Grant Building Co. v. Ivanciw

Superior Court of Pennsylvania

Grant Building Co. v. Ivanciw

404 A.2d 1348, 266 Pa. Super. 395, 1979 Pa. Super. LEXIS 2266

Superior Court of Pennsylvania·Decided May 31, 1979·No. Nos. 1208 and 1262·Published·Cited by 1 cases

Opinion

PER CURIAM:

This is an appeal from orders striking a confessed judgment in ejectment and dismissing appellant’s complaint without leave to amend. Where a court is petitioned to open judgment, as here, it is error for the court to strike the judgment sua sponte. Baederwood Shopping Center, Inc., v. St. George & Co., Inc., 262 Pa.Super. 55, 396 A.2d 642 (1978). On remand the appellee may still litigate the meritorious defenses alleged in its petition to open.

Order reversed and complaint and judgment reinstated.

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PER CURIAM:

This is an appeal from orders striking a confessed judgment in ejectment and dismissing appellant’s complaint without leave to amend. Where a court is petitioned to open judgment, as here, it is error for the court to strike the judgment sua sponte. Baederwood Shopping Center, Inc., v. St. George & Co., Inc., 262 Pa.Super. 55, 396 A.2d 642 (1978). On remand the appellee may still litigate the meritorious defenses alleged in its petition to open.

Order reversed and complaint and judgment reinstated.

Grant Building Co. v. Ivanciw, 404 A.2d 1348, 266 Pa. Super. 395, 1979 Pa. Super. LEXIS 2266 (Pa. Ct. App. 1979).

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Opinion

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