JUBAN v. SCHERMER


751 A.2d 1190 (2000)

Julia JUBAN a/k/a Julia Jubon, Executrix of the Estate of John Hepak v. William C. SCHERMER, Holland Metro Inc. Realtors, Coldwell Banker, Froelich Realtors and Dee C. Steinheiser and Elaine Steinheiser, His Wife. Appeal of William C. Schermer, Appellant.

Superior Court of Pennsylvania.

Filed May 5, 2000.


Attorney(s) appearing for the Case

James R. Fryling, Erie, for appellant.

Eugene J. Brew Erie, for Steinheiser, appellee.

Before DEL SOLE, FORD ELLIOTT, and TAMILIA, JJ.


FORD ELLIOTT, J.:

¶ 1 Before us is an order denying appellant William C. Schermer's ("Schermer's") petition to assess damages and retain bond, filed after this court affirmed a declaratory judgment entered in Schermer's favor. Because we find that § 7538 of the Declaratory Judgments Act, 42 Pa.C.S.A. § 7532-7541, ("DJA") authorizes a petition to assess damages based on a declaratory judgment, we reverse and remand. A brief review of the factual and...

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