Fetter v. Schwartz

WIEAND, Judge:

On July 25, 1989, Henry Fetter filed an action to recover damages for injuries sustained in a roofing accident allegedly caused by the negligence of Herb Schwartz. On *153October 11, 1989, following compulsory arbitration, an award was entered in favor of Fetter and against Schwartz in the amount of twenty thousand ($20,000) dollars. Neither party filed an appeal within thirty (30) days thereafter. On November 16, 1989, however, Fetter’s counsel filed a petition for leave of court to file an appeal nunc pro tunc. In support of this request, Fetter alleged that his counsel’s delay in…