MUDD v. NOSKER LUMBER, INC.


443 Pa.Super. 483 (1995)

662 A.2d 660

Harold MUDD and Zita Mudd, Appellants, v. NOSKER LUMBER, INC., Jode R. DELP, Appellees.

Superior Court of Pennsylvania.

Filed July 20, 1995.


Attorney(s) appearing for the Case

Robert J. Fall, Pittsburgh, for appellants.

Jack J. Steiner, Kittanning, for Delp, appellee.

David L. Montgomery, Butler, for Nosker Lumber, appellee.

Before DEL SOLE, KELLY, and BROSKY, JJ.


KELLY, Judge:

In this opinion, we are called upon to determine whether the presumption of prejudice which arises from a delay in the prosecution of a civil complaint in excess of two years may be rebutted by the conduct of the defendant seeking a judgment of non pros. We hold that where the circumstances indicate that the party seeking non pros has come to the court of equity with unclean hands, that party is estopped from obtaining this equitable remedy...

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