Vitrano v. Vitrano

GULOTTA, Judge.

The thrust of plaintiffs motion to dismiss the devolutive appeal is two-fold: 1) that the motion for appeal and the appeal bond were untimely filed; and, 2) that the apparent signature of the appellant, Joan Vitrano, on the appeal bond is not her signature and the appeal bond is therefore invalid. The motion to dismiss is denied.

On October 22, 1976, a default judgment was rendered against the defendant, Joan Vitrano. No evidence is contained in the record that personal service of process was effected on defendant.1 Further, the record does not contain a certificate from the…