Conte v. Barnett's Bootery, Inc.

HESTER, Judge:

Following the presentation of appellants’ case in chief in the Court of Common Pleas of Beaver County, Pennsylva*414nia, appellee’s motion for a compulsory nonsuit was granted. Ten days following the entry of the nonsuit, appellants filed a motion to remove the nonsuit. Said motion was not briefed, argued, or ruled upon in the lower court; instead, appellee reduced the nonsuit order to judgment, and appellants filed this appeal.

Appellee moved to quash the appeal for appellants’ failure to file a timely motion to remove the nonsuit in the trial court prior to taking an appeal.…