HATCHIGIAN v. KOCH


381 Pa.Super. 377 (1989)

553 A.2d 1018

David HATCHIGIAN, Appellant, v. June KOCH and Harvey Koch, Appellees.

Supreme Court of Pennsylvania.

Filed February 16, 1989.


Attorney(s) appearing for the Case

Joseph R. D'Annunzio, Conshohoken, for appellant.

Cary L. Flitter, Bala Cynwyd, for appellees.

Before CIRILLO, President Judge, and BECK and KELLY, JJ.


BECK, Judge:

The novel issue presented is whether a Pennsylvania District Court judgment for the plaintiff has res judicata effect where the defendant appeals the judgment to the trial court, the plaintiff then suffers a judgment of non pros for failing to file a complaint in the trial court, and the plaintiff later institutes a new action in the trial court alleging the same cause of action against the same parties. We find that the judgment of the District Court...

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