Can Court Enter Peremptory Judgment at Any Given Time ?
In Thayer v. Lincoln Borough, 687 A.2d 1195 (Pa. Cmwlth.), appeal denied, 548 Pa. 676, 698 A.2d 598 (1997), this Court noted:
In a mandamus action, Rule 1098 of the Pennsylvania Rules of Civil Procedure permits a court to enter peremptory judgment at any time after the filing of the complaint if the right of the plaintiff is clear . . . .
In granting a motion for peremptory judgment under rule 1098, courts use the same standard which governs the disposition of a motion for summary judgment under Rules 1035.1-1035.5 of the Pennsylvania Rules of Civil Procedure. Washowich v. McKeesport Municipal Water Authority, 94 Pa. Commw. 509, 503 A.2d 1084 (Pa. Cmwlth. 1986) at 1086.
Thus, courts consider both the record actually presented and the potential record at the time of trial. Id. a judgment will be entered only in the clearest of cases where there is no doubt as to the absence of material fact. Id.
The burden of demonstrating that there is no dispute as to a material fact is on the moving party, and the record must be examined in the light most favorable to the nonmoving party.Thayer, 687 A.2d at 1197.