In past newsletters, we have discussed the question of when a post-trial motion is required in a state court civil case. This remains a murky area, and one fraught with pitfalls even for experienced appellate advocates, as a recent appellant decision demonstrates.

Newman Development Group of Pottstown, Inc. v. Genuardi’s Family Market, Inc. began its litigation life as a commercial lease dispute, but the procedural controversy it engendered has far more significant legal ramifications than the factual decision on the merits. After a bench trial, followed by post-trial motions, the parties filed cross-appeals. The Superior Court affirmed in part, but vacated and remanded the damage award against Genuardi’s as inconsistent with the provisions of the parties’ lease. On remand, the trial court recalculated the damage award based on briefing and argument, without any new evidentiary proceeding. Genuardi’s still disagreed with the damage calculation.