CRISCUOLO v. MOORE FARMS, INC.


222 Pa.Super. 323 (1972)

Criscuolo v. Moore Farms, Inc., Appellant.

Superior Court of Pennsylvania.

September 15, 1972.


Attorney(s) appearing for the Case

William T. Coleman, Jr., with him John F. Smith, III, Christopher S. Underhill, Dilworth, Paxson, Kalish, Levy & Coleman, and Windolph, Burkholder & Hartman, for appellant.

John Milton Ranck, with him James W. Appel, and Appel, Ranck, Herr and Appel, for appellees.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.


OPINION BY JACOBS, J., September 15, 1972:

Defendant appeals from the order of the court below, discharging its rule to open a default judgment entered for failure to file an answer to plaintiffs' complaint. The determinative question in this case is whether the defendant established a sufficient excuse for the default. The lower court found defendant's excuse insufficient, and we cannot reverse this finding unless it represents a clear, manifest abuse of discretion...

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