WEISE v. GOLDMAN


229 Pa.Super. 187 (1974)

Weise v. Goldman, Appellant.

Superior Court of Pennsylvania.

June 21, 1974.


Attorney(s) appearing for the Case

Leon W. Silverman, for appellant.

Oscar O. Schwartz, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY HOFFMAN, J., June 21, 1974:

The sole issue is whether a lower court has the authority to enter an order while an appeal is pending in the appellate courts.

The appellee, plaintiff below, is an architect who instituted a suit in assumpsit for past due fees. A default judgment was taken when the defendant failed either to enter an appearance or answer the Complaint for 161 days. Defendant filed a petition to open judgment 151 days after the entry...

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