Quaker Transit Co. v. Jack W. Blumenfeld & Co.

WIEAND, Judge:

In this action of assumpsit to recover charges for moving, the complaint was served on July 17, 1978. Twenty-two days later, on August 8, 1978, the plaintiff took a default judgment for $3,951.21 because of defendant’s failure to enter an appearance or file an answer. The trial court refused to open the judgment, and defendant appealed. We reverse.

A petition to open judgment is a matter of judicial discretion. It is an appeal to the court’s equitable powers, and is to be exercised only when three factors coalesce: (1) the petition has been promptly filed; (2) a meritorious…