Legal Opinion

Dico Co., Inc. v. Novak

Superior Court of Pennsylvania

Decided August 16, 1979No. 216PublishedCited by 5 opinions

1Opinion of the Court

LIPEZ, Judge:

Appellee filed a Complaint in Assumpsit against appellants on September 2, 1976. Appellants’ motion for more specific pleading was granted, and appellee filed an Amended Complaint on July 22, 1977. Appellants made no response thereto, and a default judgment was taken against them on September 28, 1977. Their Petition to Open Judgment, filed November 3, 1977, was denied by the court below.

For a court to open a judgment, the following conditions must be met: (1) the petition to open was filed promptly; (2) a reasonable excuse is given for the failure to respond; and (3) the…

2Cases cited5 opinions

  1. Sprouse v. Kline-Styer-McCann, Post No. 7155 Veterans of Foreign WarsSuperior Court of Pennsylvania · 1975
  2. Ruggiero v. PhillipsSuperior Court of Pennsylvania · 1977
  3. International Equity Corp. v. Pepper & Tanner, Inc.Supreme Court of Pennsylvania · 1972
  4. Charles J. Webb Sons Co. v. WebberSuperior Court of Pennsylvania · 1961
  5. Palley v. LazarusSuperior Court of Pennsylvania · 1975

3Cited by5 opinions

  1. Ingram v. Dovertown Estates, Inc.Superior Court of Pennsylvania · 1982
  2. Hutchison v. HutchisonSuperior Court of Pennsylvania · 1980
  3. Cione v. Skyline Corp.Superior Court of Pennsylvania · 1981
  4. Hutchison v. HutchisonSuperior Court of Pennsylvania · 1980
  5. Ingram v. Dovertown Estates, Inc.Superior Court of Pennsylvania · 1982

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