FOX v. VOLKSWAGON OF AMERICA


328 Pa.Super. 338 (1984)

476 A.2d 1360

Donald FOX and Kay Fox, his wife, Appellants, v. VOLKSWAGON OF AMERICA, INC. and YBH Porsche Audi and The Fidelity Bank.

Supreme Court of Pennsylvania.

Filed June 7, 1984.

Petition for Allowance of Appeal Granted October 23, 1984.


Attorney(s) appearing for the Case

Jerome M. Dubyn, Philadelphia, for appellants.

Richard A. Kolb, Philadelphia, for appellees.

Before WICKERSHAM, WIEAND and LIPEZ, JJ.


LIPEZ, Judge:

This is an interlocutory appeal as of right by plaintiffs from an order opening a default judgment against defendant Fidelity Bank. See Pa.R.A.P. 311(a)(1). We reverse and reinstate the judgment.

We agree with the court below that since this was a trespass action and plaintiffs admitted that the petition to open was promptly filed, the only issue is whether Fidelity Bank established a legitimate excuse for the default. See Schutte v...

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