Jappe v. Heller

A final decree was entered in the cause July 24, 1952. September 16th, 54 days thereafter an extraordinary petition for rehearing was filed and on September 19th, defendants appealed. November 4, 1952, the Court granted the extraordinary petition for rehearing, vacated the final decree and referred the cause to a Master. We are confronted with a petition for certio-rari to review and quash the latter decree.

The point for determination is whether or not the Circuit Court had jurisdiction to vacate the final decree, the petition for rehearing on which it was predicated nothaving been filed…