Alles v. Commonwealth, Department of Transportation

Supreme Court of Pennsylvania

Alles v. Commonwealth, Department of Transportation

773 A.2d 126

CourtSupreme Court of Pennsylvania

DecidedMay 31, 2001

StatusPublished

Cited by3 cases

This text of 773 A.2d 126 (Alles v. Commonwealth, Department of Transportation) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alles v. Commonwealth, Department of Transportation, 773 A.2d 126 (Pa. 2001).

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Opinion

ORDER

PER CURIAM:

AND NOW, this 31st day of May, 2001, the order of the Court of Common Pleas of Chester County granting a nunc pro tunc appeal to Appellee is reversed. Bass v. Commonwealth, 485 Pa. 256, 401 A.2d 1133 (1979) (negligence of counsel is not grounds for the grant of a nunc pro tunc appeal). As Appellee’s statutory appeal was untimely, 42 Pa.C.S. § 5571(b), the Court of Common Pleas of Chester County did not have jurisdiction. Anderson v. PennDOT, 744 A.2d 825 (Pa.Cmwlth.2000) (grant of nunc pro tunc appeal was error, statutory appeal was untimely, and statutory appeals court did not have jurisdiction). Accordingly, the order of the Court of Common Pleas of Chester County sustaining Appellee’s statutory appeal is also reversed, and the suspension of Appellee’s driver’s license is reinstated.

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ORDER

PER CURIAM:

AND NOW, this 31st day of May, 2001, the order of the Court of Common Pleas of Chester County granting a nunc pro tunc appeal to Appellee is reversed. Bass v. Commonwealth, 485 Pa. 256, 401 A.2d 1133 (1979) (negligence of counsel is not grounds for the grant of a nunc pro tunc appeal). As Appellee’s statutory appeal was untimely, 42 Pa.C.S. § 5571(b), the Court of Common Pleas of Chester County did not have jurisdiction. Anderson v. PennDOT, 744 A.2d 825 (Pa.Cmwlth.2000) (grant of nunc pro tunc appeal was error, statutory appeal was untimely, and statutory appeals court did not have jurisdiction). Accordingly, the order of the Court of Common Pleas of Chester County sustaining Appellee’s statutory appeal is also reversed, and the suspension of Appellee’s driver’s license is reinstated.

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773 A.2d 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alles-v-commonwealth-department-of-transportation-pa-2001.

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