MURPHY v. ARMSTRONG


424 Pa.Super. 424 (1993)

622 A.2d 992

Eugene C. MURPHY and Carol J. Murphy, Appellants, v. Robert R. ARMSTRONG, Dominic La Rosa, William J. Carson, Jr. d/b/a Carson Bros., Purity-Standard, Miller & Cornell, Inc. and John N. Weiss, Appellees.

Superior Court of Pennsylvania.

Filed April 5, 1993.


Attorney(s) appearing for the Case

Neil M. Krum, Jenkintown, for appellants.

Thomas Coval, Willow Grove, for La Rosa, appellee.

Before OLSZEWSKI, KELLY and HOFFMAN, JJ.


KELLY, Judge.

In this appeal, we are called upon to determine whether a trial court was authorized to dismiss a complaint with prejudice because the plaintiff violated a local rule by failing to file a brief in response to a defendant's demurrer. We conclude that a local rule allowing for dismissal for failure to file a brief violates the express dictates of Pennsylvania Rule of Civil Procedure 239(f). Therefore, we reverse the trial court's order which dismissed...

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