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JOHN B. HOUSEKEEPER v. STEPHEN FREDERICK AND NORTH PENN MUSIC AIDES (02/11/83)

SUPERIOR COURT OF PENNSYLVANIA


filed: February 11, 1983.

JOHN B. HOUSEKEEPER
v.
STEPHEN FREDERICK AND NORTH PENN MUSIC AIDES, INC., APPELLANTS

No. 1315 Philadelphia, 1980, Appeal from the Order of the Court of Common Pleas, Civil Division, of Montgomery County, 1980, No. 77-03182.

COUNSEL

Richard W. Rogers, Norristown, for appellants.

Thomas J. McNally, Lansdale, for appellee.

Price,*fn* Wieand and Hoffman, JJ. This Decision was reached prior to the death of Judge Price.

Author: Per Curiam

[ 310 Pa. Super. Page 140]

This appeal presents the question of the proper time for appeal from an award in compulsory arbitration, a matter which has been decided since this appeal was filed. In light of the intervening decisions in Turner v. May Corp., 285 Pa. Superior Ct. 241,

[ 310 Pa. Super. Page 141427]

A.2d 203 (1981) and Acri v. Wintermeyer, 285 Pa. Superior Ct. 486, 428 A.2d 150 (1981), we hold that the applicable time period for appeal from such an award was thirty (30) days and reverse.

On July 25, 1979, a panel of arbitrators awarded appellee certain relief. On August 22, 1979, appellant filed an appeal from that award. On August 28, 1979, appellee filed a motion to quash the appeal on the grounds that the time period for filing such an appeal was twenty (20) days. The lower court accepted this argument and quashed the appeal. This appeal followed from that order.

In Turner, supra, this court considered all the arguments involved sub judice at length and concluded that the proper time period for appeals from arbitration awards was thirty (30) days. Nor does the shorter local rule help appellee, as decided a month later in Acri, supra.


*fn* Died Jan. 30, 1983.


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