Statement of Matters Complained of on Appeal Pennsylvania
In Com. v. Lord, 553 Pa. 415, 719 A.2d 306 (1998), the supreme court held that from October 28, 1998, forward, in order to preserve claims for appellate review, an appellant must comply whenever the trial court orders the filing of a statement of matters complained of on appeal pursuant to Pa.R.A.P. 1925. "Any issues not raised in a 1925(b) statement will be deemed waived." Id. 553 Pa. at 420. 719 A.2d at 309.
Counsel failed to file a 1925(b) statement within 14 days, or, indeed, prior to the filing of the lower court's memorandum opinion on March 25, 1999. the requested statement was filed with the lower court on April 16, 1999, and transmitted to this court on the same day.
The trial court never had the opportunity to address the issues raised on appeal since it did not have the benefit of the statement.
In Lord, the supreme court noted the importance of Rule 1925 in the appellate process.
It is intended as an aid to trial judges in identifying and focusing upon those issues which the parties plan to raise on appeal. Id. 553 Pa. at 419. 719 A.2d at 308.