Dunegan v. Apico Inns of Green Tree, Inc.

I must respectfully dissent from the majority’s determination to reach the issue presented on this appeal.

This is an appeal from an order by the Court of Common Pleas of Clearfield County which states as follows:

Now, this 23rd day of August, 1985, it is the Order of this Court that Defendant’s Motion for Summary Judgment be and is hereby granted and judgment entered in favor of the Defendant and against Plaintiff.

The granting of a Motion for Summary Judgment is governed by Pa.R.Civ.P. 1035. This rule states in pertinent part:(a) After the pleadings are closed, but within such time as not to…