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FRANCIS v. JOHN A. BRASHEAR MERGED SCHOOL DISTRICT (11/11/69)

SUPREME COURT OF PENNSYLVANIA


decided: November 11, 1969.

FRANCIS, APPELLANT,
v.
JOHN A. BRASHEAR MERGED SCHOOL DISTRICT

Appeal from judgment of Court of Common Pleas of Fayette County, Dec. T., 1963, No. 416, in case of Regina G. Francis v. John A. Brashear Merged School District.

COUNSEL

Fred C. Adams, with him Coldren and Adams, for appellant.

Richard D. Cicchetti, for appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ.

Author: Per Curiam

[ 435 Pa. Page 589]

This is an action in mandamus.

On March 3, 1966, the court below entered judgment for the defendant on the pleadings. On March 17th, a petition for reargument was filed which was granted on April 7th. No stay of the proceedings was requested or directed. On February 6, 1969, the court reaffirmed the judgment entered on March 3, 1966.*fn1

[ 435 Pa. Page 590]

The present appeal was filed on February 26, 1969.

Unfortunately for the appellant, the appeal is untimely and must be quashed. The judgment entered on March 3, 1966, was a final judgment, and the statutory period for appeal began to run immediately. Absent an order staying the proceedings, the granting of reargument did not open the judgment or otherwise result in extending the time for appeal fixed by statute. Erie v. Piece of Land, 341 Pa. 310, 17 A.2d 399 (1941).

Appeal quashed.

Disposition

Appeal quashed.


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