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PATRICIA DETZI v. BOB MATLOCK (11/18/86)

SUPREME COURT OF PENNSYLVANIA


decided: November 18, 1986.

PATRICIA DETZI, APPELLANT,
v.
BOB MATLOCK, T/A BOB MATLOCK AUTO BODY, APPELLEE

Appeal No. 33 E.D. Appeal Dkt., 1985, from Order of Superior Court, 331 Pa. Superior Ct. 585, 481 A.2d 363 (1984), Dated July 17, 1984, Docketed at No. 3460, Philadelphia, 1983, Affirming an Order of the Court of Common Pleas of Northampton County Dated December 7, 1983, at No. 1983-CE-2056; Franklin S. VanAntwerpen, Judge.

COUNSEL

James V. Fareri, Stroudsburg, for appellant.

Alan P. McFall, Bangor, for appellee.

Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ. Papadakos, J., files a dissenting opinion in which Larsen and Flaherty, JJ., join.

Author: Per Curiam

[ 512 Pa. Page 408]

ORDER

Appeal dismissed as having been improvidently granted.

Disposition

Appeal dismissed as having been improvidently granted.

PAPADAKOS, Justice, dissenting.

I dissent to the Order dismissing this appeal as improvidently granted. The prothonotary acknowledged under oath that, although the notice of mailing the order subject to the filing of exceptions was docketed on August 12, 1983,

[ 512 Pa. Page 409]

    it was not mailed to Appellant until August 15, 1983. Within ten days thereafter, on August 25, 1983, Appellant's exceptions were filed. To dismiss them as untimely filed on the strength of an admittedly false entry in the prothonotary's docket, is incredible.

The injustice in allowing Appellant's rights to be limited by the prothonotary's admitted error is so overwhelmingly clear as to render inescapable a reversal of the courts below. I would enter a per curiam reversal.

19861118

© 1998 VersusLaw Inc.



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