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ROOSEVELT WHITE v. COMMONWEALTH PENNSYLVANIA (02/06/84)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: February 6, 1984.

ROOSEVELT WHITE, JR., APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE

Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Commonwealth of Pennsylvania v. Roosevelt White, Jr., No. SA 754.

COUNSEL

Wendell G. Freeland, for appellant.

Harold H. Cramer, Assistant Attorney General, for appellee.

President Judge Crumlish, Jr. and Judges Williams, Jr. and Barbieri, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 80 Pa. Commw. Page 159]

Roosevelt White, Jr. appeals an order of the Court of Common Pleas of Allegheny County dismissing his

[ 80 Pa. Commw. Page 160]

    appeal from the suspension of his motor vehicle operator's license by the Department of Transportation, Bureau of Traffic Safety pursuant to Section 1539(a)*fn1 of the Vehicle Code.

In reviewing a decision of a common pleas court in a license suspension case, we are limited to determining whether the findings of that court are supported by competent evidence, whether there has been an erroneous conclusion of law or whether the common pleas court's decision demonstrates a manifest abuse of discretion. Waigand v. Commonwealth, 68 Pa. Commonwealth Ct. 541, 449 A.2d 862 (1982).

The sole question presented here is whether the common pleas court acted properly in dismissing White's appeal subsequent to its order remanding the matter for a departmental hearing where such a hearing had not been held.

While it is true that the record of this case does not disclose that a departmental hearing was held pursuant to the remand order, we cannot conclude that the court acted improperly in dismissing the appeal. This is so because in its October 5, 1979 remand order, the court also continued the case before it, thereby retaining jurisdiction over the matter.*fn2 Furthermore, prior to the issuance of its dismissal order,

[ 80 Pa. Commw. Page 161]

    the court afforded White a de novo hearing in which he participated and, as this Court has held, such a hearing cures any procedural due process defects which might have been caused by the lack of an administrative hearing in license suspension cases. Elias Appeal, 70 Pa. Commonwealth Ct. 404, 453 A.2d 372 (1982); Commonwealth v. Grindlinger, 7 Pa. Commonwealth Ct. 347, 300 A.2d 95 (1973). Accordingly, the order of the Court of Common Pleas of Allegheny County must be affirmed.

Order

And Now, this 6th day of February, 1984, the order of the Court of Common Pleas of Allegheny County, dated July 22, 1980, is hereby affirmed.

Disposition

Affirmed.


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