For many litigants, a trial court’s decision feels like the end of the case. In reality, however, civil litigation often continues into the appellate courts. Even then, appellate practice is fundamentally different from trial practice, with the latter being our focus. Lawyers frequently describe appeals as a “separate animal.” The appellate rules often challenge even experienced lawyers. Thus, a person proceeding pro se (without lawyer) should be especially weary about appellate procedure.
Here are three common mistakes that litigants make:
- Failing to Timely the Correct Paperwork to support the Appeal
- Failing to Understand that Certain Types of Orders are Nearly Impossible to Appeal
- Failing to Preserve Rights While an Appeal is Pending.
Understanding these concepts before you embark on an expensive and/or time consuming appeal can save you dozens of hours of time and thousands of dollars.
1. Filing the Correct Paperwork to Support the Appeal
Common sense dictates that a party unhappy with a judge’s ruling or a jury’s verdict must ask the trial judge to address the situation and correct it, before involving the appellate courts. For example, many litigants know the necessity of filing a timely motion for post trial relief and/or reconsideration.
But those things are not enough.
An appealing litigant must also file a timely “notice of appeal.” Perhaps the most unforgiving rule in appellate practice is the deadline for filing a notice of appeal. In Pennsylvania, a notice of appeal generally must be filed within 30 days after the entry of the order being challenged.
Many self-represented litigants are surprised to learn that this deadline is not merely a procedural guideline. It is strictly jurisdictional. In other words, if a notice of appeal is filed late, the appellate court lacks jurisdiction to consider the appeal. It does not matter that the litigant acted in good faith. It does not matter that the litigant substantially complied with other procedural requirements.
A Recent Example: Khalil v. Mary Jane Home Enrichment Center, Inc.
In Khalil v. Mary Jane Home Enrichment Center, Inc. (Docket No. 16 EAP 2025), the Supreme Court of Pennsylvania reaffirmed these principles on August 5, 2026.
The case arose from a landlord-tenant dispute filed in 2018. Sandra Khalil alleged that unsafe living conditions caused her to lose personal property. After several years of litigation, the trial court entered an order on April 18, 2023. The order granted the motion of Khalil’s pro bono counsel to withdraw from representation.
Khalil believed the withdrawal order was legally erroneous. Accordingly, she sought relief from the trial court by filing a motion for reconsideration on May 17, 2023. The trial court denied reconsideration on June 2, 2023. One week later, on June 9, 2023, Khalil filed her notice of appeal.
From a practical standpoint, her actions appeared entirely reasonable. She first asked the trial court to reconsider its ruling. Then, after that request was denied, she promptly filed an appeal.
Unfortunately, appellate procedure does not always operate according to what seems fair or intuitive.
The Trap of Reconsideration
The Supreme Court explained that two well-established principles of Pennsylvania appellate procedure controlled the outcome.
First, simply filing a motion for reconsideration does not toll, suspend, or restart the 30-day deadline for filing a notice of appeal. Instead, the appeal period continues to run. It stops only if the trial court expressly grants reconsideration within the time permitted by the Rules of Appellate Procedure.
Second, an order denying reconsideration generally is not itself an appealable order. Consequently, a litigant cannot preserve appellate rights by waiting to appeal until after the trial court denies reconsideration.
That is exactly what happened here. Khalil waited for the trial court to rule on her motion before filing a notice of appeal. By then, the 30-day appeal period had expired. Her notice of appeal was filed 52 days after the original order. As a result, the appellate courts lacked jurisdiction to consider the merits of her arguments.
2. Certain Types of Orders Are Nearly Impossible to Appeal
Let’s talk about two type of orders that can be impossible to appeal: interlocutory orders and consent orders.
Interlocutory Orders
Not every trial court order can be appealed immediately. The order must be a “final order” disposing of the entire case, for the order to be ripe for appeal. Otherwise, it’s considered “interlocutory” and generally not appealable. See Pa.R.P. 313. Examples include many discovery rulings, evidentiary decisions, and other pretrial orders.
Thus, a party usually must wait until the trial court enters a final order that disposes of all claims against all parties. Only then may the party challenge earlier interlocutory rulings on appeal.
