HOPEWELL v. HENDRIE


386 Pa.Super. 264 (1989)

562 A.2d 899

Carolyn HOPEWELL, Administratrix of the Estate of Kenneth Hopewell, Deceased, Appellant, v. Steven HENDRIE, Daniel Hendrie and Patricia Hendrie, Appellees.

Supreme Court of Pennsylvania.

Filed August 11, 1989.


Attorney(s) appearing for the Case

Germaine Ingram, Philadelphia, for appellant.

John T. Quinn, Philadelphia, for appellees.

Before BECK, HOFFMAN and CERCONE, JJ.


BECK, Judge:

The issue presented for decision is whether the trial court abused its discretion in refusing to strike off a discontinuance in this wrongful death and survival action where the discontinuance was mistakenly filed by plaintiff-appellant's counsel of record without the knowledge of appellant or of the attorney who was actually litigating the case, the petition to strike the discontinuance was filed within thirty days of appellant's discovery of the error...

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