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JEFFERIES v. E.J. CALLAGHAN & CO.

431 Pa.Super. 115 (1994)

635 A.2d 1098

Fitch B. JEFFERIES, Jr., Appellant, v. E.J. CALLAGHAN & CO.

Superior Court of Pennsylvania.

Filed January 12, 1994.

Attorney(s) appearing for the Case

Fitch B. Jefferies, Jr., appellant, pro se.

James C. Dalton, Doylestown, for appellee.

Before ROWLEY, President Judge, and OLSZEWSKI and BECK, JJ.

PER CURIAM:

Order affirmed.

OLSZEWSKI, J., filed a dissenting opinion.

OLSZEWSKI, Judge, dissenting:

I must respectfully dissent from my learned colleagues' decision. I do not find the pleadings sufficient to determine that E.J. Callaghan & Co. had probable cause to bring its original suit. Callaghan voluntarily discontinued its suit with prejudice sometime after the issuance of a rule to show cause why Callaghan should not be compelled...

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