Neshaminy Constructors, Inc. v. Plymouth Township

BARBIERI, Senior Judge.

Neshaminy Constructors, Inc. (Appellant) appeals the order of the Montgomery County Court of Common Pleas which granted non pros in favor of Plymouth Township (Township), the appellee herein. Three issues are presented on appeal: (1) whether the trial court abused its discretion in granting the Township’s motion for non pros; (2) whether the Township waived any claim to non pros; and (3) whether the Township was barred from filing a subsequent motion for non pros following dismissal of its initial motion. We affirm.

On February 11, 1981, Appellant instituted suit against…