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ELLIS ROBINSON v. TRENTON DRESSED POULTRY COMPANY (03/13/85)

submitted: March 13, 1985.

ELLIS ROBINSON, APPELLANT,
v.
TRENTON DRESSED POULTRY COMPANY



Appeal from the Order entered October 6, 1983, Court of Common Pleas, Philadelphia County, Civil Division at No. 6172 August Term, 1982.

COUNSEL

John Joseph Fonash, III, Philadelphia, for appellant.

Charles A. Harad, Philadelphia, for appellee.

Spaeth, President Judge, and Johnson and Shoyer,*fn* JJ.

Author: Johnson

[ 344 Pa. Super. Page 548]

This action arose out of an automobile accident which occurred September 23, 1980. On August 30, 1982 Appellant, Ellis Robinson, filed a Praecipe for Writ of Summons in trespass, and an arbitration hearing on the matter was scheduled for May 3, 1983.

As of the date of the arbitration hearing the Writ of Summons had neither been served, nor reissued, nor had a complaint been filed or served and, on May 5, 1983, an order was entered by the trial court, dismissing the action without prejudice.

On May 25, 1983 Robinson filed a complaint in trespass under the same court term and number as the action dismissed by the May 5, 1983 order. Appellee, Trenton Dressed Poultry Company (Trenton), filed preliminary objections seeking to have the complaint dismissed as a nullity. On October 6, 1983 the trial court granted the preliminary objections of Trenton and dismissed Robinson's complaint with prejudice. This appeal from both the May 5, 1983 and October 6, 1983 orders followed. For reasons hereinafter set forth, the appeal from the May 5, 1983 order is quashed and the order of October 6, 1983 is affirmed.

Robinson first challenges the trial court's dismissal of the instant case, without prejudice, on May 5, 1983.

Pa.R.A.P. 903(a) provides:

Rule 903. Time for Appeal

(a) General rule. Except as otherwise prescribed by this rule, the notice of appeal required by Rule 902 (manner of taking appeal) shall be filed within 30 days after the ...


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