Overnite Transportation Co. v. Local Union No. 107

Supreme Court of Pennsylvania

Overnite Transportation Co. v. Local Union No. 107

786 A.2d 173

DecidedDecember 13, 2001

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This text of 786 A.2d 173 (Overnite Transportation Co. v. Local Union No. 107) 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.

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

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Opinion

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 CAPPY dissent.

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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 CAPPY dissent.

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786 A.2d 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/overnite-transportation-co-v-local-union-no-107-pa-2001.

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