NESHAMINY CONSTRUCTORS v. PLYMOUTH TP.


132 Pa.Commw. 229 (1990)

572 A.2d 814

NESHAMINY CONSTRUCTORS, INC., Appellant, v. PLYMOUTH TOWNSHIP, Appellee.

Commonwealth Court of Pennsylvania.

Decided February 28, 1990.

Reargument Denied May 1, 1990.


Attorney(s) appearing for the Case

Peter L. Fiss, with him, Thomas J. Stevens, Jr., Corr, Stevens and Fenningham, Trevose, for appellant.

Emeline L.K. Diener, Herbert F. Rubenstein, Broad Axe, for appellee.

Before DOYLE and PALLADINO, JJ., and BARBIERI, Senior Judge.


BARBIERI, Senior Judge.

Neshaminy Constructors, Inc. (Appellant) appeals the order of the Montgomery County Court of Common Pleas which granted non pros in favor of Plymouth Township (Township), the appellee herein. Three issues are presented on appeal: (1) whether the trial court abused its discretion in granting the Township's motion for non pros; (2) whether the Township waived any claim to non pros; and (3) whether the Township was barred from filing a subsequent...

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