TRIANGLE PAC., ETC. v. TRIDENT ENTERPRISES


264 Pa.Super. 76 (1978)

399 A.2d 131

TRIANGLE PACIFIC PHILADELPHIA CORPORATION v. TRIDENT ENTERPRISES, INCORPORATED, Appellant.

Superior Court of Pennsylvania.

Decided December 14, 1978.

Petition for Allowance of Appeal Granted March 27, 1979.


Attorney(s) appearing for the Case

M. Patricia Harkins, Lafayette Hill, for appellant.

Steven H. Berkowitz, Philadelphia, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


VAN der VOORT, Judge:

The question on this appeal is whether the trial court abused its discretion in proceeding to trial in this assumpsit action in the absence of defendant or its counsel.

We believe there was an abuse of discretion in this case, and we reverse and remand for a new trial.

Most of the pertinent facts are not disputed. The case had originally been submitted to arbitrators, who found for plaintiff. Defendant appealed. In December, 1975...

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