Freedman v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

DISSENTING OPINION BY

Judge SMITH-RIBNER.

I respectfully dissent from the decision of the majority to order that the appeal filed by Kerry Freedman be dismissed as untimely rather than heard on the merits. This Court in Watterson v. Department of Transportation, Bureau of Driver Licensing, 816 A.2d 1225 (Pa.Cmwlth.2003), under factual circumstances very similar to those present here, affirmed a trial court’s refusal to quash an appeal as untimely filed. In Watterson the driver *499did not appeal from the April 2001 notice of suspension that he received from the Department of Transportation with an…