Walt Medical v. Electro-Nucleonics

KELLY, Judge:

The sole issue on appeal is whether the trial court abused its discretion in not opening judgment of non pros for the appellee. We hold that the trial court abused its discretion, and reverse and remand.

The facts and procedural history can be summarized as follows. Ronald J. Lapko, t/d/b/a Walt Medical (appellant), had an agreement to sell medical equipment for Electro-Nucleonics, Inc. (appellee), in exchange for commission on those sales. There was a dispute regarding the amount of commission due. Walt Medical commenced an action against Electro-Nucleonics, Inc.. A Board of…