Szwerc v. Lehigh Valley Health Network

In Szwerc v. Lehigh Valley Health Network, the Superior Court affirmed the trial court, which denied as untimely Szwerc’s petition for attorney’s fees. The Court held that a motion for counsel fees is properly addressed by a trial court, even though an appeal from the underlying final order was pending that could have changed the movant’s status as a prevailing party. Thus, the motion must be filed while the trial court maintains jurisdiction, i.e., no later than thirty days from the trial court’s final order.