BRUBACHER EXCAVATING v. COMMERCE BANK

No. 96 MDA 2009.

995 A.2d 362 (2010)

BRUBACHER EXCAVATING, INC., Appellee v. COMMERCE BANK/HARRISBURG, N.A., Appellant.

Superior Court of Pennsylvania.

Filed April 23, 2010.


Attorney(s) appearing for the Case

Thomas O. Williams, Camp Hill, for appellant.

Jonathan H. Rudd, Harrisburg, for appellee.

BEFORE: MUSMANNO, SHOGAN, JJ. and McEWEN, P.J.E.


OPINION BY SHOGAN, J.:

¶ 1 Commerce Bank/Harrisburg, N.A. ("Appellant") appeals from the order entering summary judgment in favor of Brubacher Excavating, Inc. ("Appellee"). Because we hold that the trial court erred in awarding prejudgment interest, we vacate and remand for modification of the judgment consistent with this Opinion.

¶ 2 The trial court set forth the relevant factual and procedural background...

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