Blake v. Mayo Nursing & Convalescing Home, Inc.

369 A.2d 400, 245 Pa. Super. 274, 1976 Pa. Super. LEXIS 2178

• Court: Superior Court of Pennsylvania
• Decided: November 22, 1976
• Docket: 1619
• Status: Published

Opinions

PRICE, Judge:

This appeal must be quashed. Because the factual basis has no relevance to this disposition, we will not set it forth, except to note that an alleged contract of employment and alleged breach thereof gave rise to this action. Arbitration resulted in an award for appellant, which appellee, as was his right, appealed to the Court of Common Pleas. In a non-jury trial held October 25, 1974 appellant did not appear, and a verdict was entered on that date for appellee in the amount of Fourteen Thousand Forty ($14,040) Dollars. On November 18, 1974 judgment was entered on this verdict.

Thereafter there were voluminous proceedings in the lower court commencing on November 21, 1974 with appellant’s Petition to Open Judgment and/or Set Aside Verdict. The procedural history then becomes quite involved. This appeal was taken June 25, 1975 from the denial on June 17, 1975 of a Petition for Reconsideration.

Disposition of this case is quite clearly governed by the failure of appellant to file exceptions to the non-jury verdict of October 25, 1974. Pa.R.C.P. No. 1038 requires that exceptions be taken within twenty (20) days. Matters not covered by exceptions are waived. The proceedings in the lower court commencing on November 21, 1974 are completely meaningless and avail appellant no route to what is at best a collateral attack on the verdict of October 25, 1974 and the judgment entered thereon on November 18, 1974.

The appeal is quashed.

SPAETH, J., files a dissenting opinion in support of affirmance in which HOFFMAN, J., joins.