Fisher v. Findlay

Superior Court of Pennsylvania

Fisher v. Findlay

438 A.2d 1000, 293 Pa. Super. 293, 1981 Pa. Super. LEXIS 3905

Superior Court of Pennsylvania·Decided December 18, 1981·No. No. 852·Published·Cited by 2 cases

Opinions

PER CURIAM:

Appellants have filed their appeal from the lower court’s order refusing appellants’ motion to set aside judgment of compulsory non-suit. Because the order has not been reduced to judgment and docketed, on the basis of Pa.R.A.P. 301(c) the appeal is untimely. Durkin & Sons, Inc. v. Nether Providence Township School Authority, 291 Pa.Superior Ct. 402, 435 A.2d 1288 (1981).

Appeal quashed.

VAN der VOORT, J., filed a dissenting opinion.

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PER CURIAM:

Appellants have filed their appeal from the lower court’s order refusing appellants’ motion to set aside judgment of compulsory non-suit. Because the order has not been reduced to judgment and docketed, on the basis of Pa.R.A.P. 301(c) the appeal is untimely. Durkin & Sons, Inc. v. Nether Providence Township School Authority, 291 Pa.Superior Ct. 402, 435 A.2d 1288 (1981).

Appeal quashed.

VAN der VOORT, J., filed a dissenting opinion.

Fisher v. Findlay, 438 A.2d 1000, 293 Pa. Super. 293, 1981 Pa. Super. LEXIS 3905 (Pa. Ct. App. 1981).

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