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LINDA FERRELL AND ROBERT PLEASANT v. CHARLES S. GILL AND HUB LEASING (03/28/80)

SUPERIOR COURT OF PENNSYLVANIA


March 28, 1980

LINDA FERRELL AND ROBERT PLEASANT, JR., APPELLANTS
v.
CHARLES S. GILL AND HUB LEASING, INC., APPELLEES

NO. 1389 OCTOBER TERM, 1978 Appeal from the Order of the Court of Common Pleas, Civil Trial Division, of Philadelphia County, at No. 3752 August Term, 1973.

Before Price, Wieand*fn* And Van Der Voort, JJ. Price, J., Files a Concurring Statement.

Per Curiam:

Order affirmed.

PRICE, J., Files a Concurring Statement.

PRICE, J.

I agree with and join the majority. I wish to add only a further comment concerning appellants' argument that their outstanding preliminary objections were a bar to the trial of this action. It is true that in Reddick v. Puntureri, 242 Pa. Superior Ct. 138, 363 A.2d 1198 (1976), we held that before a case can be considered ripe for consideration of its merits, either by trial or other hearing, the pleadings must be closed. There, however, the objection was made prior to the final hearing. The bar of open pleadings, as the majority observes, may be waived.



*fn1 Filed July 23, 1974, and November 4, 1974.


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