Overnite Transportation Co. v. Local Union No. 107

Supreme Court of Pennsylvania

Overnite Transportation Co. v. Local Union No. 107

786 A.2d 173, 567 Pa. 134, 2001 Pa. LEXIS 2664

Supreme Court of Pennsylvania·Decided December 13, 2001·No. Petition No. 533 MAL 2001·Published·Cited by 1 cases

Opinion

[135]*135 ORDER

PER CURIAM.

AND NOW, this 13th day of December, 2001, the Petition for Allowance of Appeal is GRANTED. The appeal below was untimely filed and there was no showing of fraud or a breakdown in the court’s operation to permit entertaining the appeal. The Superior Court lacked jurisdiction over the appeal. Accordingly, the order of the Superior Court is REVERSED. See West Penn Power Co. v. Goddard, 460 Pa. 551, 333 A.2d 909, 912 (1975) (time for taking appeal cannot be extended as matter of grace).

ZAPPALA and GAPPY dissent.

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[135]*135 ORDER

PER CURIAM.

AND NOW, this 13th day of December, 2001, the Petition for Allowance of Appeal is GRANTED. The appeal below was untimely filed and there was no showing of fraud or a breakdown in the court’s operation to permit entertaining the appeal. The Superior Court lacked jurisdiction over the appeal. Accordingly, the order of the Superior Court is REVERSED. See West Penn Power Co. v. Goddard, 460 Pa. 551, 333 A.2d 909, 912 (1975) (time for taking appeal cannot be extended as matter of grace).

ZAPPALA and GAPPY dissent.

Overnite Transportation Co. v. Local Union No. 107, 786 A.2d 173, 567 Pa. 134, 2001 Pa. LEXIS 2664 (Pa. 2001).

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786 A.2d 173 (Overnite Transportation Co. v. Local Union No. 107) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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