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FORTIETH STREET AND FAIRMOUNT AVENUE CHURCH GOD v. HAWES (03/20/70)

SUPREME COURT OF PENNSYLVANIA


decided: March 20, 1970.

FORTIETH STREET AND FAIRMOUNT AVENUE CHURCH OF GOD
v.
HAWES, APPELLANT

Appeal from decree of Court of Common Pleas, Trial Division, of Philadelphia, Oct. T., 1967, No. 1594, in case of Fortieth Street and Fairmount Avenue Church of God and General Assembly of the Church of God v. Horace A. Hawes.

COUNSEL

Harold L. Randolph, with him Nix, Randolph & Watson, for appellant.

Herman Blumenthal, with him Fine, Staud, Silverman and Grossman, for appellees.

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

Author: Per Curiam

[ 437 Pa. Page 407]

This is an appeal from a final decree in equity entered in the court below on April 23, 1969. The appeal was filed in this Court on April 25, 1969, but an

[ 437 Pa. Page 408]

    examination of the record discloses that the writ of certiorari issued by this Court was not lodged in the court below until January 16, 1970. Under such circumstances, the appeal must be quashed.

An appeal, other than that filed under the Act of March 5, 1925, P. L. 23, 12 P.S. §§ 672-675,*fn1 must be perfected within a reasonable time: Matthews Estate, 431 Pa. 616, 246 A.2d 412 (1968); Hodge v. Me-Bee Co., Inc., 429 Pa. 585, 240 A.2d 818 (1968); Fenerty Disbarrment Case, 356 Pa. 614, 52 A.2d 576 (1947), cert. denied, 332 U.S. 773, 68 S. Ct. 89 (1947). And the Act of May 19, 1897, P. L. 67, § 2, 12 P.S. § 1134, specifically provides that an appeal is not perfected until the writ of certiorari is filed in the court below.

In Matthews Estate, supra, we ruled that an appeal perfected eight and one-half months after it was filed was not perfected within a "reasonable time." In other cases, wherein even a shorter period of time elapsed between the entry of the appeal and the lodging of the writ in the lower court, we also ruled that the appeal was not perfected within a "reasonable time." See Hodge v. Me-Bee Co., Inc., supra, [six months]; Fenerty Disbarrment Case, supra, [four months]; and Dziengielewski v. Dickson City School District, 314 Pa. 24, 170 A. 268 (1934) [two months].

In view of the above authorities, it is clear that the instant appeal was not perfected within the required period and, therefore, must be quashed.

It is so ordered. Each side to pay own costs.

Disposition

Appeal quashed.


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