Commonwealth v. Quatrini

Commonwealth Court of Pennsylvania

Commonwealth v. Quatrini

409 A.2d 1373, 48 Pa. Commw. 320, 1980 Pa. Commw. LEXIS 992

CourtCommonwealth Court of Pennsylvania

DecidedJanuary 4, 1980

DocketAppeal, No. 2777 C.D. 1978

StatusPublished

Cited by2 cases

This text of 409 A.2d 1373 (Commonwealth v. Quatrini) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Quatrini, 409 A.2d 1373, 48 Pa. Commw. 320, 1980 Pa. Commw. LEXIS 992 (Pa. Ct. App. 1980).

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Opinion

Opinion by

Judge Rogers,

The Department of Transportation mailed to the appellant, Matthew Carlo Quatrini, notice of the suspension of his motor vehicle operator’s license on June 16, 1978. On July 19, 1978 Quatrini filed his appeal in the Court of Common Pleas of Westmoreland County. Section 5571(b) of the Judicial Code, 42 Pa. C.S. §5571(b) provides that appeals from actions of governmental units to Courts must be filed within 30 days from the entry of the order appealed. Section 5572, 42 Pa. C.S. §5572 provides that where service is by mail, the date of mailing is the date of the entry of the order. Since Quatrini failed to file a timely appeal, the court below, where the issue was unfortunately not raised, was without jurisdiction so that we must reverse its order in favor of Quatrini and reinstate the Department’s order of suspension.

Order

And Now, this 4th day of January, 1980, it is ordered that the order of the Court of Common Pleas of Westmoreland County, dated November 6, 1978, be and the same hereby is reversed, and the order of the Department of Transportation made June 16, 1978 suspending the appellee’s operating privileges be and the same hereby is reinstated.

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Opinion by

Judge Rogers,

The Department of Transportation mailed to the appellant, Matthew Carlo Quatrini, notice of the suspension of his motor vehicle operator’s license on June 16, 1978. On July 19, 1978 Quatrini filed his appeal in the Court of Common Pleas of Westmoreland County. Section 5571(b) of the Judicial Code, 42 Pa. C.S. §5571(b) provides that appeals from actions of governmental units to Courts must be filed within 30 days from the entry of the order appealed. Section 5572, 42 Pa. C.S. §5572 provides that where service is by mail, the date of mailing is the date of the entry of the order. Since Quatrini failed to file a timely appeal, the court below, where the issue was unfortunately not raised, was without jurisdiction so that we must reverse its order in favor of Quatrini and reinstate the Department’s order of suspension.

Order

And Now, this 4th day of January, 1980, it is ordered that the order of the Court of Common Pleas of Westmoreland County, dated November 6, 1978, be and the same hereby is reversed, and the order of the Department of Transportation made June 16, 1978 suspending the appellee’s operating privileges be and the same hereby is reinstated.

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Bluebook (online)

409 A.2d 1373, 48 Pa. Commw. 320, 1980 Pa. Commw. LEXIS 992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-quatrini-pacommwct-1980.

Opinion

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