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NORRISTOWN SCHOOL DISTRICT v. GLOVER (07/01/68)

decided: July 1, 1968.

NORRISTOWN SCHOOL DISTRICT
v.
GLOVER, APPELLANT



Appeal from order of Court of Common Pleas of Montgomery County, No. 66-1313, in case of School District of Borough of Norristown v. Albert A. Glover.

COUNSEL

James R. Caiola, with him Harry N. Moran, Jr., for appellant.

Desmond J. McTighe, with him Horace A. Davenport, John C. Bonner, and McTighe, Koch, Brown & Weiss, for appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Chief Justice Bell. Mr. Justice Roberts agrees that the appeal should be quashed, but believes that it is unnecessary for the Court to express any view as to the merits of the petition under Rule 68-1/2 since that petition was untimely filed. Dissenting Opinion by Mr. Justice Musmanno.

Author: Bell

[ 431 Pa. Page 54]

Albert A. Glover took an appeal on March 20, 1967 from the Order of the lower Court dated December 27, 1966, dismissing him from his position as a school teacher employed by the School District of Norristown. This was error. The proper procedure was to file a petition for certiorari under Supreme Court Rule 68-1/2 within thirty days from the date of the Order sought to be reviewed. No petition was filed within the 30-day time limit. Thereafter, on May 23, 1968, a petition on Glover's behalf for the allowance of an appeal nunc pro tunc under Rule 68-1/2 was filed. We find no justification for this delay and no merit in this petition. Rape Appeal, 430 Pa. 87, 242 A.2d 222.

Petition denied, and appeal quashed.

Disposition

Petition denied; appeal quashed.

Dissenting Opinion by Mr. Justice Musmanno:

I believe that it is unfair to the appellant Albert A. Glover that his appeal should be denied on a technicality. We have before us a substantial question and it should be decided on its merits.

Albert A. Glover is a school teacher and for nearly 30 years ably and properly taught the children in his classes. During that time he enjoyed a good reputation for proficiency in his work and loyalty to the school. Then he was charged with certain acts of impropriety, having to do with the sale of tickets to high school basketball games. The School Board held hearings and by a two-thirds majority vote dismissed ...


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