Legal Opinion · Dissent

Almes v. Burket

Superior Court of Pennsylvania

Decided August 9, 2005Published

1Dissent

DISSENTING OPINION BY

ORIE MELVIN, J.:

¶ 11 am unable to agree with the Majority that the trial court abused its discretion in denying Appellants’ petition for relief from judgment of non pros. Accordingly, I respectfully dissent.

¶ 2 The Majority aptly observes that this Court reviews such an order for an abuse of discretion. “The denial of a petition to open and/or strike judgment of non pros is subject to the abuse of discretion standard; an exercise of that discretion will not be reversed on appeal unless there is proof of manifest abuse thereof.” Hoover v. Davila, 862 A.2d 591, 593…

2Cases cited6 opinions

  1. Hoover v. DavilaSuperior Court of Pennsylvania · 2004
  2. Yee v. RobertsSuperior Court of Pennsylvania · 2005
  3. Parkway Corp. v. EdelsteinSuperior Court of Pennsylvania · 2004
  4. Harris v. NeuburgerSuperior Court of Pennsylvania · 2005
  5. Warner v. University of Pennsylvania Health SystemSuperior Court of Pennsylvania · 2005

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