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FLORIG v. ESTATE OF O'HARA

912 A.2d 318 (2006)

Robert FLORIG and John Florig, Trading as R.J. Holding Company, Appellants v. ESTATE OF William J. O'HARA, Sr., Betty O'Hara, Sanitary Landfill, Inc., William J. O'Hara, Inc., O'Hara Sanitation Company, Inc., R.T. Environmental, Inc., C.S. Garber & Son, Inc., Mary D. McCormick, Suzanne M. Schlacter and Mary Lou Kelly, Appellees.

Superior Court of Pennsylvania.

Filed November 27, 2006.

Reargument Denied January 10, 2007.

Attorney(s) appearing for the Case

Richard L. Bazelon, Philadelphia, for appellants.

Michael A. John, Norristown, for Garber, appellee.

Robert J. Reilley, Jr., King of Prussia, for Estate of O'Hara, appellee.

BEFORE: KLEIN, GANTMAN, JJ., and McEWEN, P.J.E.

OPINION BY McEWEN, P.J.E.:

¶ 1 Appellants, Robert and John Florig, appeal from the order of the trial court denying their petition to open the judgment of non pros that had been entered against them. We reverse in part and affirm in part.

¶ 2 The litigation that has culminated in this appeal commenced on December 18, 1996, when appellants, who were owners of a parcel of property located in Montgomery County, filed a complaint in trespass against...

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