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GOLDIE DROZDIBOB v. PETER JOHN GEROVAC (03/11/83)

SUPERIOR COURT OF PENNSYLVANIA


March 11, 1983

GOLDIE DROZDIBOB,
v.
PETER JOHN GEROVAC, APPELLANT

No. 1088 Pittsburgh, 1981, Appeal from the Order of the Court of Common Pleas of Beaver County, Civil Division, at No. 8 of 1979

Before Brosky, Johnson and Montgomery, JJ.

MEMORANDUM OPINION:

This appeal is from the denial of a petition to revoke an order to sell land pursuant to a partition. Appellant claims that the authorized sale price is insufficient. We do not reach the merits of this argument as this issue was waived through failure to file exceptions. We affirm.

The relevant procedural history can be briefly summarized. On March 9, 1979, an order of partition was issued by the Court of Common Pleas of Beaver County. No appeal was taken from this order. On February 5, 1981, the master in partition was authorized to sign a listing agreement for the sale of the property.*fn1 A hearing was held on July 30, 1981 to review the proposed sale price. Due to defendant's absence, a rehearing was held on September 24, 1981. On October 1, the court's order herein appealed from was filed, directing that the property be sold to an indicated person at an indicated price.

Subsequent to the October 1 order, no exceptions were filed. Pennsylvania Rule of Civil Procedure 1573(c) mandates the filing of exceptions.

If the court approves the return of sale in whole or in part, the court shall enter an appropriate decree nisi. Any part of the decree nisi not excepted to within twenty (20) days shall become final.

The filing of exceptions enables the Court below to have alleged errors pointed out and gives it an opportunity to correct them; thus potentially vitiating the need for an appeal.

As no exceptions were filed here, only a notice of appeal, this case is not properly before us. Therefore, we affirm.


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