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JOSEPH D. MORING AND MARY ALICE MORING v. WILLIAM DUNNE AND CITY PHILADELPHIA. APPEAL WILLIAM DUNNE. JOSEPH D. MORING AND MARY ALICE MORING V. DETECTIVE WILLIAM DUNNE AND CITY PHILADELPHIA. APPEAL CITY PHILADELPHIA (04/26/85)

filed: April 26, 1985.

JOSEPH D. MORING AND MARY ALICE MORING
v.
WILLIAM DUNNE AND CITY OF PHILADELPHIA. APPEAL OF WILLIAM DUNNE. JOSEPH D. MORING AND MARY ALICE MORING V. DETECTIVE WILLIAM DUNNE AND CITY OF PHILADELPHIA. APPEAL OF CITY OF PHILADELPHIA



No. 3204 PHL 1981, Appeal from the Order of November 18, 1981 in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 215 Oct. Term 1974. No. 658 PHL 1982, Appeal from the Order of May 15, 1981 in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 215 Oct. Term, 1974.

COUNSEL

Richard M. Sanders, Philadelphia, for appellant (at 3204) and for appellee (at 658).

Sarah Makin, Philadelphia, for appellant (at 658) and for appellee (at 3204).

Keith S. Erbstein, Philadelphia, for appellees.

Rowley, Wieand and Beck, JJ.

Author: Beck

[ 342 Pa. Super. Page 415]

The threshold issue on appeal is whether the lower court properly granted appellants' petitions for leave to file a notice of appeal nunc pro tunc. We hold that these petitions were erroneously granted and therefore quash the appeals as untimely filed.

On October 23, 1973, at approximately 11:45 p.m., in the Allan's Alley bar in Philadelphia, Joseph Moring was shot and critically wounded by William Dunne, a Philadelphia police officer, following a series of physical confrontations between the two men. Moring filed a complaint in trespass against Dunne and the City of Philadelphia seeking damages for his injuries. The matter was heard without a jury before the lower court on May 8-9, 1980. On May 20, 1980, the court made findings of fact on liability in favor of

[ 342 Pa. Super. Page 416]

Moring and against the defendants, jointly and severally, in the amount of $200,000. The defendants then filed exceptions to these findings. On May 15, 1981, the lower court dismissed the exceptions and directed the Prothonotary to enter judgment in Moring's favor in the amount of $211,880.43. Both Dunne and the City subsequently appealed from the May 15, 1981 order.*fn*

With regard to Dunne's appeal, sometime after September 22, 1981, Dunne filed a petition for leave to file a notice of appeal nunc pro tunc in the lower court. On November 18, the lower court entered an order permitting Dunne "to file a notice of appeal from the Order of this Court dated June 15, 1981." On December 9, Dunne filed a notice of appeal "from the Order entered in this matter on the 15th day of June, 1981, as per order of Judge Wilson dated 11/18/81." On December 10, the lower court amended its November 18 order to read: "In consideration of the Petition filed by defendant, William Dunne and upon good cause shown, it is hereby ORDERED and DECREED that defendant William Dunne shall be permitted to file a notice of appeal from the Order of this Court dated May 15, 1981." On December 16, Dunne filed an Amended Notice of Appeal from the May 15, 1981 order. This appeal was docketed on December 17, 1981.

With regard to the City's appeal, on June 23, 1981, the City filed a petition for leave to file a notice of appeal nunc pro tunc in the Superior Court. On September 8, this Court denied that petition without prejudice to the City to ...


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