TAUB v. CEDARBROOK JOINT VENTURE


266 Pa.Super. 262 (1978)

404 A.2d 403

Merrill TAUB and Anthony H. Harwood, Trustees for Institutional Investors Trust v. CEDARBROOK JOINT VENTURE, John W. Merriam, Thomas Wynne, Inc., Cedarbrook Realty, Inc., and Witchwood, Inc., Appellants.

Superior Court of Pennsylvania.

Decided December 29, 1978.

Petition for Allowance of Appeal Denied April 17, 1979.


Attorney(s) appearing for the Case

Jeffrey A. Less, Philadelphia, for appellants.

Henry W. Sawyer, III, Philadelphia, for appellee, Institutional Investors Trust.

Before JACOBS, President Judge, and CERCONE and LIPEZ, JJ.


JACOBS, President Judge:

The three appeals consolidated for argument and decision in this case arise from separate orders by the court below dismissing appellants' petition to open three confessed judgments. The issue we must decide is whether the lower court abused its discretion by refusing to open the judgments after it found that appellants failed to produce sufficient evidence to submit the case to a jury. For the reasons that follow, we find no error, and therefore...

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