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.
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.
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
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).