BRYANT v. ORTHOPEDIC SURGERY & REHAB. AND ASSOCIATES


455 Pa.Super. 503 (1997)

688 A.2d 1208

Marilyn P. BRYANT and Vincent Bryant, H/W, Appellants, v. ORTHOPEDIC SURGERY & REHABILITATION AND ASSOCIATES, P.C., G & R Bio-Med Services, Inc., Rich Mar, Richard Montemuro, Thera-Medix Ltd., and Louis Pulos, Distributor.

Superior Court of Pennsylvania.

Filed February 12, 1997.


Attorney(s) appearing for the Case

Michael A. Shore, Philadelphia, for appellants.

Derek R. Layser, Philadelphia, Francis J. McGovern, Blue Bell, for Orthopedic Surgery & Rehabilitation, appellee.

Joseph G. Maniaci, Philadelphia, for G & R Bio-Med Services, appellee.

Barry W. Smiley, Bala Cynwyd, for Rich Mar, appellee.

Katherine C. Douglas, Philadelphia, for Montemuro, appellee.

Before CAVANAUGH, CIRILLO, BECK, POPOVICH, JOHNSON, HUDOCK, FORD ELLIOTT, SAYLOR and EAKIN, JJ.


JOHNSON, Judge.

In this appeal, we are asked whether a trial court has the authority to dismiss a plaintiff's appeal from an arbitration award in favor of a defendant on the basis of the failure of plaintiff's counsel to appear at the status call of the list for the assignment of a trial date. Because we find that a trial court lacks such authority, we reverse and remand this matter to the trial court for proceedings consistent with this Opinion.

The Bryants...

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