Raynor v. D'Annunzio
Citation | 205 A.3d 1252 |
Decision Date | 08 March 2019 |
Docket Number | No. 3313 EDA 2017,3313 EDA 2017 |
Court | Superior Court of Pennsylvania |
Parties | Nancy K. RAYNOR, Esquire and Raynor & Associates, P.C., Appellants v. Matthew D'ANNUNZIO, Esquire; Klehr Harrison Harvey Branzburg LLP ; William T. Hill, Esquire; Messa & Associates, P.C.; Joseph Messa, Jr., Esquire and Rosalind W. Sutch, as Executrix of the Estate of Rosalind Wilson, Deceased |
Clifford E. Haines, Philadelphia, for appellant.
H. Robert Fiebach, Philadelphia, for Harvey, D'Annunzio, Hill, and Sutch, appellees.
Robert S. Tintner, Philadelphia, for Messa & Assoc., and Messa, J., appellees.
BEFORE: BENDER, P.J.E., LAZARUS, J., AND FORD ELLIOTT, P.J.E.
OPINION BY FORD ELLIOTT, P.J.E.:
Nancy K. Raynor, Esq., and Raynor & Associates, P.C. (collectively, "appellants"), appeal from the August 29, 2017 order entered by the Court of Common Pleas of Philadelphia County sustaining preliminary objections filed by Matthew D'Annunzio, Esq.; Klehr Harrison Harvey Branzburg LLP; William T. Hill, Esq.; Messa & Associates, P.C.; Joseph Messa, Jr., Esq.; and Rosalind W. Sutch, as executrix of the Estate of Rosalind Wilson, deceased (collectively, "appellees"), and dismissing appellants' complaint with prejudice. After careful review, we affirm in part, reverse in part, and remand for further proceedings.
The trial court provided the following synopsis of the relevant facts and procedural history:
during a May 3, 2007 emergency room visit resulted in a missed opportunity to diagnose and treat Decedent Rosaline [sic] Wilson's lung cancer. The Sutch trial commenced on May 21, 2012. As a result of a pre-trial ruling on a motion in limine , [Ms.] Raynor and Roxborough were precluded from presenting evidence or argument regarding Rosaline [sic] Wilson's history of smoking. At the start of the defense case, [Messrs.] Messa and D'Annunzio requested an order from the trial judge, the Honorable Paul Panepinto, directing [Ms.] Raynor to inform her witnesses of the ban on smoking immediately before they took the stand. Judge Panepinto responded:
and other issues with Ms. Wilson's carotid artery.
The following day, Judge Panepinto held an in camera conference concerning the reference to smoking. At the conference, [Mr.] Messa argued i) [Ms.] Raynor acted intentionally or recklessly in asking the question, ii) [Ms.] Raynor lied to the Court when she stated that she had informed Dr. Kelly about the preclusion of testimony related to smoking, and iii) the Court should grant a mistrial, or in the alternative, grant sanctions such as striking Dr. Kelly's testimony, striking Dr. Geller's entire defense, disqualifying [Ms.] Raynor as counsel, and/or providing a curative instruction. Judge Panepinto denied the request for a mistrial and chose to give a curative instruction to the jury. On June 8, 2012, the jury returned a verdict in favor of [Ms.] Sutch for $ 190,000.
[Ms.] Sutch, through her counsel[, Messrs.] Messa and D'Annunzio, filed post-trial motions seeking a new trial due to Dr. Kelly's smoking reference, and, in the event Judge Panepinto granted the new trial, seeking sanctions against [Ms.] Raynor and her clients in the amount of [counsel] fees and costs incurred in preparing for and attending the original trial. Judge Panepinto granted the request for a new trial.
Trial court opinion, 8/29/17 at 1-4 ( ).
This court affirmed the trial court's order granting a new trial on November 4, 2013. See Sutch v. Roxborough Mem'l Hosp. , 91 A.3d 1273 (Pa.Super. 2013) (unpublished memorandum).
Subsequently, on March 11, 2014, the trial court ordered a hearing on [appellees'] motion for contempt/sanctions, limited to issues concerning whether sanctions should be imposed. The order stated, "Any evidence with regard to the type of sanctions to be imposed, monetary or otherwise will be held under advisement pending the scheduling of a subsequent hearing if necessary." (See Trial Court Order, filed March 11, 2014, at 1[ ].) On March 14, 2014, Ms. Raynor filed a motion to determine the nature of the sanctions sought by [appellees. Appellees] responded and specified costs and fees under 42 Pa.C.S.A. § 2503(7) for dilatory, obdurate, or vexatious conduct; civil contempt; and direct criminal contempt.
Sutch v. Roxborough Mem'l Hosp. , 142 A.3d 38, 55 (Pa.Super. 2016) (citation omitted). Prior to the hearing, the trial court indicated that it would not take up the matter as a criminal proceeding for criminal contempt. Id. at 56.
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