ROMAN v. PEARLSTEIN


329 Pa.Super. 392 (1984)

478 A.2d 845

Edward ROMAN and Catherine Roman, H/W v. Robert S. PEARLSTEIN, t/a Empire Realty and Allen J. Goldstein, Ronald Rapp and Jeanette Rapp, H/W and Tom Dunphy, Inc. Appeal of Robert S. PEARLSTEIN, t/a Empire Realty.

Supreme Court of Pennsylvania.

Filed June 22, 1984.


Attorney(s) appearing for the Case

Manuel A. Spigler, Philadelphia, for appellant.

Neil A. Morris, Philadelphia, for Roman, appellees.

Lloyd Norris, Philadelphia, for Rapp, appellees.

Macker Duffy, Jr., Philadelphia, for Dunphy, appellee.

Before SPAETH, P.J., and BROSKY and HOFFMAN, JJ.


SPAETH, President Judge:

This is an appeal from an order imposing sanctions for refusal to make discovery. The sanctions were that appellant must pay appellees' counsel a fee of $500, and that appellant is "preclud[ed] . . . from introducing any evidence and examining any witnesses at the trial." We find the order reasonable as to the counsel fee but, in the circumstances, otherwise too severe. We therefore reverse so that the court may impose a more appropriate sanction...

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