Fox v. Gabler

SUGERMAN, Judge:

Appellant, Defendant below, appeals from an order of the lower court refusing to open or strike a default judgment entered against him by the Prothonotary of Montgomery County, pursuant to Appellee’s praecipe, for the failure of Appellant to file answers to Appellee’s interrogatories.

The acrimonious and protracted litigation underlying the instant appeal commenced in 1974 when Appellee, as Plaintiff below, filed a complaint in equity against Appellant wherein Appellee alleged that he was an undisclosed partner with Appellant in the ownership of a restaurant and tavern…