In Which Circumstances a Motion for Judgment on the Pleadings Would Be Granted ?
In Dunn v. Board of Property Assessment, Appeals and Review of Allegheny County, 877 A.2d 504 (Pa. Cmwlth. 2005), appeal granted in part, 590 Pa. 620, 913 A.2d 863 (2006), this Court restated the scope of review in an appeal from dismissal of a complaint resulting from the trial court's grant of a motion for judgment on the pleadings.
A motion for judgment on the pleadings may be granted only when the pleadings show that no genuine issue of fact exists and that the moving party is entitled to judgment as a matter of law.
Also, the appellate court's review is plenary, and it must determine whether the trial court committed clear error of law or whether any facts were disclosed by the pleadings that should be presented to a jury.
The appellate court must accept as true all well-pleaded facts as averred by the party against whom the motion for judgment on the pleadings was made and may consider only those facts specifically admitted by that party.
Appellate review is confined to the pleadings and any documents or exhibits properly attached thereto, and the record must show that the moving party's case is so clear and free from doubt that a trial is unnecessary.
Only then may an appellate court affirm the trial court's order. See also Pentlong Corp. v. GLS Capital, Inc., 573 Pa. 34, 820 A.2d 1240 (2003).