STRINGER v. KAYTES


318 Pa.Super. 393 (1983)

465 A.2d 11

Christine STRINGER, a/k/a Christine Cuddy, v. Albert J. KAYTES, Stanford Keyne, Albert J. Kaytes and Company and Kaytes and Kelsey-Barber Corporation, Appellants.

Supreme Court of Pennsylvania.

Filed August 19, 1983.


Attorney(s) appearing for the Case

Richard S. March, Philadelphia, for appellants.

William L. Keller, Philadelphia, for appellee.

Before CAVANAUGH, WIEAND and HOFFMAN, JJ.


WIEAND, Judge:

Where a party seeks to reinstate a complaint which has been dismissed for inactivity under Philadelphia Rule 130, is the failure to proceed excused either by difficulty experienced in marshalling evidence or by a change in counsel which took place more than a year before the action was dismissed? We conclude that neither reason is adequate and reverse the order reinstating a complaint after more than four years of inactivity.

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