Strickler v. United Elevator Co., Inc.

Under the majority’s reasoning, the following might occur: (1) A party waits 40 days, without appealing; the party may ask the lower court to reconsider its decision, and the court may do so, change its mind, and decide in the party’s favor. (2) A party waits 40 days, does appeal, and the appeal is quashed as untimely; now, according to the majority, the party may not ask the lower court to reconsider its decision. I cannot join this reasoning; it depends upon giving legal effect to an action — the untimely appeal — that was a nullity. Nevertheless, I agree with the majority’s result, which I…