Nardo v. Smith

Supreme Court of Pennsylvania

Nardo v. Smith

292 A.2d 377, 448 Pa. 38, 1972 Pa. LEXIS 428

CourtSupreme Court of Pennsylvania

DecidedJune 28, 1972

DocketAppeal, No. 22

StatusPublished

Cited by10 cases

This text of 292 A.2d 377 (Nardo v. Smith) 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.

Bluebook

Nardo v. Smith, 292 A.2d 377, 448 Pa. 38, 1972 Pa. LEXIS 428 (Pa. 1972).

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Opinion

Per Curiam,

This is an appeal from a final decree in equity.

The decree appealed from was entered in the court below on July 12, 1971. Under the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P. L. 673, §502(a), 17 P.S. §211.502(a) (Supp. 1972), the appeal was required to be filed within thirty (30) days of the entry of the decree in the court below. The in[39]*39stant appeal was not filed until August 12, 1971, or thirty-one (81) days after the entry of the decree in the court below.

Where an act of assembly fixes the time within which an appeal may be taken, the time may not be extended as a matter of indulgence. See, e.g., Luckenbach v. Luckenbach, 443 Pa. 417, 281 A. 2d 169 (1971), and cases cited therein.

Appeal quashed. Each party to pay own costs.

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Opinion

Per Curiam,

This is an appeal from a final decree in equity.

The decree appealed from was entered in the court below on July 12, 1971. Under the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P. L. 673, §502(a), 17 P.S. §211.502(a) (Supp. 1972), the appeal was required to be filed within thirty (30) days of the entry of the decree in the court below. The in[39]*39stant appeal was not filed until August 12, 1971, or thirty-one (81) days after the entry of the decree in the court below.

Where an act of assembly fixes the time within which an appeal may be taken, the time may not be extended as a matter of indulgence. See, e.g., Luckenbach v. Luckenbach, 443 Pa. 417, 281 A. 2d 169 (1971), and cases cited therein.

Appeal quashed. Each party to pay own costs.

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Bluebook (online)

292 A.2d 377, 448 Pa. 38, 1972 Pa. LEXIS 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nardo-v-smith-pa-1972.

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