Legal Opinion
Pennsylvania Institutional Health Services, Inc. v. Commonwealth, Department of Corrections
Commonwealth Court of Pennsylvania
Decided August 31, 1994PublishedCited by 2 opinions
1Opinion of the Court
SMITH, Judge.
Pennsylvania Institutional Health Services, Inc. (PIHS) appeals from the December 3, 1993 order of the Board of Claims (Board) refusing to enter default judgment against the Department of Corrections (Department). The issue raised in this interlocutory appeal is whether PIHS waived its right to entry of default judgment by filing an answer to the Department’s new matter and counterclaim to PIHS’ claim when PIHS had been compelled by the Board to file the pleading. For the reasons stated below, the Board’s order is reversed and this case is remanded to the Board.
In response to the…
2Cases cited8 opinions
- Federal Sales Co. v. FarrellSupreme Court of Pennsylvania · 1919
- Downes v. HODINSupreme Court of Pennsylvania · 1954
- Johnson v. Southeastern Pennsylvania Transportation AuthoritySupreme Court of Pennsylvania · 1990
- Reichert v. TRW, Inc., Cutting Tools Div.Supreme Court of Pennsylvania · 1992
- Maiorana v. Farmers & Merchants BankSupreme Court of Pennsylvania · 1983
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3Cited by2 opinions
- Jetson Direct Mail Services, Inc. v. Department of Labor & Industry, State Workmen's Insurance FundCommonwealth Court of Pennsylvania · 2001
- Werner v. Office of AdministrationCommonwealth Court of Pennsylvania · 1997