Opinion

Dalesandro v. Unemployment Compensation Board of Review

  • 155 Pa. Commw. 605
  • 625 A.2d 1291
  • 1993 Pa. Commw. LEXIS 312
Court
Commonwealth Court of Pennsylvania
Filed
May 19, 1993
Status
Published
Author
Craig
On the bench
Craig, McGinley, Silvestri
Cited by
2 cases
Authority
More cited than 51.2%

holding that “[w]hen issues are not properly raised and developed in briefs, when the briefs are wholly inadequate to present specific issues for review, a court will not consider the merits thereof”

How later courts described this case

  • holding that “[w]hen issues are not properly raised and developed in briefs, when the briefs are wholly inadequate to present specific issues for review, a court will not consider the merits thereof”
  • “The fatal flaw in [Claimant’s] brief is that she has not supplied any statement of the questions involved on appeal.”

Written by the judges who cited it.

The opinion

CRAIG, President Judge.

The claimant, Barbara Dalesandro, here appeals a decision of the Unemployment Compensation Board of Review affirming the decision of a referee who had affirmed the decision of the Bureau of Unemployment Compensation Benefits and Allowances that denied Dalesandro’s petition for unemployment compensation benefits. We must quash Dalesandro’s appeal because of substantial defects in her brief.

Dalesandro’s brief is one page in length. Of the seven elements required for an appellant’s brief by Pa.R.A.P. 2111(a), she lacks six. Dalesandro’s brief lacks a statement of jurisdiction (Rule 2114), the order in question (Rule 2115), the statement of the questions involved on appeal (Rule 2116), a summary of her argument (Rule 2118), an argument (Rule *607 2119) and a statement of the relief she seeks (Rule 2111). Although this court is not required to quash or dismiss an appeal for every technical deviation from the rules, Pa.R.A.P. 2101 provides that:

Briefs and reproduced records shall conform in all material respects with the requirements of these rules as nearly as the circumstances of the particular case will admit, otherwise they may be suppressed, and, if the defects are in the brief or reproduced record of the appellant and are substantial, the appeal or other matter may be quashed or dismissed.

This court has stated before that “[w]e decline to become appellant’s counsel. When issues are not properly raised and developed in briefs, when the briefs are wholly inadequate to present specific issues for review, a court will not consider the merits thereof.” Sudduth v. City of Pittsburgh, 135 Pa.Commonwealth Ct. 392, 580 A.2d 929 (1990) (citing Commonwealth v. Sanford, 299 Pa.Superior Ct. 64, 445 A.2d 149 (1982)).

The fatal flaw in Dalesandro’s brief is that she has not supplied any statement of questions involved on appeal. Pa. R.A.P. 2116(a) provides that:

The statement of the questions involved must state the question or questions in the briefest and most general terms, without names, dates, amounts or particulars of any kind. It should not ordinarily exceed 15 lines, must never exceed one page, and must always be on a separate page, without any other matter appearing thereon. This rule is to be considered in the highest degree mandatory, admitting of no exception; ordinarily no point will be considered which is not set forth in the statement of questions involved or suggested thereby. (Emphasis added.)

The contents of Dalesandro’s brief can only be characterized as a narrative of events which we cannot review. There are theoretically innumerable reasons for any appeal, but we cannot attempt to generate the questions to be reviewed.

Accordingly, we must quash Dalesandro’s appeal from the order of the board denying her petition for reconsideration.

*608 ORDER

NOW, May 19, 1993, the above-captioned appeal is hereby quashed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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