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MILTON DRESNER v. I. POVLOW (06/15/79)

SUPERIOR COURT OF PENNSYLVANIA


decided: June 15, 1979.

MILTON DRESNER
v.
I. POVLOW, A/K/A IRVIN E. POVLOW, MORRIS GOLTZ, AND SOL GOLTZ, APPELLANTS

No. 1782 October Term, 1978, Appeal from the Order of the Court of Common Pleas of Montgomery County, Civil Action -- Equity, No. 71-12852.

COUNSEL

Joseph J. Hylan, Norristown, for appellants.

Roderick D. Mathewson, Norristown, for appellee.

Price, Spaeth, and Lipez, JJ.

Author: Per Curiam

[ 267 Pa. Super. Page 89]

On July 28, 1977, after testimony was taken in this equity action, the Court of Common Pleas of Montgomery County,

[ 267 Pa. Super. Page 90]

    by Chancellor Vincent A. Cirillo, entered an Adjudication and Decree Nisi. Both parties filed exceptions which were dismissed on April 28, 1978. From that dismissal, appellants filed this appeal,*fn1 alleging error in the April 28, 1978 action. Appellee contends that appellants' exceptions were dismissed by the court en banc as being filed untimely. The order of the lower court contained no explanatory comments, and no opinion has been filed in support thereof.

We remand for compliance with Pa.R.A.P. 1925(a). Upon the return of this record, the matter shall be scheduled for argument and the parties shall file new briefs. Only by this remand can the issues be properly framed after consideration and explanation by the court below.


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