Metro Real Estate Investment, LLC v. Siaway

In 2016, Metro filed a breach of contract and negligence action against the defendants. After a non-jury trial, the court awarded Metro a money judgment for $27,000. The defendants appealed. While the case was on appeal, Metro filed a praecipe to issue a writ of execution against Defendant Bembry and his bank as garnishee. Subsequently, judgment by admission was entered against the bank as garnishee, which paid Metro $24,017.70. Next, the Pennsylvania Superior Court reversed the trial court and vacated the judgment against Bembry. Thus, he filed a motion for restitution, seeking to recover the $24,017.70 plus interest from Metro. In Metro Real Estate Investment, LLC v. Siaway, the trial court denied Bembry’s motion, and he appealed. On appeal, Metro argued that the trial court did not have jurisdiction to order the restitution. The Superior Court disagreed and held that, where an appellant obtains a judgment on appeal vacating the judgment entered against him in a trial court, the court has jurisdiction over a motion for restitution and the power to order restitution to effectuate the appellate court’s order. The Court then ruled that, to prevent the unjust enrichment of Metro, Bembry was entitled to restitution for the judgment paid.

METRO-REAL-ESTATE-INVESTMENT

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