Legal Opinion

M. Cook v. City of Philadelphia Civil Service Commission

Commonwealth Court of Pennsylvania

Decided January 7, 2019No. 638 C.D. 2017PublishedCited by 5 opinions

1Opinion of the Court

OPINION BY PRESIDENT JUDGE LEAVITT

Michael Cook appeals an order of the Court of Common Pleas of Philadelphia County (trial court) dismissing his local agency appeal sua sponte because he failed to file a brief by the date set forth in the trial court's scheduling order. 2 Cook argues that the trial court lacked authority to dismiss the case sua sponte , and the City of Philadelphia Civil Service Commission (City) was not prejudiced by his failure to file a brief. We reverse and remand.

Background

In 2012, Cook applied for the position of Philadelphia Police Officer and was placed on a list of…

2Cases cited16 opinions

  1. Brocker v. BrockerSupreme Court of Pennsylvania · 1968
  2. Commonwealth v. ShafferSupreme Court of Pennsylvania · 1998
  3. I.B.P.O.E. of West Mount Vernon Lodge 151 v. Pennsylvania Liquor Control BoardCommonwealth Court of Pennsylvania · 2009
  4. CIVIL SERV. C., CITY OF PHILA. v. FarrellCommonwealth Court of Pennsylvania · 1986
  5. King v. City of Philadelphia Bureau of Administrative AdjudicationCommonwealth Court of Pennsylvania · 2014

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3Cited by5 opinions

  1. J.A. Omatick v. Cecil Twp. ZHB v. Cecil Twp. Bd. of Supers.Commonwealth Court of Pennsylvania · 2022
  2. K. Rivera v. City of ReadingCommonwealth Court of Pennsylvania · 2020
  3. M. Cook v. City of Philadelphia CSCCommonwealth Court of Pennsylvania · 2021
  4. Manayunk Neighborhood Council, Inc. v. ZBA & Allegheny Distribution & DeliveryCommonwealth Court of Pennsylvania · 2021
  5. P. Kesarkar v. Birmingham Twp. ~ Appeal of: P. KesarkarCommonwealth Court of Pennsylvania · 2021

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