Black & Brown, Inc. v. Home for the Accepted, Inc.

Opinion by

Van der Voort, J.,

This appeal again raises the issue of whether the nonpayment of costs, in an appeal from an award of arbitration, should support a dismissal of the appeal. Our review requires a re-examination of the holding in Meta v. Yellow Cab Company of Philadelphia, 222 Pa. Superior Ct. 469, 294 A.2d 898 (1972).

The record in the instant case shows that on September 9, 1971, a Complaint in Assumpsit was filed by appel-lee against appellant in the Court of Common Pleas. Appellee had previously filed a mechanic’s lien for alleged non-payment on cabinets and appliances furnished…