Legal Opinion · Dissent

Signora v. Liberty Travel, Inc.

Superior Court of Pennsylvania

Decided October 28, 2005Published

1Dissent

DISSENTING STATEMENT BY

McEWEN, P.J.E.:

¶ 1 Since the opinion of the trial judge reflects a keen judicial insight and provides a persuasive expression of rationale for his decision, and since my astute colleagues of the majority would affirm that decision, I am hesitant to differ, but dissent I must. Essentially, my study of the record compels me to disagree with certain of the conclusions reached by my colleagues, including(1) the ruling that a default judgment entered by the prothonotary based on the failure to timely file an answer admits not only the factual allegations but also the legal…

2Cases cited37 opinions

  1. Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third PartyCourt of Appeals for the Third Circuit · 1975
  2. Overnight Motor Transportation Co. v. MisselSupreme Court of the United States · 1942
  3. Susan Cripps, Defendant-Cross-Claimant-Appellant v. Life Insurance Company of North America, Plaintiff-Cross-Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1992
  4. Ryan v. Homecomings Financial NetworkCourt of Appeals for the Fourth Circuit · 2001
  5. Curtis B. Danning, as Trustee in Bankruptcy of Fenton, Lavine & Co., a Partnership v. Beau Berlinski LavineCourt of Appeals for the Ninth Circuit · 1978

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