiff did not show he was appropriately diligent. The Superior Court reversed, though, after finding that the prothonotary failed to note in the docket that it give proper notice of the verdict to all of the parties pursuant to Pa.R.Civ.P. 236(b). As a result, the 10-day window to file post-sentence motions never opened. Thus the matter was remanded for the notice to be sent and further appropriate litigation.