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KING ATHLETIC GOODS COMPANY AND PRO SPORTING GOODS COMPANY v. REDEVELOPMENT AUTHORITY CITY PHILADELPHIA (10/05/78)

decided: October 5, 1978.

KING ATHLETIC GOODS COMPANY AND PRO SPORTING GOODS COMPANY, APPELLANTS,
v.
REDEVELOPMENT AUTHORITY OF THE CITY OF PHILADELPHIA, APPELLEE



No. 435 January Term 1976, Appeal from a Final Decree in Equity of the Court of Common Pleas of Philadelphia, at No. 6300 September Term 1969

COUNSEL

Lewis Kates, Philadelphia, for appellants.

Thomas D. Watkins, Dennis L. Friedman, Philadelphia, for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Nix and Manderino, JJ. Pomeroy, J., did not participate in the consideration or decision of this case.

Author: Eagen

[ 481 Pa. Page 506]

OPINION OF THE COURT

In this equity action, the Court of Common Pleas of Philadelphia entered a final decree on February 20, 1973, directing the Redevelopment Authority of Philadelphia (Authority) to pay the plaintiffs, King Athletic Goods Company and Pro Sporting Goods Company, the total sum of $67,359.47, in payment of the sum the plaintiffs had expended in the relocation and reinstallation of machinery made necessary by the condemnation of certain real estate. On appeal, we ruled that in view of an agreement entered into by the plaintiffs and Authority, and relevant provisions of the Eminent Domain Code, the Act of June 22, 1964, Special Session, P.L. 84, Art. VI, §§ 1-101 et seq., 26 P.S. §§ 1-101, et seq., then extant, the plaintiffs' recovery may not exceed $25,000.00. Hence, on July 1, 1974, we vacated the decree of the Court of Common Pleas and remanded the record to that court "for the purpose of entering a decree in accordance with this opinion." See King Athletic Goods Company v. Redevelopment Authority, 457 Pa. 17, 323 A.2d 727 (1974) [Hereinafter: King I ].

As a result of our mandate, the Court of Common Pleas on February 21, 1975,*fn1 without a hearing, vacated its decree of February 20, 1973, and entered a new decree awarding the plaintiffs, King Athletic Goods Company and Pro Sporting Goods Company, the sum of $50,000.00 against Authority. The prothonotary was directed to enter a judgment in the amount specified and to give notice of the decree to counsel for all party litigants.*fn2

On June 23, 1975, no exceptions or appeals having been filed, judgment was entered as the court directed, and notice

[ 481 Pa. Page 507]

    of the judgment was given pursuant to Pa.R.C.P. 236. The notice was received by Authority on June 26, 1975.*fn3

On February 4, 1976, Authority filed a petition in the Court of Common Pleas to strike off and vacate the judgment. The court stayed all proceedings pending disposition of the petition and granted a rule to show cause. The plaintiffs filed preliminary objections and an answer to the petition to strike.

On April 8, 1976, the court struck off the judgment entered on June 23, 1975, vacated its decree of February 21, 1975, and entered a new decree awarding the plaintiffs damages in the amount of $25,000.00, and directing the prothonotary to enter judgment for this amount in favor of ...


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