BROCKLEHURST BY BROCKLEHURST v. WATSON


409 Pa.Super. 1 (1991)

597 A.2d 631

Amber Dawn BROCKLEHURST, a Minor by David BROCKLEHURST, Her Father and Natural Guardian and David Brocklehurst and Karen Brocklehurst, Husband and Wife, Appellees, v. David Thomas WATSON and Cheryl A. Watson v. David BROCKLEHURST and Karen Brocklehurst, Husband and Wife, Appellees. Appeal of David Thomas WATSON and Cheryl A. Watson.

Superior Court of Pennsylvania.

Filed September 5, 1991.

Reargument Denied November 4, 1991.


Attorney(s) appearing for the Case

William J. Madden, Sharon, for appellants.

Robert G. Yeatts, Hermitage, for appellee Amber Dawn Brocklehurst.

Anna B. Jones, Mercer, for appellee David Brocklehurst.

Before DEL SOLE, TAMILIA and HUDOCK, JJ.


HUDOCK, Judge:

Following a verdict in their favor, Appellees filed a motion for delay damages under Pa.R.C.P., Rule 238, 42 Pa. C.S.A. Appellants objected to the award of delay damages because the motion was not timely filed. The trial court considered the motion on the merits and awarded delay damages of $6,998.82.

Initially we must determine whether the trial court erred by considering the untimely filed motion for delay damages. Rule 238(c) reads in its...

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