# Middleton v. Brown Middleton

> Superior Court of Pennsylvania · December 2, 2002 · 2002 Pa. Super. 371

URL: https://www.frixlaw.com/law-library/cases/9737263

## Case

- **Full name:** Edmund L. MIDDLETON A/K/A Edmund Lewis Middleton, Appellant, v. Lenora H. BROWN MIDDLETON, Appellee
- **Court:** Superior Court of Pennsylvania
- **Decided:** December 2, 2002
- **Citations:** 2002 Pa. Super. 371; 812 A.2d 1241; 2002 Pa. Super. LEXIS 3768
- **Precedential status:** Published
- **Opinion:** Concurrence by Sole
- **Judges:** Del Sole, P.J., Ford Elliott, Joyce, Stevens, Musmanno, Orie Melvin, Lally-Green, Klein, and Bender
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9737263

## How later opinions describe it (automated extraction)

- holding court’s failure to credit husband for one-half fair rental value of marital residence was not abuse of discretion even though husband voluntarily and generously paid mortgages and expenses of marital home in excess of court - 14 - J-A22038-16 ordered amount for period …

## Opinion text

Concurring
DEL SOLE, P.J.:
¶ 1 I join the Majority. I write separately to invite the Appellate Court Rules Committee to consider modifying Pa. R.A.P.1925.
¶ 2 In Commonwealth v. Lord, 553 Pa. 415 , 719 A.2d 306 (1998), the Supreme Court, recognizing that appellate review is substantially impeded by the absence of a trial court opinion, held that the appellant’s failure to include issues in an ordered 1925(b) statement resulted in waiver. As the court pointed out:
Rule 1925 is intended to aid trial judges in identifying and focusing upon those issues which the parties plan to raise on appeal.
Lord, 719 A.2d at 308 .
¶ 3 I suggest the rule be modified to account for those situations where the trial court’s reasons appear of record, or where the trial court knows what issues will be raised on appeal and prepares an opinion addressing those issues. For instance, in cases where post-trial or post-sentencing motions have been filed, or a single issue is raised in a dispositive motion, the trial court can set forth the reasons for its ruling.
¶4 Given that in many cases, trial judges do not require 1925(b) statements, and waiver is probably the least favored method of resolving issues, the interests of justice may be better served by revisiting this rule.
¶ 5 KLEIN, J., joins.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9737263. Public record. Not legal advice.