Legal Opinion · Dissent

Mikita v. Bailey Homes, Inc.

Superior Court of Pennsylvania

Decided April 19, 1979No. 557 and 558Published

1DissentPrice, Judge

We are here asked to decide the validity of Rule 306(A)(1) of the Allegheny County Court of Common Pleas, which requires that an appellant from an arbitration award serve a copy of the notice of appeal upon the adverse party or its counsel within twenty days following the award. I would affirm the orders of the court below. I believe the majority of this panel ignores the clear intent and purpose of the rule and thus frustrates the proper authority of the court below to adopt rules, not inconsistent with the law or supreme court rules, to conduct their own business. Further, as evidenced…

2Cases cited28 opinions

  1. Capital Traction Co. v. HofSupreme Court of the United States · 1899
  2. Nixon v. NixonSupreme Court of Pennsylvania · 1938
  3. Smith CaseSupreme Court of Pennsylvania · 1955
  4. Gottschall v. CampbellSupreme Court of Pennsylvania · 1912
  5. Purdy EstateSupreme Court of Pennsylvania · 1972

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