Example: Let’s say you think that the judge on your case doesn’t like you. He’s entered a string of orders in the opposing party’s favor. You move to recuse the judge from your case, but the court enters an order denying your request. Here, the judge’s order denying your motion to recuse is interlocutory, meaning it is not a final order and cannot be appealed immediately as a matter of right. Under Pennsylvania Rules of Appellate Procedure, such a denial is not an appealable collateral order, so an immediate appeal will typically be denied by the appellate court for lack of jurisdiction.
There are important exceptions. Certain interlocutory orders are appealable as of right, while others may be appealed only with permission from the trial court or the appellate court. Because these exceptions are narrowly defined, determining whether an interlocutory order may be appealed is often one of the most difficult questions in appellate practice. Filing an appeal too early can result in the appeal being quashed. Waiting too long can forfeit appellate rights altogether.
Consent Orders: Agreements That Usually End the Case
Another category of orders that almost never can be appealed is a consent order or consent judgment. Unlike a traditional court order, a consent order is not the result of a judge deciding a disputed legal issue. Instead, it is an agreement negotiated by the parties and approved by the court. In many respects, it operates like a contract between the parties.
The Pennsylvania Superior Court recently reaffirmed this long-standing rule in Shanklin v. Eshai Corp., 2026 PA Super 160 (Pa. Super. July 28, 2026), a precedential decision. There, the parties settled a class action wage dispute and agreed to the entry of a consent judgment in favor of the plaintiff class for more than $1.4 million. After the judgment was entered, the plaintiff attempted to appeal an earlier order denying leave to amend the complaint. The Superior Court quashed the appeal. It explained that a consent judgment generally is not appealable because it reflects the parties’ own agreement, not a legal determination made by the court.
Pennsylvania recognizes only narrow exceptions to this rule. An appeal may proceed if the consent order expressly reserves the right to appeal or if the record clearly demonstrates that the parties anticipated appellate review. Otherwise, the appellate courts lack jurisdiction to review the matter.
Likewise, a party ordinarily cannot avoid a consent judgment simply because he or she later regrets the agreement or believes the result was unfair. Like any contract, a consent judgment generally may be set aside only upon proof of extraordinary circumstances, such as fraud, mutual mistake, duress, accident, or a lack of authority or consent.
Challenges based on these types of circumstances ordinarily must be raised in the trial court through a request to set aside or modify the consent judgment, rather than through a direct appeal.
3. Preserving Rights While the Appeal is Pending
Even after a party successfully files an appeal, the case is not over. In fact, some of the most serious appellate mistakes occur after the notice of appeal has already been filed.
One common misunderstanding is that filing an appeal automatically stops the trial court’s judgment from being enforced. It does not. In Pennsylvania, an appeal generally does not operate as an automatic stay of execution. Unless a party takes additional steps to obtain a stay, the winning party may still attempt to collect on the judgment while the appeal is pending.
This issue is especially important in cases involving money judgments. For example, if a defendant loses a civil case at trial and receives an adverse judgment, the defendant may believe that filing an appeal protects against collection efforts. However, without a timely request for a stay of execution, the plaintiff may begin enforcement proceedings. Those proceedings can include placing liens on property, initiating collection actions, or even freezing bank accounts — of an an individual or an entire company! — while the appeal is still pending.
Obtaining a stay often requires careful attention to timing and procedure. In many cases, a party must request a stay from the trial court and may be required to post security, such as a supersedeas bond, to protect the judgment creditor during the appeal.
This is another example of why appellate practice is a “separate animal.” The right to appeal is only the beginning.
The greatest appellate mistakes are often not failures of legal argument. They are failures of procedure. A missed deadline, an improper appeal, or a failure to preserve the status quo during the appeal can have consequences that cannot easily be undone.
The Takeaway
Ultimately, appellate litigation demands meticulous attention to procedural rules. The best way to avoid the challenges of an appeal is to avoid needing one in the first place. At the trial court level, retaining experienced and strategic litigation counsel as early as possible can help identify issues, preserve important rights, and minimize the risk of avoidable errors or adverse rulings.
At our firm, the focus is not appellate work.
Rather, our entire focus is making sure things are handled correctly at the trial court level to avoid the need for an appeal.
DISCLAIMER: This article is intended for general informational purposes only and is not legal advice. Appellate deadlines and procedures are highly technical, and every case depends on its specific facts and circumstances. Anyone facing a potential appeal, or who believes an appellate issue may exist, should consult with an experienced attorney promptly to evaluate their options and protect their rights.
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